Bill Text: IL HB5501 | 2021-2022 | 102nd General Assembly | Chaptered

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Bill Title: Creates the First 2022 General Revisory Act. Combines multiple versions of Sections amended by more than one Public Act. Renumbers Sections of various Acts to eliminate duplication. Corrects obsolete cross-references and technical errors. Makes stylistic changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-05-13 - Public Act . . . . . . . . . 102-0813 [HB5501 Detail]

Download: Illinois-2021-HB5501-Chaptered.html

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Public Act 102-0813
HB5501 Enrolled LRB102 24698 AMC 33937 b
AN ACT to revise the law by combining multiple enactments
and making technical corrections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Nature of this Act.
(a) This Act may be cited as the First 2022 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 In certain cases in which a repealed Act or Section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incorporate amendments to the repealed Act or Section into the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 102-691 were considered in
the preparation of the combining revisories included in this
Act. Many of those combining revisories contain no striking or
underscoring because no additional changes are being made in
the material that is being combined.
Section 5. The Regulatory Sunset Act is amended by
changing Section 4.37 as follows:
(5 ILCS 80/4.37)
(Text of Section before amendment by P.A. 102-683)
Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following are repealed on January 1, 2027:
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
and XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
The Boiler and Pressure Vessel Repairer Regulation Act.
The Marriage and Family Therapy Licensing Act.
The Boxing and Full-contact Martial Arts Act.
The Cemetery Oversight Act.
The Community Association Manager Licensing and
Disciplinary Act.

The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Massage Licensing Act.
The Medical Practice Act of 1987.
The Petroleum Equipment Contractors Licensing Act.
The Radiation Protection Act of 1990.
The Real Estate Appraiser Licensing Act of 2002.
The Registered Interior Designers Act.
The Landscape Architecture Registration Act.
The Water Well and Pump Installation Contractor's License
Act.
The Collateral Recovery Act.
(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
102-437, eff. 8-20-21; 102-656, eff. 8-27-21; revised
10-13-21.)
(Text of Section after amendment by P.A. 102-683)
Sec. 4.37. Acts and Articles repealed on January 1, 2027.
The following are repealed on January 1, 2027:
The Clinical Psychologist Licensing Act.
The Illinois Optometric Practice Act of 1987.
Articles II, III, IV, V, VI, VIIA, VIIB, VIIC, XVII, XXXI,
and XXXI 1/4, and XXXI 3/4 of the Illinois Insurance Code.
The Boiler and Pressure Vessel Repairer Regulation Act.
The Marriage and Family Therapy Licensing Act.
The Boxing and Full-contact Martial Arts Act.

The Cemetery Oversight Act.
The Community Association Manager Licensing and
Disciplinary Act.
The Detection of Deception Examiners Act.
The Home Inspector License Act.
The Massage Licensing Act.
The Medical Practice Act of 1987.
The Petroleum Equipment Contractors Licensing Act.
The Radiation Protection Act of 1990.
The Real Estate Appraiser Licensing Act of 2002.
The Registered Interior Designers Act.
The Landscape Architecture Registration Act.
The Water Well and Pump Installation Contractor's License
Act.
The Collateral Recovery Act.
The Licensed Certified Professional Midwife Practice Act.
(Source: P.A. 102-20, eff. 6-25-21; 102-284, eff. 8-6-21;
102-437, eff. 8-20-21; 102-656, eff. 8-27-21; 102-683, eff.
10-1-22; revised 1-5-22.)
Section 10. The Illinois Administrative Procedure Act is
amended by changing Section 5-45 and by setting forth,
renumbering, and changing multiple versions of Sections 5-45.8
and 5-45.9 as follows:
(5 ILCS 100/5-45) (from Ch. 127, par. 1005-45)

Sec. 5-45. Emergency rulemaking.
(a) "Emergency" means the existence of any situation that
any agency finds reasonably constitutes a threat to the public
interest, safety, or welfare.
(b) If any agency finds that an emergency exists that
requires adoption of a rule upon fewer days than is required by
Section 5-40 and states in writing its reasons for that
finding, the agency may adopt an emergency rule without prior
notice or hearing upon filing a notice of emergency rulemaking
with the Secretary of State under Section 5-70. The notice
shall include the text of the emergency rule and shall be
published in the Illinois Register. Consent orders or other
court orders adopting settlements negotiated by an agency may
be adopted under this Section. Subject to applicable
constitutional or statutory provisions, an emergency rule
becomes effective immediately upon filing under Section 5-65
or at a stated date less than 10 days thereafter. The agency's
finding and a statement of the specific reasons for the
finding shall be filed with the rule. The agency shall take
reasonable and appropriate measures to make emergency rules
known to the persons who may be affected by them.
(c) An emergency rule may be effective for a period of not
longer than 150 days, but the agency's authority to adopt an
identical rule under Section 5-40 is not precluded. No
emergency rule may be adopted more than once in any 24-month
period, except that this limitation on the number of emergency

rules that may be adopted in a 24-month period does not apply
to (i) emergency rules that make additions to and deletions
from the Drug Manual under Section 5-5.16 of the Illinois
Public Aid Code or the generic drug formulary under Section
3.14 of the Illinois Food, Drug and Cosmetic Act, (ii)
emergency rules adopted by the Pollution Control Board before
July 1, 1997 to implement portions of the Livestock Management
Facilities Act, (iii) emergency rules adopted by the Illinois
Department of Public Health under subsections (a) through (i)
of Section 2 of the Department of Public Health Act when
necessary to protect the public's health, (iv) emergency rules
adopted pursuant to subsection (n) of this Section, (v)
emergency rules adopted pursuant to subsection (o) of this
Section, or (vi) emergency rules adopted pursuant to
subsection (c-5) of this Section. Two or more emergency rules
having substantially the same purpose and effect shall be
deemed to be a single rule for purposes of this Section.
(c-5) To facilitate the maintenance of the program of
group health benefits provided to annuitants, survivors, and
retired employees under the State Employees Group Insurance
Act of 1971, rules to alter the contributions to be paid by the
State, annuitants, survivors, retired employees, or any
combination of those entities, for that program of group
health benefits, shall be adopted as emergency rules. The
adoption of those rules shall be considered an emergency and
necessary for the public interest, safety, and welfare.

(d) In order to provide for the expeditious and timely
implementation of the State's fiscal year 1999 budget,
emergency rules to implement any provision of Public Act
90-587 or 90-588 or any other budget initiative for fiscal
year 1999 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (d). The adoption of emergency rules authorized by
this subsection (d) shall be deemed to be necessary for the
public interest, safety, and welfare.
(e) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2000 budget,
emergency rules to implement any provision of Public Act 91-24
or any other budget initiative for fiscal year 2000 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (e). The adoption of
emergency rules authorized by this subsection (e) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(f) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2001 budget,

emergency rules to implement any provision of Public Act
91-712 or any other budget initiative for fiscal year 2001 may
be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (f). The
adoption of emergency rules authorized by this subsection (f)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(g) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2002 budget,
emergency rules to implement any provision of Public Act 92-10
or any other budget initiative for fiscal year 2002 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (g). The adoption of
emergency rules authorized by this subsection (g) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(h) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2003 budget,
emergency rules to implement any provision of Public Act
92-597 or any other budget initiative for fiscal year 2003 may

be adopted in accordance with this Section by the agency
charged with administering that provision or initiative,
except that the 24-month limitation on the adoption of
emergency rules and the provisions of Sections 5-115 and 5-125
do not apply to rules adopted under this subsection (h). The
adoption of emergency rules authorized by this subsection (h)
shall be deemed to be necessary for the public interest,
safety, and welfare.
(i) In order to provide for the expeditious and timely
implementation of the State's fiscal year 2004 budget,
emergency rules to implement any provision of Public Act 93-20
or any other budget initiative for fiscal year 2004 may be
adopted in accordance with this Section by the agency charged
with administering that provision or initiative, except that
the 24-month limitation on the adoption of emergency rules and
the provisions of Sections 5-115 and 5-125 do not apply to
rules adopted under this subsection (i). The adoption of
emergency rules authorized by this subsection (i) shall be
deemed to be necessary for the public interest, safety, and
welfare.
(j) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2005 budget as provided under the Fiscal Year 2005 Budget
Implementation (Human Services) Act, emergency rules to
implement any provision of the Fiscal Year 2005 Budget
Implementation (Human Services) Act may be adopted in

accordance with this Section by the agency charged with
administering that provision, except that the 24-month
limitation on the adoption of emergency rules and the
provisions of Sections 5-115 and 5-125 do not apply to rules
adopted under this subsection (j). The Department of Public
Aid may also adopt rules under this subsection (j) necessary
to administer the Illinois Public Aid Code and the Children's
Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (j) shall be deemed to be
necessary for the public interest, safety, and welfare.
(k) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2006 budget, emergency rules to implement any provision of
Public Act 94-48 or any other budget initiative for fiscal
year 2006 may be adopted in accordance with this Section by the
agency charged with administering that provision or
initiative, except that the 24-month limitation on the
adoption of emergency rules and the provisions of Sections
5-115 and 5-125 do not apply to rules adopted under this
subsection (k). The Department of Healthcare and Family
Services may also adopt rules under this subsection (k)
necessary to administer the Illinois Public Aid Code, the
Senior Citizens and Persons with Disabilities Property Tax
Relief Act, the Senior Citizens and Disabled Persons
Prescription Drug Discount Program Act (now the Illinois
Prescription Drug Discount Program Act), and the Children's

Health Insurance Program Act. The adoption of emergency rules
authorized by this subsection (k) shall be deemed to be
necessary for the public interest, safety, and welfare.
(l) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2007 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2007, including
rules effective July 1, 2007, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social
Security Act. The adoption of emergency rules authorized by
this subsection (l) shall be deemed to be necessary for the
public interest, safety, and welfare.
(m) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2008 budget, the Department of Healthcare and Family Services
may adopt emergency rules during fiscal year 2008, including
rules effective July 1, 2008, in accordance with this
subsection to the extent necessary to administer the
Department's responsibilities with respect to amendments to
the State plans and Illinois waivers approved by the federal
Centers for Medicare and Medicaid Services necessitated by the
requirements of Title XIX and Title XXI of the federal Social

Security Act. The adoption of emergency rules authorized by
this subsection (m) shall be deemed to be necessary for the
public interest, safety, and welfare.
(n) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2010 budget, emergency rules to implement any provision of
Public Act 96-45 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2010 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (n) shall be
deemed to be necessary for the public interest, safety, and
welfare. The rulemaking authority granted in this subsection
(n) shall apply only to rules promulgated during Fiscal Year
2010.
(o) In order to provide for the expeditious and timely
implementation of the provisions of the State's fiscal year
2011 budget, emergency rules to implement any provision of
Public Act 96-958 or any other budget initiative authorized by
the 96th General Assembly for fiscal year 2011 may be adopted
in accordance with this Section by the agency charged with
administering that provision or initiative. The adoption of
emergency rules authorized by this subsection (o) is deemed to
be necessary for the public interest, safety, and welfare. The
rulemaking authority granted in this subsection (o) applies
only to rules promulgated on or after July 1, 2010 (the

effective date of Public Act 96-958) through June 30, 2011.
(p) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 97-689,
emergency rules to implement any provision of Public Act
97-689 may be adopted in accordance with this subsection (p)
by the agency charged with administering that provision or
initiative. The 150-day limitation of the effective period of
emergency rules does not apply to rules adopted under this
subsection (p), and the effective period may continue through
June 30, 2013. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (p). The adoption of emergency rules authorized by
this subsection (p) is deemed to be necessary for the public
interest, safety, and welfare.
(q) In order to provide for the expeditious and timely
implementation of the provisions of Articles 7, 8, 9, 11, and
12 of Public Act 98-104, emergency rules to implement any
provision of Articles 7, 8, 9, 11, and 12 of Public Act 98-104
may be adopted in accordance with this subsection (q) by the
agency charged with administering that provision or
initiative. The 24-month limitation on the adoption of
emergency rules does not apply to rules adopted under this
subsection (q). The adoption of emergency rules authorized by
this subsection (q) is deemed to be necessary for the public
interest, safety, and welfare.
(r) In order to provide for the expeditious and timely

implementation of the provisions of Public Act 98-651,
emergency rules to implement Public Act 98-651 may be adopted
in accordance with this subsection (r) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (r). The adoption of emergency rules
authorized by this subsection (r) is deemed to be necessary
for the public interest, safety, and welfare.
(s) In order to provide for the expeditious and timely
implementation of the provisions of Sections 5-5b.1 and 5A-2
of the Illinois Public Aid Code, emergency rules to implement
any provision of Section 5-5b.1 or Section 5A-2 of the
Illinois Public Aid Code may be adopted in accordance with
this subsection (s) by the Department of Healthcare and Family
Services. The rulemaking authority granted in this subsection
(s) shall apply only to those rules adopted prior to July 1,
2015. Notwithstanding any other provision of this Section, any
emergency rule adopted under this subsection (s) shall only
apply to payments made for State fiscal year 2015. The
adoption of emergency rules authorized by this subsection (s)
is deemed to be necessary for the public interest, safety, and
welfare.
(t) In order to provide for the expeditious and timely
implementation of the provisions of Article II of Public Act
99-6, emergency rules to implement the changes made by Article
II of Public Act 99-6 to the Emergency Telephone System Act may

be adopted in accordance with this subsection (t) by the
Department of State Police. The rulemaking authority granted
in this subsection (t) shall apply only to those rules adopted
prior to July 1, 2016. The 24-month limitation on the adoption
of emergency rules does not apply to rules adopted under this
subsection (t). The adoption of emergency rules authorized by
this subsection (t) is deemed to be necessary for the public
interest, safety, and welfare.
(u) In order to provide for the expeditious and timely
implementation of the provisions of the Burn Victims Relief
Act, emergency rules to implement any provision of the Act may
be adopted in accordance with this subsection (u) by the
Department of Insurance. The rulemaking authority granted in
this subsection (u) shall apply only to those rules adopted
prior to December 31, 2015. The adoption of emergency rules
authorized by this subsection (u) is deemed to be necessary
for the public interest, safety, and welfare.
(v) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-516,
emergency rules to implement Public Act 99-516 may be adopted
in accordance with this subsection (v) by the Department of
Healthcare and Family Services. The 24-month limitation on the
adoption of emergency rules does not apply to rules adopted
under this subsection (v). The adoption of emergency rules
authorized by this subsection (v) is deemed to be necessary
for the public interest, safety, and welfare.

(w) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-796,
emergency rules to implement the changes made by Public Act
99-796 may be adopted in accordance with this subsection (w)
by the Adjutant General. The adoption of emergency rules
authorized by this subsection (w) is deemed to be necessary
for the public interest, safety, and welfare.
(x) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 99-906,
emergency rules to implement subsection (i) of Section
16-115D, subsection (g) of Section 16-128A, and subsection (a)
of Section 16-128B of the Public Utilities Act may be adopted
in accordance with this subsection (x) by the Illinois
Commerce Commission. The rulemaking authority granted in this
subsection (x) shall apply only to those rules adopted within
180 days after June 1, 2017 (the effective date of Public Act
99-906). The adoption of emergency rules authorized by this
subsection (x) is deemed to be necessary for the public
interest, safety, and welfare.
(y) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-23,
emergency rules to implement the changes made by Public Act
100-23 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
Section 55-30 of the Alcoholism and Other Drug Abuse and
Dependency Act, and Sections 74 and 75 of the Mental Health and

Developmental Disabilities Administrative Act may be adopted
in accordance with this subsection (y) by the respective
Department. The adoption of emergency rules authorized by this
subsection (y) is deemed to be necessary for the public
interest, safety, and welfare.
(z) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-554,
emergency rules to implement the changes made by Public Act
100-554 to Section 4.7 of the Lobbyist Registration Act may be
adopted in accordance with this subsection (z) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (z) is deemed to be necessary for the public
interest, safety, and welfare.
(aa) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5, 5A,
12, and 14 of the Illinois Public Aid Code under the provisions
of Public Act 100-581, the Department of Healthcare and Family
Services may adopt emergency rules in accordance with this
subsection (aa). The 24-month limitation on the adoption of
emergency rules does not apply to rules to initially implement
the changes made to Articles 5, 5A, 12, and 14 of the Illinois
Public Aid Code adopted under this subsection (aa). The
adoption of emergency rules authorized by this subsection (aa)
is deemed to be necessary for the public interest, safety, and
welfare.
(bb) In order to provide for the expeditious and timely

implementation of the provisions of Public Act 100-587,
emergency rules to implement the changes made by Public Act
100-587 to Section 4.02 of the Illinois Act on the Aging,
Sections 5.5.4 and 5-5.4i of the Illinois Public Aid Code,
subsection (b) of Section 55-30 of the Alcoholism and Other
Drug Abuse and Dependency Act, Section 5-104 of the
Specialized Mental Health Rehabilitation Act of 2013, and
Section 75 and subsection (b) of Section 74 of the Mental
Health and Developmental Disabilities Administrative Act may
be adopted in accordance with this subsection (bb) by the
respective Department. The adoption of emergency rules
authorized by this subsection (bb) is deemed to be necessary
for the public interest, safety, and welfare.
(cc) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-587,
emergency rules may be adopted in accordance with this
subsection (cc) to implement the changes made by Public Act
100-587 to: Sections 14-147.5 and 14-147.6 of the Illinois
Pension Code by the Board created under Article 14 of the Code;
Sections 15-185.5 and 15-185.6 of the Illinois Pension Code by
the Board created under Article 15 of the Code; and Sections
16-190.5 and 16-190.6 of the Illinois Pension Code by the
Board created under Article 16 of the Code. The adoption of
emergency rules authorized by this subsection (cc) is deemed
to be necessary for the public interest, safety, and welfare.
(dd) In order to provide for the expeditious and timely

implementation of the provisions of Public Act 100-864,
emergency rules to implement the changes made by Public Act
100-864 to Section 3.35 of the Newborn Metabolic Screening Act
may be adopted in accordance with this subsection (dd) by the
Secretary of State. The adoption of emergency rules authorized
by this subsection (dd) is deemed to be necessary for the
public interest, safety, and welfare.
(ee) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 100-1172,
emergency rules implementing the Illinois Underground Natural
Gas Storage Safety Act may be adopted in accordance with this
subsection by the Department of Natural Resources. The
adoption of emergency rules authorized by this subsection is
deemed to be necessary for the public interest, safety, and
welfare.
(ff) In order to provide for the expeditious and timely
initial implementation of the changes made to Articles 5A and
14 of the Illinois Public Aid Code under the provisions of
Public Act 100-1181, the Department of Healthcare and Family
Services may on a one-time-only basis adopt emergency rules in
accordance with this subsection (ff). The 24-month limitation
on the adoption of emergency rules does not apply to rules to
initially implement the changes made to Articles 5A and 14 of
the Illinois Public Aid Code adopted under this subsection
(ff). The adoption of emergency rules authorized by this
subsection (ff) is deemed to be necessary for the public

interest, safety, and welfare.
(gg) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-1,
emergency rules may be adopted by the Department of Labor in
accordance with this subsection (gg) to implement the changes
made by Public Act 101-1 to the Minimum Wage Law. The adoption
of emergency rules authorized by this subsection (gg) is
deemed to be necessary for the public interest, safety, and
welfare.
(hh) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules may be adopted in accordance with this
subsection (hh) to implement the changes made by Public Act
101-10 to subsection (j) of Section 5-5.2 of the Illinois
Public Aid Code. The adoption of emergency rules authorized by
this subsection (hh) is deemed to be necessary for the public
interest, safety, and welfare.
(ii) In order to provide for the expeditious and timely
implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Sections 5-5.4 and 5-5.4i of the Illinois Public Aid
Code may be adopted in accordance with this subsection (ii) by
the Department of Public Health. The adoption of emergency
rules authorized by this subsection (ii) is deemed to be
necessary for the public interest, safety, and welfare.
(jj) In order to provide for the expeditious and timely

implementation of the provisions of Public Act 101-10,
emergency rules to implement the changes made by Public Act
101-10 to Section 74 of the Mental Health and Developmental
Disabilities Administrative Act may be adopted in accordance
with this subsection (jj) by the Department of Human Services.
The adoption of emergency rules authorized by this subsection
(jj) is deemed to be necessary for the public interest,
safety, and welfare.
(kk) In order to provide for the expeditious and timely
implementation of the Cannabis Regulation and Tax Act, Public
Act 101-27, and Public Act 102-98 this amendatory Act of the
102nd General Assembly, the Department of Revenue, the
Department of Public Health, the Department of Agriculture,
the Department of State Police, and the Department of
Financial and Professional Regulation may adopt emergency
rules in accordance with this subsection (kk). The rulemaking
authority granted in this subsection (kk) shall apply only to
rules adopted before December 31, 2021. Notwithstanding the
provisions of subsection (c), emergency rules adopted under
this subsection (kk) shall be effective for 180 days. The
adoption of emergency rules authorized by this subsection (kk)
is deemed to be necessary for the public interest, safety, and
welfare.
(ll) In order to provide for the expeditious and timely
implementation of the provisions of the Leveling the Playing
Field for Illinois Retail Act, emergency rules may be adopted

in accordance with this subsection (ll) to implement the
changes made by the Leveling the Playing Field for Illinois
Retail Act. The adoption of emergency rules authorized by this
subsection (ll) is deemed to be necessary for the public
interest, safety, and welfare.
(mm) In order to provide for the expeditious and timely
implementation of the provisions of Section 25-70 of the
Sports Wagering Act, emergency rules to implement Section
25-70 of the Sports Wagering Act may be adopted in accordance
with this subsection (mm) by the Department of the Lottery as
provided in the Sports Wagering Act. The adoption of emergency
rules authorized by this subsection (mm) is deemed to be
necessary for the public interest, safety, and welfare.
(nn) In order to provide for the expeditious and timely
implementation of the Sports Wagering Act, emergency rules to
implement the Sports Wagering Act may be adopted in accordance
with this subsection (nn) by the Illinois Gaming Board. The
adoption of emergency rules authorized by this subsection (nn)
is deemed to be necessary for the public interest, safety, and
welfare.
(oo) In order to provide for the expeditious and timely
implementation of the provisions of subsection (c) of Section
20 of the Video Gaming Act, emergency rules to implement the
provisions of subsection (c) of Section 20 of the Video Gaming
Act may be adopted in accordance with this subsection (oo) by
the Illinois Gaming Board. The adoption of emergency rules

authorized by this subsection (oo) is deemed to be necessary
for the public interest, safety, and welfare.
(pp) In order to provide for the expeditious and timely
implementation of the provisions of Section 50 of the Sexual
Assault Evidence Submission Act, emergency rules to implement
Section 50 of the Sexual Assault Evidence Submission Act may
be adopted in accordance with this subsection (pp) by the
Department of State Police. The adoption of emergency rules
authorized by this subsection (pp) is deemed to be necessary
for the public interest, safety, and welfare.
(qq) In order to provide for the expeditious and timely
implementation of the provisions of the Illinois Works Jobs
Program Act, emergency rules may be adopted in accordance with
this subsection (qq) to implement the Illinois Works Jobs
Program Act. The adoption of emergency rules authorized by
this subsection (qq) is deemed to be necessary for the public
interest, safety, and welfare.
(rr) In order to provide for the expeditious and timely
implementation of the provisions of subsection (c) of Section
2-3.130 of the School Code, emergency rules to implement
subsection (c) of Section 2-3.130 of the School Code may be
adopted in accordance with this subsection (rr) by the State
Board of Education. The adoption of emergency rules authorized
by this subsection (rr) is deemed to be necessary for the
public interest, safety, and welfare.
(Source: P.A. 101-1, eff. 2-19-19; 101-10, Article 20, Section

20-5, eff. 6-5-19; 101-10, Article 35, Section 35-5, eff.
6-5-19; 101-27, eff. 6-25-19; 101-31, Article 15, Section
15-5, eff. 6-28-19; 101-31, Article 25, Section 25-900, eff.
6-28-19; 101-31, Article 35, Section 35-3, eff. 6-28-19;
101-377, eff. 8-16-19; 101-601, eff. 12-10-19; 102-98, eff.
7-15-21; 102-339, eff. 8-13-21; revised 10-6-21.)
(5 ILCS 100/5-45.8)
(Section scheduled to be repealed on June 17, 2022)
Sec. 5-45.8. Emergency rulemaking; federal American Rescue
Plan Act of 2021. To provide for the expeditious and timely
implementation of the distribution of federal Coronavirus
Local Fiscal Recovery Fund moneys to eligible units of local
government in accordance with the Section 9901 of the federal
American Rescue Plan Act of 2021, emergency rules may be
adopted by any State agency authorized thereunder to so
implement the distribution. The adoption of emergency rules
authorized by Section 5-45 and this Section is deemed to be
necessary for the public interest, safety, and welfare.
This Section is repealed June 17, 2022 (one year after the
effective date of Public Act 102-16) this amendatory Act of
the 102nd General Assembly.
(Source: P.A. 102-16, eff. 6-17-21; revised 10-22-21.)
(5 ILCS 100/5-45.9)
(Section scheduled to be repealed on June 17, 2022)

Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid
Code. To provide for the expeditious and timely implementation
of the changes made to Articles 5 and 12 of the Illinois Public
Aid Code by Public Act 102-16 this amendatory Act of the 102nd
General Assembly, emergency rules implementing the changes
made to Articles 5 and 12 of the Illinois Public Aid Code by
Public Act 102-16 this amendatory Act of the 102nd General
Assembly may be adopted in accordance with Section 5-45 by the
Department of Healthcare and Family Services or other
department essential to the implementation of the changes. The
adoption of emergency rules authorized by Section 5-45 and
this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed June 17, 2022 (one year after the
effective date of Public Act 102-16) this amendatory Act of
the 102nd General Assembly.
(Source: P.A. 102-16, eff. 6-17-21; revised 10-25-21.)
(5 ILCS 100/5-45.15)
Sec. 5-45.15 5-45.8. (Repealed).
(Source: P.A. 102-39, eff. 6-25-21; revised 1-5-22. Repealed
internally, eff. 1-1-22.)
(5 ILCS 100/5-45.16)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-45.16 5-45.8. Emergency rulemaking; Medicaid

eligibility expansion. To provide for the expeditious and
timely implementation of the changes made to paragraph 6 of
Section 5-2 of the Illinois Public Aid Code by Public Act
102-43 this amendatory Act of the 102nd General Assembly,
emergency rules implementing the changes made to paragraph 6
of Section 5-2 of the Illinois Public Aid Code by Public Act
102-43 this amendatory Act of the 102nd General Assembly may
be adopted in accordance with Section 5-45 by the Department
of Healthcare and Family Services. The adoption of emergency
rules authorized by Section 5-45 and this Section is deemed to
be necessary for the public interest, safety, and welfare.
This Section is repealed on January 1, 2027.
(Source: P.A. 102-43, eff. 7-6-21; revised 10-22-21.)
(5 ILCS 100/5-45.17)
Sec. 5-45.17 5-45.8. (Repealed).
(Source: P.A. 102-104, eff. 7-22-21; revised 1-5-22. Repealed
internally, eff. 1-1-22.)
(5 ILCS 100/5-45.18)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-45.18 5-45.8. Emergency rulemaking; Nursing Home
Care Act. To provide for the expeditious and timely
implementation of Public Act 102-640 this amendatory Act of
the 102nd General Assembly, emergency rules implementing
Section 3-102.3 of the Nursing Home Care Act may be adopted in

accordance with Section 5-45 by the Department of Public
Health. The adoption of emergency rules authorized by Section
5-45 and this Section is deemed to be necessary for the public
interest, safety, and welfare.
This Section is repealed on January 1, 2027.
(Source: P.A. 102-640, eff. 8-27-21; revised 10-22-21.)
(5 ILCS 100/5-45.19)
(Section scheduled to be repealed on September 15, 2022)
Sec. 5-45.19 5-45.9. Emergency rulemaking; Multi-Year
Integrated Grid Plans. To provide for the expeditious and
timely implementation of Section 16-105.17 of the Public
Utilities Act, emergency rules implementing Section 16-105.17
of the Public Utilities Act may be adopted in accordance with
Section 5-45 by the Illinois Commerce Commission. The adoption
of emergency rules authorized by Section 5-45 and this Section
is deemed to be necessary for the public interest, safety, and
welfare.
This Section is repealed September 15, 2022 (one year
after the effective date of Public Act 102-662) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-25-21.)
Section 15. The Open Meetings Act is amended by changing
Section 2 as follows:

(5 ILCS 120/2) (from Ch. 102, par. 42)
Sec. 2. Open meetings.
(a) Openness required. All meetings of public bodies shall
be open to the public unless excepted in subsection (c) and
closed in accordance with Section 2a.
(b) Construction of exceptions. The exceptions contained
in subsection (c) are in derogation of the requirement that
public bodies meet in the open, and therefore, the exceptions
are to be strictly construed, extending only to subjects
clearly within their scope. The exceptions authorize but do
not require the holding of a closed meeting to discuss a
subject included within an enumerated exception.
(c) Exceptions. A public body may hold closed meetings to
consider the following subjects:
(1) The appointment, employment, compensation,
discipline, performance, or dismissal of specific
employees, specific individuals who serve as independent
contractors in a park, recreational, or educational
setting, or specific volunteers of the public body or
legal counsel for the public body, including hearing
testimony on a complaint lodged against an employee, a
specific individual who serves as an independent
contractor in a park, recreational, or educational
setting, or a volunteer of the public body or against
legal counsel for the public body to determine its
validity. However, a meeting to consider an increase in

compensation to a specific employee of a public body that
is subject to the Local Government Wage Increase
Transparency Act may not be closed and shall be open to the
public and posted and held in accordance with this Act.
(2) Collective negotiating matters between the public
body and its employees or their representatives, or
deliberations concerning salary schedules for one or more
classes of employees.
(3) The selection of a person to fill a public office,
as defined in this Act, including a vacancy in a public
office, when the public body is given power to appoint
under law or ordinance, or the discipline, performance or
removal of the occupant of a public office, when the
public body is given power to remove the occupant under
law or ordinance.
(4) Evidence or testimony presented in open hearing,
or in closed hearing where specifically authorized by law,
to a quasi-adjudicative body, as defined in this Act,
provided that the body prepares and makes available for
public inspection a written decision setting forth its
determinative reasoning.
(5) The purchase or lease of real property for the use
of the public body, including meetings held for the
purpose of discussing whether a particular parcel should
be acquired.
(6) The setting of a price for sale or lease of

property owned by the public body.
(7) The sale or purchase of securities, investments,
or investment contracts. This exception shall not apply to
the investment of assets or income of funds deposited into
the Illinois Prepaid Tuition Trust Fund.
(8) Security procedures, school building safety and
security, and the use of personnel and equipment to
respond to an actual, a threatened, or a reasonably
potential danger to the safety of employees, students,
staff, the public, or public property.
(9) Student disciplinary cases.
(10) The placement of individual students in special
education programs and other matters relating to
individual students.
(11) Litigation, when an action against, affecting or
on behalf of the particular public body has been filed and
is pending before a court or administrative tribunal, or
when the public body finds that an action is probable or
imminent, in which case the basis for the finding shall be
recorded and entered into the minutes of the closed
meeting.
(12) The establishment of reserves or settlement of
claims as provided in the Local Governmental and
Governmental Employees Tort Immunity Act, if otherwise the
disposition of a claim or potential claim might be
prejudiced, or the review or discussion of claims, loss or

risk management information, records, data, advice or
communications from or with respect to any insurer of the
public body or any intergovernmental risk management
association or self insurance pool of which the public
body is a member.
(13) Conciliation of complaints of discrimination in
the sale or rental of housing, when closed meetings are
authorized by the law or ordinance prescribing fair
housing practices and creating a commission or
administrative agency for their enforcement.
(14) Informant sources, the hiring or assignment of
undercover personnel or equipment, or ongoing, prior or
future criminal investigations, when discussed by a public
body with criminal investigatory responsibilities.
(15) Professional ethics or performance when
considered by an advisory body appointed to advise a
licensing or regulatory agency on matters germane to the
advisory body's field of competence.
(16) Self evaluation, practices and procedures or
professional ethics, when meeting with a representative of
a statewide association of which the public body is a
member.
(17) The recruitment, credentialing, discipline or
formal peer review of physicians or other health care
professionals, or for the discussion of matters protected
under the federal Patient Safety and Quality Improvement

Act of 2005, and the regulations promulgated thereunder,
including 42 C.F.R. Part 3 (73 FR 70732), or the federal
Health Insurance Portability and Accountability Act of
1996, and the regulations promulgated thereunder,
including 45 C.F.R. Parts 160, 162, and 164, by a
hospital, or other institution providing medical care,
that is operated by the public body.
(18) Deliberations for decisions of the Prisoner
Review Board.
(19) Review or discussion of applications received
under the Experimental Organ Transplantation Procedures
Act.
(20) The classification and discussion of matters
classified as confidential or continued confidential by
the State Government Suggestion Award Board.
(21) Discussion of minutes of meetings lawfully closed
under this Act, whether for purposes of approval by the
body of the minutes or semi-annual review of the minutes
as mandated by Section 2.06.
(22) Deliberations for decisions of the State
Emergency Medical Services Disciplinary Review Board.
(23) The operation by a municipality of a municipal
utility or the operation of a municipal power agency or
municipal natural gas agency when the discussion involves
(i) contracts relating to the purchase, sale, or delivery
of electricity or natural gas or (ii) the results or

conclusions of load forecast studies.
(24) Meetings of a residential health care facility
resident sexual assault and death review team or the
Executive Council under the Abuse Prevention Review Team
Act.
(25) Meetings of an independent team of experts under
Brian's Law.
(26) Meetings of a mortality review team appointed
under the Department of Juvenile Justice Mortality Review
Team Act.
(27) (Blank).
(28) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(29) Meetings between internal or external auditors
and governmental audit committees, finance committees, and
their equivalents, when the discussion involves internal
control weaknesses, identification of potential fraud risk
areas, known or suspected frauds, and fraud interviews
conducted in accordance with generally accepted auditing
standards of the United States of America.
(30) Those meetings or portions of meetings of a
fatality review team or the Illinois Fatality Review Team
Advisory Council during which a review of the death of an
eligible adult in which abuse or neglect is suspected,

alleged, or substantiated is conducted pursuant to Section
15 of the Adult Protective Services Act.
(31) Meetings and deliberations for decisions of the
Concealed Carry Licensing Review Board under the Firearm
Concealed Carry Act.
(32) Meetings between the Regional Transportation
Authority Board and its Service Boards when the discussion
involves review by the Regional Transportation Authority
Board of employment contracts under Section 28d of the
Metropolitan Transit Authority Act and Sections 3A.18 and
3B.26 of the Regional Transportation Authority Act.
(33) Those meetings or portions of meetings of the
advisory committee and peer review subcommittee created
under Section 320 of the Illinois Controlled Substances
Act during which specific controlled substance prescriber,
dispenser, or patient information is discussed.
(34) Meetings of the Tax Increment Financing Reform
Task Force under Section 2505-800 of the Department of
Revenue Law of the Civil Administrative Code of Illinois.
(35) Meetings of the group established to discuss
Medicaid capitation rates under Section 5-30.8 of the
Illinois Public Aid Code.
(36) Those deliberations or portions of deliberations
for decisions of the Illinois Gaming Board in which there
is discussed any of the following: (i) personal,
commercial, financial, or other information obtained from

any source that is privileged, proprietary, confidential,
or a trade secret; or (ii) information specifically
exempted from the disclosure by federal or State law.
(37) Deliberations for decisions of the Illinois Law
Enforcement Training Standards Board, the Certification
Review Panel, and the Illinois State Police Merit Board
regarding certification and decertification.
(38) Meetings of the Ad Hoc Statewide Domestic
Violence Fatality Review Committee of the Illinois
Criminal Justice Information Authority Board that occur in
closed executive session under subsection (d) of Section
35 of the Domestic Violence Fatality Review Act.
(39) Meetings of the regional review teams under
subsection (a) of Section 75 of the Domestic Violence
Fatality Review Act.
(40) (38) Meetings of the Firearm Owner's
Identification Card Review Board under Section 10 of the
Firearm Owners Identification Card Act.
(d) Definitions. For purposes of this Section:
"Employee" means a person employed by a public body whose
relationship with the public body constitutes an
employer-employee relationship under the usual common law
rules, and who is not an independent contractor.
"Public office" means a position created by or under the
Constitution or laws of this State, the occupant of which is
charged with the exercise of some portion of the sovereign

power of this State. The term "public office" shall include
members of the public body, but it shall not include
organizational positions filled by members thereof, whether
established by law or by a public body itself, that exist to
assist the body in the conduct of its business.
"Quasi-adjudicative body" means an administrative body
charged by law or ordinance with the responsibility to conduct
hearings, receive evidence or testimony and make
determinations based thereon, but does not include local
electoral boards when such bodies are considering petition
challenges.
(e) Final action. No final action may be taken at a closed
meeting. Final action shall be preceded by a public recital of
the nature of the matter being considered and other
information that will inform the public of the business being
conducted.
(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
8-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
Section 20. The Freedom of Information Act is amended by
changing Section 7.5 as follows:
(5 ILCS 140/7.5)
Sec. 7.5. Statutory exemptions. To the extent provided for
by the statutes referenced below, the following shall be

exempt from inspection and copying:
(a) All information determined to be confidential
under Section 4002 of the Technology Advancement and
Development Act.
(b) Library circulation and order records identifying
library users with specific materials under the Library
Records Confidentiality Act.
(c) Applications, related documents, and medical
records received by the Experimental Organ Transplantation
Procedures Board and any and all documents or other
records prepared by the Experimental Organ Transplantation
Procedures Board or its staff relating to applications it
has received.
(d) Information and records held by the Department of
Public Health and its authorized representatives relating
to known or suspected cases of sexually transmissible
disease or any information the disclosure of which is
restricted under the Illinois Sexually Transmissible
Disease Control Act.
(e) Information the disclosure of which is exempted
under Section 30 of the Radon Industry Licensing Act.
(f) Firm performance evaluations under Section 55 of
the Architectural, Engineering, and Land Surveying
Qualifications Based Selection Act.
(g) Information the disclosure of which is restricted
and exempted under Section 50 of the Illinois Prepaid

Tuition Act.
(h) Information the disclosure of which is exempted
under the State Officials and Employees Ethics Act, and
records of any lawfully created State or local inspector
general's office that would be exempt if created or
obtained by an Executive Inspector General's office under
that Act.
(i) Information contained in a local emergency energy
plan submitted to a municipality in accordance with a
local emergency energy plan ordinance that is adopted
under Section 11-21.5-5 of the Illinois Municipal Code.
(j) Information and data concerning the distribution
of surcharge moneys collected and remitted by carriers
under the Emergency Telephone System Act.
(k) Law enforcement officer identification information
or driver identification information compiled by a law
enforcement agency or the Department of Transportation
under Section 11-212 of the Illinois Vehicle Code.
(l) Records and information provided to a residential
health care facility resident sexual assault and death
review team or the Executive Council under the Abuse
Prevention Review Team Act.
(m) Information provided to the predatory lending
database created pursuant to Article 3 of the Residential
Real Property Disclosure Act, except to the extent
authorized under that Article.

(n) Defense budgets and petitions for certification of
compensation and expenses for court appointed trial
counsel as provided under Sections 10 and 15 of the
Capital Crimes Litigation Act. This subsection (n) shall
apply until the conclusion of the trial of the case, even
if the prosecution chooses not to pursue the death penalty
prior to trial or sentencing.
(o) Information that is prohibited from being
disclosed under Section 4 of the Illinois Health and
Hazardous Substances Registry Act.
(p) Security portions of system safety program plans,
investigation reports, surveys, schedules, lists, data, or
information compiled, collected, or prepared by or for the
Department of Transportation under Sections 2705-300 and
2705-616 of the Department of Transportation Law of the
Civil Administrative Code of Illinois, the Regional
Transportation Authority under Section 2.11 of the
Regional Transportation Authority Act, or the St. Clair
County Transit District under the Bi-State Transit Safety
Act.
(q) Information prohibited from being disclosed by the
Personnel Record Review Act.
(r) Information prohibited from being disclosed by the
Illinois School Student Records Act.
(s) Information the disclosure of which is restricted
under Section 5-108 of the Public Utilities Act.

(t) All identified or deidentified health information
in the form of health data or medical records contained
in, stored in, submitted to, transferred by, or released
from the Illinois Health Information Exchange, and
identified or deidentified health information in the form
of health data and medical records of the Illinois Health
Information Exchange in the possession of the Illinois
Health Information Exchange Office due to its
administration of the Illinois Health Information
Exchange. The terms "identified" and "deidentified" shall
be given the same meaning as in the Health Insurance
Portability and Accountability Act of 1996, Public Law
104-191, or any subsequent amendments thereto, and any
regulations promulgated thereunder.
(u) Records and information provided to an independent
team of experts under the Developmental Disability and
Mental Health Safety Act (also known as Brian's Law).
(v) Names and information of people who have applied
for or received Firearm Owner's Identification Cards under
the Firearm Owners Identification Card Act or applied for
or received a concealed carry license under the Firearm
Concealed Carry Act, unless otherwise authorized by the
Firearm Concealed Carry Act; and databases under the
Firearm Concealed Carry Act, records of the Concealed
Carry Licensing Review Board under the Firearm Concealed
Carry Act, and law enforcement agency objections under the

Firearm Concealed Carry Act.
(v-5) Records of the Firearm Owner's Identification
Card Review Board that are exempted from disclosure under
Section 10 of the Firearm Owners Identification Card Act.
(w) Personally identifiable information which is
exempted from disclosure under subsection (g) of Section
19.1 of the Toll Highway Act.
(x) Information which is exempted from disclosure
under Section 5-1014.3 of the Counties Code or Section
8-11-21 of the Illinois Municipal Code.
(y) Confidential information under the Adult
Protective Services Act and its predecessor enabling
statute, the Elder Abuse and Neglect Act, including
information about the identity and administrative finding
against any caregiver of a verified and substantiated
decision of abuse, neglect, or financial exploitation of
an eligible adult maintained in the Registry established
under Section 7.5 of the Adult Protective Services Act.
(z) Records and information provided to a fatality
review team or the Illinois Fatality Review Team Advisory
Council under Section 15 of the Adult Protective Services
Act.
(aa) Information which is exempted from disclosure
under Section 2.37 of the Wildlife Code.
(bb) Information which is or was prohibited from
disclosure by the Juvenile Court Act of 1987.

(cc) Recordings made under the Law Enforcement
Officer-Worn Body Camera Act, except to the extent
authorized under that Act.
(dd) Information that is prohibited from being
disclosed under Section 45 of the Condominium and Common
Interest Community Ombudsperson Act.
(ee) Information that is exempted from disclosure
under Section 30.1 of the Pharmacy Practice Act.
(ff) Information that is exempted from disclosure
under the Revised Uniform Unclaimed Property Act.
(gg) Information that is prohibited from being
disclosed under Section 7-603.5 of the Illinois Vehicle
Code.
(hh) Records that are exempt from disclosure under
Section 1A-16.7 of the Election Code.
(ii) Information which is exempted from disclosure
under Section 2505-800 of the Department of Revenue Law of
the Civil Administrative Code of Illinois.
(jj) Information and reports that are required to be
submitted to the Department of Labor by registering day
and temporary labor service agencies but are exempt from
disclosure under subsection (a-1) of Section 45 of the Day
and Temporary Labor Services Act.
(kk) Information prohibited from disclosure under the
Seizure and Forfeiture Reporting Act.
(ll) Information the disclosure of which is restricted

and exempted under Section 5-30.8 of the Illinois Public
Aid Code.
(mm) Records that are exempt from disclosure under
Section 4.2 of the Crime Victims Compensation Act.
(nn) Information that is exempt from disclosure under
Section 70 of the Higher Education Student Assistance Act.
(oo) Communications, notes, records, and reports
arising out of a peer support counseling session
prohibited from disclosure under the First Responders
Suicide Prevention Act.
(pp) Names and all identifying information relating to
an employee of an emergency services provider or law
enforcement agency under the First Responders Suicide
Prevention Act.
(qq) Information and records held by the Department of
Public Health and its authorized representatives collected
under the Reproductive Health Act.
(rr) Information that is exempt from disclosure under
the Cannabis Regulation and Tax Act.
(ss) Data reported by an employer to the Department of
Human Rights pursuant to Section 2-108 of the Illinois
Human Rights Act.
(tt) Recordings made under the Children's Advocacy
Center Act, except to the extent authorized under that
Act.
(uu) Information that is exempt from disclosure under

Section 50 of the Sexual Assault Evidence Submission Act.
(vv) Information that is exempt from disclosure under
subsections (f) and (j) of Section 5-36 of the Illinois
Public Aid Code.
(ww) Information that is exempt from disclosure under
Section 16.8 of the State Treasurer Act.
(xx) Information that is exempt from disclosure or
information that shall not be made public under the
Illinois Insurance Code.
(yy) Information prohibited from being disclosed under
the Illinois Educational Labor Relations Act.
(zz) Information prohibited from being disclosed under
the Illinois Public Labor Relations Act.
(aaa) Information prohibited from being disclosed
under Section 1-167 of the Illinois Pension Code.
(bbb) (ccc) Information that is prohibited from
disclosure by the Illinois Police Training Act and the
Illinois State Police Act.
(ccc) (ddd) Records exempt from disclosure under
Section 2605-304 of the Illinois Department of State
Police Law of the Civil Administrative Code of Illinois.
(ddd) (bbb) Information prohibited from being
disclosed under Section 35 of the Address Confidentiality
for Victims of Domestic Violence, Sexual Assault, Human
Trafficking, or Stalking Act.
(eee) (ddd) Information prohibited from being

disclosed under subsection (b) of Section 75 of the
Domestic Violence Fatality Review Act.
(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
102-559, eff. 8-20-21; revised 10-5-21.)
Section 25. The Illinois Public Labor Relations Act is
amended by changing Sections 3, 9, and 10 as follows:
(5 ILCS 315/3) (from Ch. 48, par. 1603)
Sec. 3. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Board" means the Illinois Labor Relations Board or,
with respect to a matter over which the jurisdiction of the
Board is assigned to the State Panel or the Local Panel under
Section 5, the panel having jurisdiction over the matter.
(b) "Collective bargaining" means bargaining over terms
and conditions of employment, including hours, wages, and
other conditions of employment, as detailed in Section 7 and
which are not excluded by Section 4.
(c) "Confidential employee" means an employee who, in the

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

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

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

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

of the State of Illinois, and includes, but is not limited to,
the House of Representatives, the Senate, the Speaker of the
House of Representatives, the Minority Leader of the House of
Representatives, the President of the Senate, the Minority
Leader of the Senate, the Joint Committee on Legislative
Support Services, and any legislative support services agency
listed in the Legislative Commission Reorganization Act of
1984.
(h) "Governing body" means, in the case of the State, the
State Panel of the Illinois Labor Relations Board, the
Director of the Department of Central Management Services, and
the Director of the Department of Labor; the county board in
the case of a county; the corporate authorities in the case of
a municipality; and the appropriate body authorized to provide
for expenditures of its funds in the case of any other unit of
government.
(i) "Labor organization" means any organization in which
public employees participate and that exists for the purpose,
in whole or in part, of dealing with a public employer
concerning wages, hours, and other terms and conditions of
employment, including the settlement of grievances.
(i-5) "Legislative liaison" means a person who is an
employee of a State agency, the Attorney General, the
Secretary of State, the Comptroller, or the Treasurer, as the
case may be, and whose job duties require the person to
regularly communicate in the course of his or her employment

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

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

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

Act, (iii) as of January 1, 2006 (the effective date of Public
Act 94-320) this amendatory Act of the 94th General Assembly,
but not before, child and day care home providers
participating in the child care assistance program under
Section 9A-11 of the Illinois Public Aid Code, subject to the
limitations set forth in this Act and in Section 9A-11 of the
Illinois Public Aid Code, (iv) as of January 29, 2013 (the
effective date of Public Act 97-1158), but not before except
as otherwise provided in this subsection (n), home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, no matter
whether the State provides those services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, (v)
beginning on July 19, 2013 (the effective date of Public Act
98-100) this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any person
employed by a public employer and who is classified as or who
holds the employment title of Chief Stationary Engineer,
Assistant Chief Stationary Engineer, Sewage Plant Operator,
Water Plant Operator, Stationary Engineer, Plant Operating
Engineer, and any other employee who holds the position of:
Civil Engineer V, Civil Engineer VI, Civil Engineer VII,
Technical Manager I, Technical Manager II, Technical Manager

III, Technical Manager IV, Technical Manager V, Technical
Manager VI, Realty Specialist III, Realty Specialist IV,
Realty Specialist V, Technical Advisor I, Technical Advisor
II, Technical Advisor III, Technical Advisor IV, or Technical
Advisor V employed by the Department of Transportation who is
in a position which is certified in a bargaining unit on or
before July 19, 2013 (the effective date of Public Act 98-100)
this amendatory Act of the 98th General Assembly, and (vi)
beginning on July 19, 2013 (the effective date of Public Act
98-100) this amendatory Act of the 98th General Assembly and
notwithstanding any other provision of this Act, any mental
health administrator in the Department of Corrections who is
classified as or who holds the position of Public Service
Administrator (Option 8K), any employee of the Office of the
Inspector General in the Department of Human Services who is
classified as or who holds the position of Public Service
Administrator (Option 7), any Deputy of Intelligence in the
Department of Corrections who is classified as or who holds
the position of Public Service Administrator (Option 7), and
any employee of the Illinois State Police who handles issues
concerning the Illinois State Police Sex Offender Registry and
who is classified as or holds the position of Public Service
Administrator (Option 7), but excluding all of the following:
employees of the General Assembly of the State of Illinois;
elected officials; executive heads of a department; members of
boards or commissions; the Executive Inspectors General; any

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

under the Comptroller Merit Employment Code; a person who is a
State employee under the jurisdiction of the Secretary of
State who holds the position classification of Executive I or
higher, whose position authorizes, either directly or
indirectly, meaningful input into government decision-making
on issues where there is room for principled disagreement on
goals or their implementation, or who is otherwise exempt
under the Secretary of State Merit Employment Code; employees
in the Office of the Secretary of State who are completely
exempt from jurisdiction B of the Secretary of State Merit
Employment Code and who are in Rutan-exempt positions on or
after April 5, 2013 (the effective date of Public Act
97-1172); a person who is a State employee under the
jurisdiction of the Treasurer who holds a position that is
exempt from the State Treasurer Employment Code; any employee
of a State agency who (i) holds the title or position of, or
exercises substantially similar duties as a legislative
liaison, Agency General Counsel, Agency Chief of Staff, Agency
Executive Director, Agency Deputy Director, Agency Chief
Fiscal Officer, Agency Human Resources Director, Public
Information Officer, or Chief Information Officer and (ii) was
neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any employee
of a State agency who (i) is in a position that is
Rutan-exempt, as designated by the employer, and completely
exempt from jurisdiction B of the Personnel Code and (ii) was

neither included in a bargaining unit nor subject to an active
petition for certification in a bargaining unit; any term
appointed employee of a State agency pursuant to Section 8b.18
or 8b.19 of the Personnel Code who was neither included in a
bargaining unit nor subject to an active petition for
certification in a bargaining unit; any employment position
properly designated pursuant to Section 6.1 of this Act;
confidential employees; independent contractors; and
supervisors except as provided in this Act.
Home care and home health workers who function as personal
assistants and individual maintenance home health workers and
who also work under the Home Services Program under Section 3
of the Rehabilitation of Persons with Disabilities Act shall
not be considered public employees for any purposes not
specifically provided for in Public Act 93-204 or Public Act
97-1158, including, but not limited to, purposes of vicarious
liability in tort and purposes of statutory retirement or
health insurance benefits. Home care and home health workers
who function as personal assistants and individual maintenance
home health workers and who also work under the Home Services
Program under Section 3 of the Rehabilitation of Persons with
Disabilities Act shall not be covered by the State Employees
Group Insurance Act of 1971.
Child and day care home providers shall not be considered
public employees for any purposes not specifically provided
for in Public Act 94-320 this amendatory Act of the 94th

General Assembly, including, but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Child and day care
home providers shall not be covered by the State Employees
Group Insurance Act of 1971.
Notwithstanding Section 9, subsection (c), or any other
provisions of this Act, all peace officers above the rank of
captain in municipalities with more than 1,000,000 inhabitants
shall be excluded from this Act.
(o) Except as otherwise in subsection (o-5), "public
employer" or "employer" means the State of Illinois; any
political subdivision of the State, unit of local government
or school district; authorities including departments,
divisions, bureaus, boards, commissions, or other agencies of
the foregoing entities; and any person acting within the scope
of his or her authority, express or implied, on behalf of those
entities in dealing with its employees. As of July 16, 2003
(the effective date of Public Act 93-204) the amendatory Act
of the 93rd General Assembly, but not before, the State of
Illinois shall be considered the employer of the personal
assistants working under the Home Services Program under
Section 3 of the Rehabilitation of Persons with Disabilities
Act, subject to the limitations set forth in this Act and in
the Rehabilitation of Persons with Disabilities Act. As of
January 29, 2013 (the effective date of Public Act 97-1158),
but not before except as otherwise provided in this subsection

(o), the State shall be considered the employer of home care
and home health workers who function as personal assistants
and individual maintenance home health workers and who also
work under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, no matter
whether the State provides those services through direct
fee-for-service arrangements, with the assistance of a managed
care organization or other intermediary, or otherwise, but
subject to the limitations set forth in this Act and the
Rehabilitation of Persons with Disabilities Act. The State
shall not be considered to be the employer of home care and
home health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act, for any
purposes not specifically provided for in Public Act 93-204 or
Public Act 97-1158, including but not limited to, purposes of
vicarious liability in tort and purposes of statutory
retirement or health insurance benefits. Home care and home
health workers who function as personal assistants and
individual maintenance home health workers and who also work
under the Home Services Program under Section 3 of the
Rehabilitation of Persons with Disabilities Act shall not be
covered by the State Employees Group Insurance Act of 1971. As
of January 1, 2006 (the effective date of Public Act 94-320)
this amendatory Act of the 94th General Assembly but not

before, the State of Illinois shall be considered the employer
of the day and child care home providers participating in the
child care assistance program under Section 9A-11 of the
Illinois Public Aid Code, subject to the limitations set forth
in this Act and in Section 9A-11 of the Illinois Public Aid
Code. The State shall not be considered to be the employer of
child and day care home providers for any purposes not
specifically provided for in Public Act 94-320 this amendatory
Act of the 94th General Assembly, including, but not limited
to, purposes of vicarious liability in tort and purposes of
statutory retirement or health insurance benefits. Child and
day care home providers shall not be covered by the State
Employees Group Insurance Act of 1971.
"Public employer" or "employer" as used in this Act,
however, does not mean and shall not include the General
Assembly of the State of Illinois, the Executive Ethics
Commission, the Offices of the Executive Inspectors General,
the Legislative Ethics Commission, the Office of the
Legislative Inspector General, the Office of the Auditor
General's Inspector General, the Office of the Governor, the
Governor's Office of Management and Budget, the Illinois
Finance Authority, the Office of the Lieutenant Governor, the
State Board of Elections, and educational employers or
employers as defined in the Illinois Educational Labor
Relations Act, except with respect to a state university in
its employment of firefighters and peace officers and except

with respect to a school district in the employment of peace
officers in its own police department in existence on July 23,
2010 (the effective date of Public Act 96-1257) this
amendatory Act of the 96th General Assembly. County boards and
county sheriffs shall be designated as joint or co-employers
of county peace officers appointed under the authority of a
county sheriff. Nothing in this subsection (o) shall be
construed to prevent the State Panel or the Local Panel from
determining that employers are joint or co-employers.
(o-5) With respect to wages, fringe benefits, hours,
holidays, vacations, proficiency examinations, sick leave, and
other conditions of employment, the public employer of public
employees who are court reporters, as defined in the Court
Reporters Act, shall be determined as follows:
(1) For court reporters employed by the Cook County
Judicial Circuit, the chief judge of the Cook County
Circuit Court is the public employer and employer
representative.
(2) For court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd
judicial circuits, a group consisting of the chief judges
of those circuits, acting jointly by majority vote, is the
public employer and employer representative.
(3) For court reporters employed by all other judicial
circuits, a group consisting of the chief judges of those
circuits, acting jointly by majority vote, is the public

employer and employer representative.
(p) "Security employee" means an employee who is
responsible for the supervision and control of inmates at
correctional facilities. The term also includes other
non-security employees in bargaining units having the majority
of employees being responsible for the supervision and control
of inmates at correctional facilities.
(q) "Short-term employee" means an employee who is
employed for less than 2 consecutive calendar quarters during
a calendar year and who does not have a reasonable assurance
that he or she will be rehired by the same employer for the
same service in a subsequent calendar year.
(q-5) "State agency" means an agency directly responsible
to the Governor, as defined in Section 3.1 of the Executive
Reorganization Implementation Act, and the Illinois Commerce
Commission, the Illinois Workers' Compensation Commission, the
Civil Service Commission, the Pollution Control Board, the
Illinois Racing Board, and the Illinois State Police Merit
Board.
(r) "Supervisor" is:
(1) An employee whose principal work is substantially
different from that of his or her subordinates and who has
authority, in the interest of the employer, to hire,
transfer, suspend, lay off, recall, promote, discharge,
direct, reward, or discipline employees, to adjust their
grievances, or to effectively recommend any of those

actions, if the exercise of that authority is not of a
merely routine or clerical nature, but requires the
consistent use of independent judgment. Except with
respect to police employment, the term "supervisor"
includes only those individuals who devote a preponderance
of their employment time to exercising that authority,
State supervisors notwithstanding. Determinations of
supervisor status shall be based on actual employee job
duties and not solely on written job descriptions. Nothing
in this definition prohibits an individual from also
meeting the definition of "managerial employee" under
subsection (j) of this Section. In addition, in
determining supervisory status in police employment, rank
shall not be determinative. The Board shall consider, as
evidence of bargaining unit inclusion or exclusion, the
common law enforcement policies and relationships between
police officer ranks and certification under applicable
civil service law, ordinances, personnel codes, or
Division 2.1 of Article 10 of the Illinois Municipal Code,
but these factors shall not be the sole or predominant
factors considered by the Board in determining police
supervisory status.
Notwithstanding the provisions of the preceding
paragraph, in determining supervisory status in fire
fighter employment, no fire fighter shall be excluded as a
supervisor who has established representation rights under

Section 9 of this Act. Further, in new fire fighter units,
employees shall consist of fire fighters of the rank of
company officer and below. If a company officer otherwise
qualifies as a supervisor under the preceding paragraph,
however, he or she shall not be included in the fire
fighter unit. If there is no rank between that of chief and
the highest company officer, the employer may designate a
position on each shift as a Shift Commander, and the
persons occupying those positions shall be supervisors.
All other ranks above that of company officer shall be
supervisors.
(2) With respect only to State employees in positions
under the jurisdiction of the Attorney General, Secretary
of State, Comptroller, or Treasurer (i) that were
certified in a bargaining unit on or after December 2,
2008, (ii) for which a petition is filed with the Illinois
Public Labor Relations Board on or after April 5, 2013
(the effective date of Public Act 97-1172), or (iii) for
which a petition is pending before the Illinois Public
Labor Relations Board on that date, an employee who
qualifies as a supervisor under (A) Section 152 of the
National Labor Relations Act and (B) orders of the
National Labor Relations Board interpreting that provision
or decisions of courts reviewing decisions of the National
Labor Relations Board.
(s)(1) "Unit" means a class of jobs or positions that are

held by employees whose collective interests may suitably be
represented by a labor organization for collective bargaining.
Except with respect to non-State fire fighters and paramedics
employed by fire departments and fire protection districts,
non-State peace officers, and peace officers in the Illinois
State Police, a bargaining unit determined by the Board shall
not include both employees and supervisors, or supervisors
only, except as provided in paragraph (2) of this subsection
(s) and except for bargaining units in existence on July 1,
1984 (the effective date of this Act). With respect to
non-State fire fighters and paramedics employed by fire
departments and fire protection districts, non-State peace
officers, and peace officers in the Illinois State Police, a
bargaining unit determined by the Board shall not include both
supervisors and nonsupervisors, or supervisors only, except as
provided in paragraph (2) of this subsection (s) and except
for bargaining units in existence on January 1, 1986 (the
effective date of this amendatory Act of 1985). A bargaining
unit determined by the Board to contain peace officers shall
contain no employees other than peace officers unless
otherwise agreed to by the employer and the labor organization
or labor organizations involved. Notwithstanding any other
provision of this Act, a bargaining unit, including a
historical bargaining unit, containing sworn peace officers of
the Department of Natural Resources (formerly designated the
Department of Conservation) shall contain no employees other

than such sworn peace officers upon the effective date of this
amendatory Act of 1990 or upon the expiration date of any
collective bargaining agreement in effect upon the effective
date of this amendatory Act of 1990 covering both such sworn
peace officers and other employees.
(2) Notwithstanding the exclusion of supervisors from
bargaining units as provided in paragraph (1) of this
subsection (s), a public employer may agree to permit its
supervisory employees to form bargaining units and may bargain
with those units. This Act shall apply if the public employer
chooses to bargain under this subsection.
(3) Public employees who are court reporters, as defined
in the Court Reporters Act, shall be divided into 3 units for
collective bargaining purposes. One unit shall be court
reporters employed by the Cook County Judicial Circuit; one
unit shall be court reporters employed by the 12th, 18th,
19th, and, on and after December 4, 2006, the 22nd judicial
circuits; and one unit shall be court reporters employed by
all other judicial circuits.
(t) "Active petition for certification in a bargaining
unit" means a petition for certification filed with the Board
under one of the following case numbers: S-RC-11-110;
S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;
S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;

S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
S-RC-07-100.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
revised 10-13-21.)
(5 ILCS 315/9) (from Ch. 48, par. 1609)
Sec. 9. Elections; recognition.
(a) Whenever in accordance with such regulations as may be
prescribed by the Board a petition has been filed:
(1) by a public employee or group of public employees
or any labor organization acting in their behalf
demonstrating that 30% of the public employees in an
appropriate unit (A) wish to be represented for the
purposes of collective bargaining by a labor organization
as exclusive representative, or (B) asserting that the
labor organization which has been certified or is
currently recognized by the public employer as bargaining
representative is no longer the representative of the

majority of public employees in the unit; or
(2) by a public employer alleging that one or more
labor organizations have presented to it a claim that they
be recognized as the representative of a majority of the
public employees in an appropriate unit, the Board shall
investigate such petition, and if it has reasonable cause
to believe that a question of representation exists, shall
provide for an appropriate hearing upon due notice. Such
hearing shall be held at the offices of the Board or such
other location as the Board deems appropriate. If it finds
upon the record of the hearing that a question of
representation exists, it shall direct an election in
accordance with subsection (d) of this Section, which
election shall be held not later than 120 days after the
date the petition was filed regardless of whether that
petition was filed before or after July 1, 1988 (the
effective date of Public Act 85-924) this amendatory Act
of 1987; provided, however, the Board may extend the time
for holding an election by an additional 60 days if, upon
motion by a person who has filed a petition under this
Section or is the subject of a petition filed under this
Section and is a party to such hearing, or upon the Board's
own motion, the Board finds that good cause has been shown
for extending the election date; provided further, that
nothing in this Section shall prohibit the Board, in its
discretion, from extending the time for holding an

election for so long as may be necessary under the
circumstances, where the purpose for such extension is to
permit resolution by the Board of an unfair labor practice
charge filed by one of the parties to a representational
proceeding against the other based upon conduct which may
either affect the existence of a question concerning
representation or have a tendency to interfere with a fair
and free election, where the party filing the charge has
not filed a request to proceed with the election; and
provided further that prior to the expiration of the total
time allotted for holding an election, a person who has
filed a petition under this Section or is the subject of a
petition filed under this Section and is a party to such
hearing or the Board, may move for and obtain the entry of
an order in the circuit court of the county in which the
majority of the public employees sought to be represented
by such person reside, such order extending the date upon
which the election shall be held. Such order shall be
issued by the circuit court only upon a judicial finding
that there has been a sufficient showing that there is
good cause to extend the election date beyond such period
and shall require the Board to hold the election as soon as
is feasible given the totality of the circumstances. Such
120-day 120 day period may be extended one or more times by
the agreement of all parties to the hearing to a date
certain without the necessity of obtaining a court order.

The showing of interest in support of a petition filed
under paragraph (1) of this subsection (a) may be
evidenced by electronic communications, and such writing
or communication may be evidenced by the electronic
signature of the employee as provided under Section 5-120
of the Electronic Commerce Security Act. The showing of
interest shall be valid only if signed within 12 months
prior to the filing of the petition. Nothing in this
Section prohibits the waiving of hearings by stipulation
for the purpose of a consent election in conformity with
the rules and regulations of the Board or an election in a
unit agreed upon by the parties. Other interested employee
organizations may intervene in the proceedings in the
manner and within the time period specified by rules and
regulations of the Board. Interested parties who are
necessary to the proceedings may also intervene in the
proceedings in the manner and within the time period
specified by the rules and regulations of the Board.
(a-5) The Board shall designate an exclusive
representative for purposes of collective bargaining when the
representative demonstrates a showing of majority interest by
employees in the unit. If the parties to a dispute are without
agreement on the means to ascertain the choice, if any, of
employee organization as their representative, the Board shall
ascertain the employees' choice of employee organization, on
the basis of dues deduction authorization or other evidence,

or, if necessary, by conducting an election. The showing of
interest in support of a petition filed under this subsection
(a-5) may be evidenced by electronic communications, and such
writing or communication may be evidenced by the electronic
signature of the employee as provided under Section 5-120 of
the Electronic Commerce Security Act. The showing of interest
shall be valid only if signed within 12 months prior to the
filing of the petition. All evidence submitted by an employee
organization to the Board to ascertain an employee's choice of
an employee organization is confidential and shall not be
submitted to the employer for review. The Board shall
ascertain the employee's choice of employee organization
within 120 days after the filing of the majority interest
petition; however, the Board may extend time by an additional
60 days, upon its own motion or upon the motion of a party to
the proceeding. If either party provides to the Board, before
the designation of a representative, clear and convincing
evidence that the dues deduction authorizations, and other
evidence upon which the Board would otherwise rely to
ascertain the employees' choice of representative, are
fraudulent or were obtained through coercion, the Board shall
promptly thereafter conduct an election. The Board shall also
investigate and consider a party's allegations that the dues
deduction authorizations and other evidence submitted in
support of a designation of representative without an election
were subsequently changed, altered, withdrawn, or withheld as

a result of employer fraud, coercion, or any other unfair
labor practice by the employer. If the Board determines that a
labor organization would have had a majority interest but for
an employer's fraud, coercion, or unfair labor practice, it
shall designate the labor organization as an exclusive
representative without conducting an election. If a hearing is
necessary to resolve any issues of representation under this
Section, the Board shall conclude its hearing process and
issue a certification of the entire appropriate unit not later
than 120 days after the date the petition was filed. The
120-day period may be extended one or more times by the
agreement of all parties to a hearing to a date certain.
(a-6) A labor organization or an employer may file a unit
clarification petition seeking to clarify an existing
bargaining unit. Unit clarification petitions may be filed if:
(1) substantial changes occur in the duties and functions of
an existing job title, raising an issue as to the title's unit
placement; (2) an existing job title that is logically
encompassed within the existing unit was inadvertently
excluded by the parties at the time the unit was established;
(3) a newly created job title is logically encompassed within
an existing unit; (4) a significant change takes place in
statutory or case law that affects the bargaining rights of
employees; (5) a determination needs to be made as to the unit
placement of positions in dispute following a majority
interest certification of representative issued under

subsection (a-5); (6) a determination needs to be made as to
the unit placement of positions in dispute following a
certification of representative issued following a direction
of election under subsection (d); (7) the parties have agreed
to eliminate a position or title because the employer no
longer uses it; (8) the parties have agreed to exclude some of
the positions in a title or classification from a bargaining
unit and include others; or (9) as prescribed in rules set by
the Board. The Board shall conclude its investigation,
including any hearing process deemed necessary, and issue a
certification of clarified unit or dismiss the petition not
later than 120 days after the date the petition was filed. The
120-day period may be extended one or more times by the
agreement of all parties to a hearing to a date certain.
(b) The Board shall decide in each case, in order to assure
public employees the fullest freedom in exercising the rights
guaranteed by this Act, a unit appropriate for the purpose of
collective bargaining, based upon but not limited to such
factors as: historical pattern of recognition; community of
interest including employee skills and functions; degree of
functional integration; interchangeability and contact among
employees; fragmentation of employee groups; common
supervision, wages, hours and other working conditions of the
employees involved; and the desires of the employees. For
purposes of this subsection, fragmentation shall not be the
sole or predominant factor used by the Board in determining an

appropriate bargaining unit. Except with respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the Illinois State Police, a single bargaining
unit determined by the Board may not include both supervisors
and nonsupervisors, except for bargaining units in existence
on the effective date of this Act. With respect to non-State
fire fighters and paramedics employed by fire departments and
fire protection districts, non-State peace officers and peace
officers in the Illinois State Police, a single bargaining
unit determined by the Board may not include both supervisors
and nonsupervisors, except for bargaining units in existence
on January 1, 1986 (the effective date of Public Act 84-1104)
this amendatory Act of 1985.
In cases involving an historical pattern of recognition,
and in cases where the employer has recognized the union as the
sole and exclusive bargaining agent for a specified existing
unit, the Board shall find the employees in the unit then
represented by the union pursuant to the recognition to be the
appropriate unit.
Notwithstanding the above factors, where the majority of
public employees of a craft so decide, the Board shall
designate such craft as a unit appropriate for the purposes of
collective bargaining.
The Board shall not decide that any unit is appropriate if
such unit includes both professional and nonprofessional

employees, unless a majority of each group votes for inclusion
in such unit.
(c) Nothing in this Act shall interfere with or negate the
current representation rights or patterns and practices of
labor organizations which have historically represented public
employees for the purpose of collective bargaining, including
but not limited to the negotiations of wages, hours and
working conditions, discussions of employees' grievances,
resolution of jurisdictional disputes, or the establishment
and maintenance of prevailing wage rates, unless a majority of
employees so represented express a contrary desire pursuant to
the procedures set forth in this Act.
(d) In instances where the employer does not voluntarily
recognize a labor organization as the exclusive bargaining
representative for a unit of employees, the Board shall
determine the majority representative of the public employees
in an appropriate collective bargaining unit by conducting a
secret ballot election, except as otherwise provided in
subsection (a-5). Such a secret ballot election may be
conducted electronically, using an electronic voting system,
in addition to paper ballot voting systems. Within 7 days
after the Board issues its bargaining unit determination and
direction of election or the execution of a stipulation for
the purpose of a consent election, the public employer shall
submit to the labor organization the complete names and
addresses of those employees who are determined by the Board

to be eligible to participate in the election. When the Board
has determined that a labor organization has been fairly and
freely chosen by a majority of employees in an appropriate
unit, it shall certify such organization as the exclusive
representative. If the Board determines that a majority of
employees in an appropriate unit has fairly and freely chosen
not to be represented by a labor organization, it shall so
certify. The Board may also revoke the certification of the
public employee organizations as exclusive bargaining
representatives which have been found by a secret ballot
election to be no longer the majority representative.
(e) The Board shall not conduct an election in any
bargaining unit or any subdivision thereof within which a
valid election has been held in the preceding 12-month period.
The Board shall determine who is eligible to vote in an
election and shall establish rules governing the conduct of
the election or conduct affecting the results of the election.
The Board shall include on a ballot in a representation
election a choice of "no representation". A labor organization
currently representing the bargaining unit of employees shall
be placed on the ballot in any representation election. In any
election where none of the choices on the ballot receives a
majority, a runoff election shall be conducted between the 2
choices receiving the largest number of valid votes cast in
the election. A labor organization which receives a majority
of the votes cast in an election shall be certified by the

Board as exclusive representative of all public employees in
the unit.
(f) A labor organization shall be designated as the
exclusive representative by a public employer, provided that
the labor organization represents a majority of the public
employees in an appropriate unit. Any employee organization
which is designated or selected by the majority of public
employees, in a unit of the public employer having no other
recognized or certified representative, as their
representative for purposes of collective bargaining may
request recognition by the public employer in writing. The
public employer shall post such request for a period of at
least 20 days following its receipt thereof on bulletin boards
or other places used or reserved for employee notices.
(g) Within the 20-day period any other interested employee
organization may petition the Board in the manner specified by
rules and regulations of the Board, provided that such
interested employee organization has been designated by at
least 10% of the employees in an appropriate bargaining unit
which includes all or some of the employees in the unit
recognized by the employer. In such event, the Board shall
proceed with the petition in the same manner as provided by
paragraph (1) of subsection (a) of this Section.
(h) No election shall be directed by the Board in any
bargaining unit where there is in force a valid collective
bargaining agreement. The Board, however, may process an

election petition filed between 90 and 60 days prior to the
expiration of the date of an agreement, and may further
refine, by rule or decision, the implementation of this
provision. Where more than 4 years have elapsed since the
effective date of the agreement, the agreement shall continue
to bar an election, except that the Board may process an
election petition filed between 90 and 60 days prior to the end
of the fifth year of such an agreement, and between 90 and 60
days prior to the end of each successive year of such
agreement.
(i) An order of the Board dismissing a representation
petition, determining and certifying that a labor organization
has been fairly and freely chosen by a majority of employees in
an appropriate bargaining unit, determining and certifying
that a labor organization has not been fairly and freely
chosen by a majority of employees in the bargaining unit or
certifying a labor organization as the exclusive
representative of employees in an appropriate bargaining unit
because of a determination by the Board that the labor
organization is the historical bargaining representative of
employees in the bargaining unit, is a final order. Any person
aggrieved by any such order issued on or after July 1, 1988
(the effective date of Public Act 85-924) this amendatory Act
of 1987 may apply for and obtain judicial review in accordance
with provisions of the Administrative Review Law, as now or
hereafter amended, except that such review shall be afforded

directly in the Appellate Court for the district in which the
aggrieved party resides or transacts business. Any direct
appeal to the Appellate Court shall be filed within 35 days
from the date that a copy of the decision sought to be reviewed
was served upon the party affected by the decision.
(Source: P.A. 102-151, eff. 7-23-21; 102-538, eff. 8-20-21;
102-596, eff. 8-27-21; revised 10-15-21.)
(5 ILCS 315/10) (from Ch. 48, par. 1610)
Sec. 10. Unfair labor practices.
(a) It shall be an unfair labor practice for an employer or
its agents:
(1) to interfere with, restrain, or coerce public
employees in the exercise of the rights guaranteed in this
Act or to dominate or interfere with the formation,
existence or administration of any labor organization or
contribute financial or other support to it; provided, an
employer shall not be prohibited from permitting employees
to confer with him during working hours without loss of
time or pay;
(2) to discriminate in regard to hire or tenure of
employment or any term or condition of employment in order
to encourage or discourage membership in or other support
for any labor organization. Nothing in this Act or any
other law precludes a public employer from making an
agreement with a labor organization to require as a

condition of employment the payment of a fair share under
paragraph (e) of Section 6;
(3) to discharge or otherwise discriminate against a
public employee because he has signed or filed an
affidavit, petition, or charge or provided any information
or testimony under this Act;
(4) to refuse to bargain collectively in good faith
with a labor organization which is the exclusive
representative of public employees in an appropriate unit,
including, but not limited to, the discussing of
grievances with the exclusive representative;
(5) to violate any of the rules and regulations
established by the Board with jurisdiction over them
relating to the conduct of representation elections or the
conduct affecting the representation elections;
(6) to expend or cause the expenditure of public funds
to any external agent, individual, firm, agency,
partnership, or association in any attempt to influence
the outcome of representational elections held pursuant to
Section 9 of this Act; provided, that nothing in this
subsection shall be construed to limit an employer's right
to internally communicate with its employees as provided
in subsection (c) of this Section, to be represented on
any matter pertaining to unit determinations, unfair labor
practice charges or pre-election conferences in any formal
or informal proceeding before the Board, or to seek or

obtain advice from legal counsel. Nothing in this
paragraph shall be construed to prohibit an employer from
expending or causing the expenditure of public funds on,
or seeking or obtaining services or advice from, any
organization, group, or association established by and
including public or educational employers, whether covered
by this Act, the Illinois Educational Labor Relations Act
or the public employment labor relations law of any other
state or the federal government, provided that such
services or advice are generally available to the
membership of the organization, group or association, and
are not offered solely in an attempt to influence the
outcome of a particular representational election;
(7) to refuse to reduce a collective bargaining
agreement to writing or to refuse to sign such agreement;
(8) to interfere with, restrain, coerce, deter, or
discourage public employees or applicants to be public
employees from: (i) becoming or remaining members of a
labor organization; (ii) authorizing representation by a
labor organization; or (iii) authorizing dues or fee
deductions to a labor organization, nor shall the employer
intentionally permit outside third parties to use its
email or other communication systems to engage in that
conduct. An employer's good faith implementation of a
policy to block the use of its email or other
communication systems for such purposes shall be a defense

to an unfair labor practice;
(9) to disclose to any person or entity information
set forth in subsection (c-5) of Section 6 of this Act that
the employer knows or should know will be used to
interfere with, restrain, coerce, deter, or discourage any
public employee from: (i) becoming or remaining members of
a labor organization, (ii) authorizing representation by a
labor organization, or (iii) authorizing dues or fee
deductions to a labor organization; or
(10) to promise, threaten, or take any action: (i) to
permanently replace an employee who participates in a
lawful strike as provided under Section 17; (ii) to
discriminate against an employee who is working or has
unconditionally offered to return to work for the employer
because the employee supported or participated in such a
lawful strike; or (iii) to lock out lockout, suspend, or
otherwise withhold employment from employees in order to
influence the position of such employees or the
representative of such employees in collective bargaining
prior to a lawful strike.
(b) It shall be an unfair labor practice for a labor
organization or its agents:
(1) to restrain or coerce public employees in the
exercise of the rights guaranteed in this Act, provided,
(i) that this paragraph shall not impair the right of a
labor organization to prescribe its own rules with respect

to the acquisition or retention of membership therein or
the determination of fair share payments and (ii) that a
labor organization or its agents shall commit an unfair
labor practice under this paragraph in duty of fair
representation cases only by intentional misconduct in
representing employees under this Act;
(2) to restrain or coerce a public employer in the
selection of his representatives for the purposes of
collective bargaining or the settlement of grievances; or
(3) to cause, or attempt to cause, an employer to
discriminate against an employee in violation of
subsection (a)(2);
(4) to refuse to bargain collectively in good faith
with a public employer, if it has been designated in
accordance with the provisions of this Act as the
exclusive representative of public employees in an
appropriate unit;
(5) to violate any of the rules and regulations
established by the boards with jurisdiction over them
relating to the conduct of representation elections or the
conduct affecting the representation elections;
(6) to discriminate against any employee because he
has signed or filed an affidavit, petition, or charge or
provided any information or testimony under this Act;
(7) to picket or cause to be picketed, or threaten to
picket or cause to be picketed, any public employer where

an object thereof is forcing or requiring an employer to
recognize or bargain with a labor organization of the
representative of its employees, or forcing or requiring
the employees of an employer to accept or select such
labor organization as their collective bargaining
representative, unless such labor organization is
currently certified as the representative of such
employees:
(A) where the employer has lawfully recognized in
accordance with this Act any labor organization and a
question concerning representation may not
appropriately be raised under Section 9 of this Act;
(B) where within the preceding 12 months a valid
election under Section 9 of this Act has been
conducted; or
(C) where such picketing has been conducted
without a petition under Section 9 being filed within
a reasonable period of time not to exceed 30 days from
the commencement of such picketing; provided that when
such a petition has been filed the Board shall
forthwith, without regard to the provisions of
subsection (a) of Section 9 or the absence of a showing
of a substantial interest on the part of the labor
organization, direct an election in such unit as the
Board finds to be appropriate and shall certify the
results thereof; provided further, that nothing in

this subparagraph shall be construed to prohibit any
picketing or other publicity for the purpose of
truthfully advising the public that an employer does
not employ members of, or have a contract with, a labor
organization unless an effect of such picketing is to
induce any individual employed by any other person in
the course of his employment, not to pick up, deliver,
or transport any goods or not to perform any services;
or
(8) to refuse to reduce a collective bargaining
agreement to writing or to refuse to sign such agreement.
(c) The expressing of any views, argument, or opinion or
the dissemination thereof, whether in written, printed,
graphic, or visual form, shall not constitute or be evidence
of an unfair labor practice under any of the provisions of this
Act, if such expression contains no threat of reprisal or
force or promise of benefit.
(d) The employer shall not discourage public employees or
applicants to be public employees from becoming or remaining
union members or authorizing dues deductions, and shall not
otherwise interfere with the relationship between employees
and their exclusive bargaining representative. The employer
shall refer all inquiries about union membership to the
exclusive bargaining representative, except that the employer
may communicate with employees regarding payroll processes and
procedures. The employer will establish email policies in an

effort to prohibit the use of its email system by outside
sources.
(Source: P.A. 101-620, eff. 12-20-19; 102-596, eff. 8-27-21;
revised 12-2-21.)
Section 30. The State Employee Indemnification Act is
amended by changing Section 1 as follows:
(5 ILCS 350/1) (from Ch. 127, par. 1301)
Sec. 1. Definitions. For the purpose of this Act:
(a) The term "State" means the State of Illinois, the
General Assembly, the court, or any State office, department,
division, bureau, board, commission, or committee, the
governing boards of the public institutions of higher
education created by the State, the Illinois National Guard,
the Illinois State Guard, the Comprehensive Health Insurance
Board, any poison control center designated under the Poison
Control System Act that receives State funding, or any other
agency or instrumentality of the State. It does not mean any
local public entity as that term is defined in Section 1-206 of
the Local Governmental and Governmental Employees Tort
Immunity Act or a pension fund.
(b) The term "employee" means: any present or former
elected or appointed officer, trustee or employee of the
State, or of a pension fund; any present or former
commissioner or employee of the Executive Ethics Commission or

of the Legislative Ethics Commission; any present or former
Executive, Legislative, or Auditor General's Inspector
General; any present or former employee of an Office of an
Executive, Legislative, or Auditor General's Inspector
General; any present or former member of the Illinois National
Guard while on active duty; any present or former member of the
Illinois State Guard while on State active duty; individuals
or organizations who contract with the Department of
Corrections, the Department of Juvenile Justice, the
Comprehensive Health Insurance Board, or the Department of
Veterans' Affairs to provide services; individuals or
organizations who contract with the Department of Human
Services (as successor to the Department of Mental Health and
Developmental Disabilities) to provide services including but
not limited to treatment and other services for sexually
violent persons; individuals or organizations who contract
with the Department of Military Affairs for youth programs;
individuals or organizations who contract to perform carnival
and amusement ride safety inspections for the Department of
Labor; individuals who contract with the Office of the State's
Attorneys Appellate Prosecutor to provide legal services, but
only when performing duties within the scope of the Office's
prosecutorial activities; individual representatives of or
designated organizations authorized to represent the Office of
State Long-Term Ombudsman for the Department on Aging;
individual representatives of or organizations designated by

the Department on Aging in the performance of their duties as
adult protective services agencies or regional administrative
agencies under the Adult Protective Services Act; individuals
or organizations appointed as members of a review team or the
Advisory Council under the Adult Protective Services Act;
individuals or organizations who perform volunteer services
for the State where such volunteer relationship is reduced to
writing; individuals who serve on any public entity (whether
created by law or administrative action) described in
paragraph (a) of this Section; individuals or not for profit
organizations who, either as volunteers, where such volunteer
relationship is reduced to writing, or pursuant to contract,
furnish professional advice or consultation to any agency or
instrumentality of the State; individuals who serve as foster
parents for the Department of Children and Family Services
when caring for youth in care as defined in Section 4d of the
Children and Family Services Act; individuals who serve as
members of an independent team of experts under the
Developmental Disability and Mental Health Safety Act (also
known as Brian's Law); and individuals who serve as
arbitrators pursuant to Part 10A of Article II of the Code of
Civil Procedure and the rules of the Supreme Court
implementing Part 10A, each as now or hereafter amended; the
members of the Certification Review Panel under the Illinois
Police Training Act; the term "employee" does not mean an
independent contractor except as provided in this Section. The

term includes an individual appointed as an inspector by the
Director of the Illinois State Police when performing duties
within the scope of the activities of a Metropolitan
Enforcement Group or a law enforcement organization
established under the Intergovernmental Cooperation Act. An
individual who renders professional advice and consultation to
the State through an organization which qualifies as an
"employee" under the Act is also an employee. The term
includes the estate or personal representative of an employee.
(c) The term "pension fund" means a retirement system or
pension fund created under the Illinois Pension Code.
(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-6-21.)
Section 35. The State Employees Group Insurance Act of
1971 is amended by changing Sections 3 and 6.11 as follows:
(5 ILCS 375/3) (from Ch. 127, par. 523)
Sec. 3. Definitions. Unless the context otherwise
requires, the following words and phrases as used in this Act
shall have the following meanings. The Department may define
these and other words and phrases separately for the purpose
of implementing specific programs providing benefits under
this Act.
(a) "Administrative service organization" means any
person, firm or corporation experienced in the handling of

claims which is fully qualified, financially sound and capable
of meeting the service requirements of a contract of
administration executed with the Department.
(b) "Annuitant" means (1) an employee who retires, or has
retired, on or after January 1, 1966 on an immediate annuity
under the provisions of Articles 2, 14 (including an employee
who has elected to receive an alternative retirement
cancellation payment under Section 14-108.5 of the Illinois
Pension Code in lieu of an annuity or who meets the criteria
for retirement, but in lieu of receiving an annuity under that
Article has elected to receive an accelerated pension benefit
payment under Section 14-147.5 of that Article), 15 (including
an employee who has retired under the optional retirement
program established under Section 15-158.2 or who meets the
criteria for retirement but in lieu of receiving an annuity
under that Article has elected to receive an accelerated
pension benefit payment under Section 15-185.5 of the
Article), paragraph paragraphs (2), (3), or (5) of Section
16-106 (including an employee who meets the criteria for
retirement, but in lieu of receiving an annuity under that
Article has elected to receive an accelerated pension benefit
payment under Section 16-190.5 of the Illinois Pension Code),
or Article 18 of the Illinois Pension Code; (2) any person who
was receiving group insurance coverage under this Act as of
March 31, 1978 by reason of his status as an annuitant, even
though the annuity in relation to which such coverage was

provided is a proportional annuity based on less than the
minimum period of service required for a retirement annuity in
the system involved; (3) any person not otherwise covered by
this Act who has retired as a participating member under
Article 2 of the Illinois Pension Code but is ineligible for
the retirement annuity under Section 2-119 of the Illinois
Pension Code; (4) the spouse of any person who is receiving a
retirement annuity under Article 18 of the Illinois Pension
Code and who is covered under a group health insurance program
sponsored by a governmental employer other than the State of
Illinois and who has irrevocably elected to waive his or her
coverage under this Act and to have his or her spouse
considered as the "annuitant" under this Act and not as a
"dependent"; or (5) an employee who retires, or has retired,
from a qualified position, as determined according to rules
promulgated by the Director, under a qualified local
government, a qualified rehabilitation facility, a qualified
domestic violence shelter or service, or a qualified child
advocacy center. (For definition of "retired employee", see
(p) post).
(b-5) (Blank).
(b-6) (Blank).
(b-7) (Blank).
(c) "Carrier" means (1) an insurance company, a
corporation organized under the Limited Health Service
Organization Act or the Voluntary Health Services Plans Act, a

partnership, or other nongovernmental organization, which is
authorized to do group life or group health insurance business
in Illinois, or (2) the State of Illinois as a self-insurer.
(d) "Compensation" means salary or wages payable on a
regular payroll by the State Treasurer on a warrant of the
State Comptroller out of any State, trust or federal fund, or
by the Governor of the State through a disbursing officer of
the State out of a trust or out of federal funds, or by any
Department out of State, trust, federal or other funds held by
the State Treasurer or the Department, to any person for
personal services currently performed, and ordinary or
accidental disability benefits under Articles 2, 14, 15
(including ordinary or accidental disability benefits under
the optional retirement program established under Section
15-158.2), paragraph paragraphs (2), (3), or (5) of Section
16-106, or Article 18 of the Illinois Pension Code, for
disability incurred after January 1, 1966, or benefits payable
under the Workers' Compensation or Occupational Diseases Act
or benefits payable under a sick pay plan established in
accordance with Section 36 of the State Finance Act.
"Compensation" also means salary or wages paid to an employee
of any qualified local government, qualified rehabilitation
facility, qualified domestic violence shelter or service, or
qualified child advocacy center.
(e) "Commission" means the State Employees Group Insurance
Advisory Commission authorized by this Act. Commencing July 1,

1984, "Commission" as used in this Act means the Commission on
Government Forecasting and Accountability as established by
the Legislative Commission Reorganization Act of 1984.
(f) "Contributory", when referred to as contributory
coverage, shall mean optional coverages or benefits elected by
the member toward the cost of which such member makes
contribution, or which are funded in whole or in part through
the acceptance of a reduction in earnings or the foregoing of
an increase in earnings by an employee, as distinguished from
noncontributory coverage or benefits which are paid entirely
by the State of Illinois without reduction of the member's
salary.
(g) "Department" means any department, institution, board,
commission, officer, court or any agency of the State
government receiving appropriations and having power to
certify payrolls to the Comptroller authorizing payments of
salary and wages against such appropriations as are made by
the General Assembly from any State fund, or against trust
funds held by the State Treasurer and includes boards of
trustees of the retirement systems created by Articles 2, 14,
15, 16, and 18 of the Illinois Pension Code. "Department" also
includes the Illinois Comprehensive Health Insurance Board,
the Board of Examiners established under the Illinois Public
Accounting Act, and the Illinois Finance Authority.
(h) "Dependent", when the term is used in the context of
the health and life plan, means a member's spouse and any child

(1) from birth to age 26 including an adopted child, a child
who lives with the member from the time of the placement for
adoption until entry of an order of adoption, a stepchild or
adjudicated child, or a child who lives with the member if such
member is a court appointed guardian of the child or (2) age 19
or over who has a mental or physical disability from a cause
originating prior to the age of 19 (age 26 if enrolled as an
adult child dependent). For the health plan only, the term
"dependent" also includes (1) any person enrolled prior to the
effective date of this Section who is dependent upon the
member to the extent that the member may claim such person as a
dependent for income tax deduction purposes and (2) any person
who has received after June 30, 2000 an organ transplant and
who is financially dependent upon the member and eligible to
be claimed as a dependent for income tax purposes. A member
requesting to cover any dependent must provide documentation
as requested by the Department of Central Management Services
and file with the Department any and all forms required by the
Department.
(i) "Director" means the Director of the Illinois
Department of Central Management Services.
(j) "Eligibility period" means the period of time a member
has to elect enrollment in programs or to select benefits
without regard to age, sex or health.
(k) "Employee" means and includes each officer or employee
in the service of a department who (1) receives his

compensation for service rendered to the department on a
warrant issued pursuant to a payroll certified by a department
or on a warrant or check issued and drawn by a department upon
a trust, federal or other fund or on a warrant issued pursuant
to a payroll certified by an elected or duly appointed officer
of the State or who receives payment of the performance of
personal services on a warrant issued pursuant to a payroll
certified by a Department and drawn by the Comptroller upon
the State Treasurer against appropriations made by the General
Assembly from any fund or against trust funds held by the State
Treasurer, and (2) is employed full-time or part-time in a
position normally requiring actual performance of duty during
not less than 1/2 of a normal work period, as established by
the Director in cooperation with each department, except that
persons elected by popular vote will be considered employees
during the entire term for which they are elected regardless
of hours devoted to the service of the State, and (3) except
that "employee" does not include any person who is not
eligible by reason of such person's employment to participate
in one of the State retirement systems under Articles 2, 14, 15
(either the regular Article 15 system or the optional
retirement program established under Section 15-158.2), or 18,
or under paragraph (2), (3), or (5) of Section 16-106, of the
Illinois Pension Code, but such term does include persons who
are employed during the 6-month 6 month qualifying period
under Article 14 of the Illinois Pension Code. Such term also

includes any person who (1) after January 1, 1966, is
receiving ordinary or accidental disability benefits under
Articles 2, 14, 15 (including ordinary or accidental
disability benefits under the optional retirement program
established under Section 15-158.2), paragraph paragraphs (2),
(3), or (5) of Section 16-106, or Article 18 of the Illinois
Pension Code, for disability incurred after January 1, 1966,
(2) receives total permanent or total temporary disability
under the Workers' Compensation Act or Occupational Disease
Act as a result of injuries sustained or illness contracted in
the course of employment with the State of Illinois, or (3) is
not otherwise covered under this Act and has retired as a
participating member under Article 2 of the Illinois Pension
Code but is ineligible for the retirement annuity under
Section 2-119 of the Illinois Pension Code. However, a person
who satisfies the criteria of the foregoing definition of
"employee" except that such person is made ineligible to
participate in the State Universities Retirement System by
clause (4) of subsection (a) of Section 15-107 of the Illinois
Pension Code is also an "employee" for the purposes of this
Act. "Employee" also includes any person receiving or eligible
for benefits under a sick pay plan established in accordance
with Section 36 of the State Finance Act. "Employee" also
includes (i) each officer or employee in the service of a
qualified local government, including persons appointed as
trustees of sanitary districts regardless of hours devoted to

the service of the sanitary district, (ii) each employee in
the service of a qualified rehabilitation facility, (iii) each
full-time employee in the service of a qualified domestic
violence shelter or service, and (iv) each full-time employee
in the service of a qualified child advocacy center, as
determined according to rules promulgated by the Director.
(l) "Member" means an employee, annuitant, retired
employee, or survivor. In the case of an annuitant or retired
employee who first becomes an annuitant or retired employee on
or after January 13, 2012 (the effective date of Public Act
97-668), the individual must meet the minimum vesting
requirements of the applicable retirement system in order to
be eligible for group insurance benefits under that system. In
the case of a survivor who first becomes a survivor on or after
January 13, 2012 (the effective date of Public Act 97-668),
the deceased employee, annuitant, or retired employee upon
whom the annuity is based must have been eligible to
participate in the group insurance system under the applicable
retirement system in order for the survivor to be eligible for
group insurance benefits under that system.
(m) "Optional coverages or benefits" means those coverages
or benefits available to the member on his or her voluntary
election, and at his or her own expense.
(n) "Program" means the group life insurance, health
benefits and other employee benefits designed and contracted
for by the Director under this Act.

(o) "Health plan" means a health benefits program offered
by the State of Illinois for persons eligible for the plan.
(p) "Retired employee" means any person who would be an
annuitant as that term is defined herein but for the fact that
such person retired prior to January 1, 1966. Such term also
includes any person formerly employed by the University of
Illinois in the Cooperative Extension Service who would be an
annuitant but for the fact that such person was made
ineligible to participate in the State Universities Retirement
System by clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code.
(q) "Survivor" means a person receiving an annuity as a
survivor of an employee or of an annuitant. "Survivor" also
includes: (1) the surviving dependent of a person who
satisfies the definition of "employee" except that such person
is made ineligible to participate in the State Universities
Retirement System by clause (4) of subsection (a) of Section
15-107 of the Illinois Pension Code; (2) the surviving
dependent of any person formerly employed by the University of
Illinois in the Cooperative Extension Service who would be an
annuitant except for the fact that such person was made
ineligible to participate in the State Universities Retirement
System by clause (4) of subsection (a) of Section 15-107 of the
Illinois Pension Code; (3) the surviving dependent of a person
who was an annuitant under this Act by virtue of receiving an
alternative retirement cancellation payment under Section

14-108.5 of the Illinois Pension Code; and (4) a person who
would be receiving an annuity as a survivor of an annuitant
except that the annuitant elected on or after June 4, 2018 to
receive an accelerated pension benefit payment under Section
14-147.5, 15-185.5, or 16-190.5 of the Illinois Pension Code
in lieu of receiving an annuity.
(q-2) "SERS" means the State Employees' Retirement System
of Illinois, created under Article 14 of the Illinois Pension
Code.
(q-3) "SURS" means the State Universities Retirement
System, created under Article 15 of the Illinois Pension Code.
(q-4) "TRS" means the Teachers' Retirement System of the
State of Illinois, created under Article 16 of the Illinois
Pension Code.
(q-5) (Blank).
(q-6) (Blank).
(q-7) (Blank).
(r) "Medical services" means the services provided within
the scope of their licenses by practitioners in all categories
licensed under the Medical Practice Act of 1987.
(s) "Unit of local government" means any county,
municipality, township, school district (including a
combination of school districts under the Intergovernmental
Cooperation Act), special district or other unit, designated
as a unit of local government by law, which exercises limited
governmental powers or powers in respect to limited

governmental subjects, any not-for-profit association with a
membership that primarily includes townships and township
officials, that has duties that include provision of research
service, dissemination of information, and other acts for the
purpose of improving township government, and that is funded
wholly or partly in accordance with Section 85-15 of the
Township Code; any not-for-profit corporation or association,
with a membership consisting primarily of municipalities, that
operates its own utility system, and provides research,
training, dissemination of information, or other acts to
promote cooperation between and among municipalities that
provide utility services and for the advancement of the goals
and purposes of its membership; the Southern Illinois
Collegiate Common Market, which is a consortium of higher
education institutions in Southern Illinois; the Illinois
Association of Park Districts; and any hospital provider that
is owned by a county that has 100 or fewer hospital beds and
has not already joined the program. "Qualified local
government" means a unit of local government approved by the
Director and participating in a program created under
subsection (i) of Section 10 of this Act.
(t) "Qualified rehabilitation facility" means any
not-for-profit organization that is accredited by the
Commission on Accreditation of Rehabilitation Facilities or
certified by the Department of Human Services (as successor to
the Department of Mental Health and Developmental

Disabilities) to provide services to persons with disabilities
and which receives funds from the State of Illinois for
providing those services, approved by the Director and
participating in a program created under subsection (j) of
Section 10 of this Act.
(u) "Qualified domestic violence shelter or service" means
any Illinois domestic violence shelter or service and its
administrative offices funded by the Department of Human
Services (as successor to the Illinois Department of Public
Aid), approved by the Director and participating in a program
created under subsection (k) of Section 10.
(v) "TRS benefit recipient" means a person who:
(1) is not a "member" as defined in this Section; and
(2) is receiving a monthly benefit or retirement
annuity under Article 16 of the Illinois Pension Code or
would be receiving such monthly benefit or retirement
annuity except that the benefit recipient elected on or
after June 4, 2018 to receive an accelerated pension
benefit payment under Section 16-190.5 of the Illinois
Pension Code in lieu of receiving an annuity; and
(3) either (i) has at least 8 years of creditable
service under Article 16 of the Illinois Pension Code, or
(ii) was enrolled in the health insurance program offered
under that Article on January 1, 1996, or (iii) is the
survivor of a benefit recipient who had at least 8 years of
creditable service under Article 16 of the Illinois

Pension Code or was enrolled in the health insurance
program offered under that Article on June 21, 1995 (the
effective date of Public Act 89-25), or (iv) is a
recipient or survivor of a recipient of a disability
benefit under Article 16 of the Illinois Pension Code.
(w) "TRS dependent beneficiary" means a person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a TRS benefit recipient's: (A) spouse, (B)
dependent parent who is receiving at least half of his or
her support from the TRS benefit recipient, or (C)
natural, step, adjudicated, or adopted child who is (i)
under age 26, (ii) was, on January 1, 1996, participating
as a dependent beneficiary in the health insurance program
offered under Article 16 of the Illinois Pension Code, or
(iii) age 19 or over who has a mental or physical
disability from a cause originating prior to the age of 19
(age 26 if enrolled as an adult child).
"TRS dependent beneficiary" does not include, as indicated
under paragraph (2) of this subsection (w), a dependent of the
survivor of a TRS benefit recipient who first becomes a
dependent of a survivor of a TRS benefit recipient on or after
January 13, 2012 (the effective date of Public Act 97-668)
unless that dependent would have been eligible for coverage as
a dependent of the deceased TRS benefit recipient upon whom
the survivor benefit is based.

(x) "Military leave" refers to individuals in basic
training for reserves, special/advanced training, annual
training, emergency call up, activation by the President of
the United States, or any other training or duty in service to
the United States Armed Forces.
(y) (Blank).
(z) "Community college benefit recipient" means a person
who:
(1) is not a "member" as defined in this Section; and
(2) is receiving a monthly survivor's annuity or
retirement annuity under Article 15 of the Illinois
Pension Code or would be receiving such monthly survivor's
annuity or retirement annuity except that the benefit
recipient elected on or after June 4, 2018 to receive an
accelerated pension benefit payment under Section 15-185.5
of the Illinois Pension Code in lieu of receiving an
annuity; and
(3) either (i) was a full-time employee of a community
college district or an association of community college
boards created under the Public Community College Act
(other than an employee whose last employer under Article
15 of the Illinois Pension Code was a community college
district subject to Article VII of the Public Community
College Act) and was eligible to participate in a group
health benefit plan as an employee during the time of
employment with a community college district (other than a

community college district subject to Article VII of the
Public Community College Act) or an association of
community college boards, or (ii) is the survivor of a
person described in item (i).
(aa) "Community college dependent beneficiary" means a
person who:
(1) is not a "member" or "dependent" as defined in
this Section; and
(2) is a community college benefit recipient's: (A)
spouse, (B) dependent parent who is receiving at least
half of his or her support from the community college
benefit recipient, or (C) natural, step, adjudicated, or
adopted child who is (i) under age 26, or (ii) age 19 or
over and has a mental or physical disability from a cause
originating prior to the age of 19 (age 26 if enrolled as
an adult child).
"Community college dependent beneficiary" does not
include, as indicated under paragraph (2) of this subsection
(aa), a dependent of the survivor of a community college
benefit recipient who first becomes a dependent of a survivor
of a community college benefit recipient on or after January
13, 2012 (the effective date of Public Act 97-668) unless that
dependent would have been eligible for coverage as a dependent
of the deceased community college benefit recipient upon whom
the survivor annuity is based.
(bb) "Qualified child advocacy center" means any Illinois

child advocacy center and its administrative offices funded by
the Department of Children and Family Services, as defined by
the Children's Advocacy Center Act (55 ILCS 80/), approved by
the Director and participating in a program created under
subsection (n) of Section 10.
(cc) "Placement for adoption" means the assumption and
retention by a member of a legal obligation for total or
partial support of a child in anticipation of adoption of the
child. The child's placement with the member terminates upon
the termination of such legal obligation.
(Source: P.A. 101-242, eff. 8-9-19; 102-558, eff. 8-20-21;
revised 12-2-21.)
(5 ILCS 375/6.11)
Sec. 6.11. Required health benefits; Illinois Insurance
Code requirements. The program of health benefits shall
provide the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t of the Illinois Insurance Code. The program of
health benefits shall provide the coverage required under
Sections 356g, 356g.5, 356g.5-1, 356m, 356q, 356u, 356w, 356x,
356z.2, 356z.4, 356z.4a, 356z.6, 356z.8, 356z.9, 356z.10,
356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17, 356z.22,
356z.25, 356z.26, 356z.29, 356z.30a, 356z.32, 356z.33,
356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47, and
356z.51 and 356z.43 of the Illinois Insurance Code. The

program of health benefits must comply with Sections 155.22a,
155.37, 355b, 356z.19, 370c, and 370c.1 and Article XXXIIB of
the Illinois Insurance Code. The Department of Insurance shall
enforce the requirements of this Section with respect to
Sections 370c and 370c.1 of the Illinois Insurance Code; all
other requirements of this Section shall be enforced by the
Department of Central Management Services.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-13, eff. 6-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-452, eff. 1-1-20; 101-461, eff.
1-1-20; 101-625, eff. 1-1-21; 102-30, eff. 1-1-22; 102-103,
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised
10-26-21.)
Section 40. The Sick Leave Bank Act is amended by changing
Section 5.10 as follows:
(5 ILCS 400/5.10) (from Ch. 127, par. 4255.10)
Sec. 5.10. "Agency" means any branch, department, board,
committee or commission of State government, but does not

include units of local government, school districts, or boards
of election commissioners, or the State Board of Education.
(Source: P.A. 102-539, eff. 8-20-21; revised 12-2-21.)
Section 45. The Illinois Governmental Ethics Act is
amended by changing Sections 4A-102 and 4A-107 as follows:
(5 ILCS 420/4A-102) (from Ch. 127, par. 604A-102)
Sec. 4A-102. The statement of economic interests required
by this Article shall include the economic interests of the
person making the statement as provided in this Section.
(a) The interest (if constructively controlled by the
person making the statement) of a spouse or any other party,
shall be considered to be the same as the interest of the
person making the statement. Campaign receipts shall not be
included in this statement. The following interests shall be
listed by all persons required to file:
(1) each asset that has a value of more than $10,000 as
of the end of the preceding calendar year and is: (i) held
in the filer's name, (ii) held jointly by the filer with
his or her spouse, or (iii) held jointly by the filer with
his or her minor child or children. For a beneficial
interest in a trust, the value is based on the total value
of the assets either subject to the beneficial interest,
or from which income is to be derived for the benefit of
the beneficial interest, regardless of whether any

distributions have been made for the benefit of the
beneficial interest;
(2) excluding the income from the position that
requires the filing of a statement of economic interests
under this Act, each source of income in excess of $7,500
during the preceding calendar year (as required to be
reported on the filer's federal income tax return covering
the preceding calendar year) for the filer and his or her
spouse and, if the sale or transfer of an asset produced
more than $7,500 in capital gains during the preceding
calendar year, the transaction date on which that asset
was sold or transferred;
(3) each creditor of a debt in excess of $10,000 that,
during the preceding calendar year, was: (i) owed by the
filer, (ii) owed jointly by the filer with his or her
spouse or (iii) owed jointly by the filer with his or her
minor child or children;
(4) the name of each unit of government of which the
filer or his or her spouse was an employee, contractor, or
office holder during the preceding calendar year other
than the unit or units of government in relation to which
the person is required to file and the title of the
position or nature of the contractual services;
(5) each person known to the filer to be registered as
a lobbyist with any unit of government in the State of
Illinois: (i) with whom the filer maintains an economic

relationship, or (ii) who is a member of the filer's
family; and
(6) each source and type of gift or gifts, or
honorarium or honoraria, valued singly or in the aggregate
in excess of $500 that was received during the preceding
calendar year, excluding any gift or gifts from a member
of the filer's family that was not known to the filer to be
registered as a lobbyist with any unit of government in
the State of Illinois; and .
(7) the name of any spouse or immediate family member
living with such person employed by a public utility in
this State and the name of the public utility that employs
such person.
For the purposes of this Section, the unit of local
government in relation to which a person is required to file
under item (e) of Section 4A-101.5 shall be the unit of local
government that contributes to the pension fund of which such
person is a member of the board.
(b) Beginning December 1, 2025, and for every 5 years
thereafter, the Secretary of State shall adjust the amounts
specified under this Section that prompt disclosure under this
Act for purposes of inflation as determined by the Consumer
Price Index for All Urban Consumers as issued by the United
States Department of Labor and rounded to the nearest $100.
The Secretary shall publish this information on the official
website of the Secretary of State, and make changes to the

statement of economic interests form to be completed for the
following year.
(c) The Secretary of State shall develop and make publicly
available on his or her website written guidance relating to
the completion and filing of the statement of economic
interests upon which a filer may reasonably and in good faith
rely.
(d) The following interest shall also be listed by
persons listed in items (a) through (f) of Section 4A-101:
the name of any spouse or immediate family member living
with such person employed by a public utility in this
State and the name of the public utility that employs such
person. is
(Source: P.A. 101-221, eff. 8-9-19; 102-662, eff. 9-15-21;
102-664, eff. 1-1-22; revised 11-17-21.)
(5 ILCS 420/4A-107) (from Ch. 127, par. 604A-107)
Sec. 4A-107. Any person required to file a statement of
economic interests under this Article who willfully files a
false or incomplete statement shall be guilty of a Class A
misdemeanor; provided, a filer's statement made in reasonable,
good faith reliance on the guidance provided by the Secretary
of State pursuant to Section 4A-102 or his or her ethics
officer shall not constitute a willful false or incomplete
statement.
Except when the fees and penalties for late filing have

been waived under Section 4A-105, failure to file a statement
within the time prescribed shall result in ineligibility for,
or forfeiture of, office or position of employment, as the
case may be; provided, however, that if the notice of failure
to file a statement of economic interests provided in Section
4A-105 of this Act is not given by the Secretary of State or
the county clerk, as the case may be, no forfeiture shall
result if a statement is filed within 30 days of actual notice
of the failure to file. The Secretary of State shall provide
the Attorney General with the names of persons who failed to
file a statement. The county clerk shall provide the State's
Attorney of the county of the entity for which the filing of a
statement of economic interest is required with the name of
persons who failed to file a statement.
The Attorney General, with respect to offices or positions
described in items (a) through (f) and items (j), (l), (n), and
(p) of Section 4A-101 of this Act, or the State's Attorney of
the county of the entity for which the filing of statements of
economic interests is required, with respect to offices or
positions described in items (a) through (e) of Section
4A-101.5, shall bring an action in quo warranto against any
person who has failed to file by either May 31 or June 30 of
any given year and for whom the fees and penalties for late
filing have not been waived under Section 4A-105.
(Source: P.A. 101-221, eff. 8-9-19; 102-664, eff. 1-1-22;
revised 12-16-21.)

Section 50. The State Officials and Employees Ethics Act
is amended by changing Section 5-50 as follows:
(5 ILCS 430/5-50)
Sec. 5-50. Ex parte communications; special government
agents.
(a) This Section applies to ex parte communications made
to any agency listed in subsection (e).
(b) "Ex parte communication" means any written or oral
communication by any person that imparts or requests material
information or makes a material argument regarding potential
action concerning regulatory, quasi-adjudicatory, investment,
or licensing matters pending before or under consideration by
the agency. "Ex parte communication" does not include the
following: (i) statements by a person publicly made in a
public forum; (ii) statements regarding matters of procedure
and practice, such as format, the number of copies required,
the manner of filing, and the status of a matter; and (iii)
statements made by a State employee of the agency to the agency
head or other employees of that agency.
(b-5) An ex parte communication received by an agency,
agency head, or other agency employee from an interested party
or his or her official representative or attorney shall
promptly be memorialized and made a part of the record.
(c) An ex parte communication received by any agency,

agency head, or other agency employee, other than an ex parte
communication described in subsection (b-5), shall immediately
be reported to that agency's ethics officer by the recipient
of the communication and by any other employee of that agency
who responds to the communication. The ethics officer shall
require that the ex parte communication be promptly made a
part of the record. The ethics officer shall promptly file the
ex parte communication with the Executive Ethics Commission,
including all written communications, all written responses to
the communications, and a memorandum prepared by the ethics
officer stating the nature and substance of all oral
communications, the identity and job title of the person to
whom each communication was made, all responses made, the
identity and job title of the person making each response, the
identity of each person from whom the written or oral ex parte
communication was received, the individual or entity
represented by that person, any action the person requested or
recommended, and any other pertinent information. The
disclosure shall also contain the date of any ex parte
communication.
(d) "Interested party" means a person or entity whose
rights, privileges, or interests are the subject of or are
directly affected by a regulatory, quasi-adjudicatory,
investment, or licensing matter. For purposes of an ex parte
communication received by either the Illinois Commerce
Commission or the Illinois Power Agency, "interested party"

also includes: (1) an organization comprised of 2 or more
businesses, persons, nonprofit entities, or any combination
thereof, that are working in concert to advance public policy
advocated by the organization, or (2) any party selling
renewable energy resources procured by the Illinois Power
Agency pursuant to Section 16-111.5 of the Public Utilities
Act and Section 1-75 of the Illinois Power Agency Act.
(e) This Section applies to the following agencies:
Executive Ethics Commission
Illinois Commerce Commission
Illinois Power Agency
Educational Labor Relations Board
State Board of Elections
Illinois Gaming Board
Health Facilities and Services Review Board
Illinois Workers' Compensation Commission
Illinois Labor Relations Board
Illinois Liquor Control Commission
Pollution Control Board
Property Tax Appeal Board
Illinois Racing Board
Illinois Purchased Care Review Board
Illinois State Police Merit Board
Motor Vehicle Review Board
Prisoner Review Board
Civil Service Commission

Personnel Review Board for the Treasurer
Merit Commission for the Secretary of State
Merit Commission for the Office of the Comptroller
Court of Claims
Board of Review of the Department of Employment Security
Department of Insurance
Department of Professional Regulation and licensing boards
under the Department
Department of Public Health and licensing boards under the
Department
Office of Banks and Real Estate and licensing boards under
the Office
State Employees Retirement System Board of Trustees
Judges Retirement System Board of Trustees
General Assembly Retirement System Board of Trustees
Illinois Board of Investment
State Universities Retirement System Board of Trustees
Teachers Retirement System Officers Board of Trustees
(f) Any person who fails to (i) report an ex parte
communication to an ethics officer, (ii) make information part
of the record, or (iii) make a filing with the Executive Ethics
Commission as required by this Section or as required by
Section 5-165 of the Illinois Administrative Procedure Act
violates this Act.
(Source: P.A. 102-538, eff. 8-20-21; 102-662, eff. 9-15-21;
revised 11-17-21.)

Section 55. The Community-Law Enforcement and Other First
Responder Partnership for Deflection and Substance Use
Disorder Treatment Act is amended by changing Sections 10 and
35 as follows:
(5 ILCS 820/10)
Sec. 10. Definitions. In this Act:
"Case management" means those services which will assist
persons in gaining access to needed social, educational,
medical, substance use and mental health treatment, and other
services.
"Community member or organization" means an individual
volunteer, resident, public office, or a not-for-profit
organization, religious institution, charitable organization,
or other public body committed to the improvement of
individual and family mental and physical well-being and the
overall social welfare of the community, and may include
persons with lived experience in recovery from substance use
disorder, either themselves or as family members.
"Other first responder" means and includes emergency
medical services providers that are public units of
government, fire departments and districts, and officials and
responders representing and employed by these entities.
"Deflection program" means a program in which a peace
officer or member of a law enforcement agency or other first

responder facilitates contact between an individual and a
licensed substance use treatment provider or clinician for
assessment and coordination of treatment planning, including
co-responder approaches that incorporate behavioral health,
peer, or social work professionals with law enforcement or
other first responders at the scene. This facilitation
includes defined criteria for eligibility and communication
protocols agreed to by the law enforcement agency or other
first responder entity and the licensed treatment provider for
the purpose of providing substance use treatment to those
persons in lieu of arrest or further justice system
involvement, or unnecessary admissions to the emergency
department. Deflection programs may include, but are not
limited to, the following types of responses:
(1) a post-overdose deflection response initiated by a
peace officer or law enforcement agency subsequent to
emergency administration of medication to reverse an
overdose, or in cases of severe substance use disorder
with acute risk for overdose;
(2) a self-referral deflection response initiated by
an individual by contacting a peace officer or law
enforcement agency or other first responder in the
acknowledgment of their substance use or disorder;
(3) an active outreach deflection response initiated
by a peace officer or law enforcement agency or other
first responder as a result of proactive identification of

persons thought likely to have a substance use disorder;
(4) an officer or other first responder prevention
deflection response initiated by a peace officer or law
enforcement agency in response to a community call when no
criminal charges are present; and
(5) an officer intervention deflection response when
criminal charges are present but held in abeyance pending
engagement with treatment.
"Law enforcement agency" means a municipal police
department or county sheriff's office of this State, the
Illinois State Police, or other law enforcement agency whose
officers, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
"Licensed treatment provider" means an organization
licensed by the Department of Human Services to perform an
activity or service, or a coordinated range of those
activities or services, as the Department of Human Services
may establish by rule, such as the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care, including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support, which may be extended to persons to assess
or treat substance use disorder or to families of those
persons.

"Peace officer" means any peace officer or member of any
duly organized State, county, or municipal peace officer unit,
any police force of another State, or any police force whose
members, by statute, are granted and authorized to exercise
powers similar to those conferred upon any peace officer
employed by a law enforcement agency of this State.
"Substance use disorder" means a pattern of use of alcohol
or other drugs leading to clinical or functional impairment,
in accordance with the definition in the Diagnostic and
Statistical Manual of Mental Disorders (DSM-5), or in any
subsequent editions.
"Treatment" means the broad range of emergency,
outpatient, intensive outpatient, and residential services and
care (including assessment, diagnosis, case management,
medical, psychiatric, psychological and social services,
medication-assisted treatment, care and counseling, and
recovery support) which may be extended to persons who have
substance use disorders, persons with mental illness, or
families of those persons.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-6-21.)
(5 ILCS 820/35)
Sec. 35. Funding.
(a) The General Assembly may appropriate funds to the
Illinois Criminal Justice Information Authority for the

purpose of funding law enforcement agencies or other first
responder entities for services provided by deflection program
partners as part of deflection programs subject to subsection
(d) of Section 15 of this Act.
(a.1) Up to 10 percent of appropriated funds may be
expended on activities related to knowledge dissemination,
training, technical assistance, or other similar activities
intended to increase practitioner and public awareness of
deflection and/or to support its implementation. The Illinois
Criminal Justice Information Authority may adopt guidelines
and requirements to direct the distribution of funds for these
activities.
(b) For all appropriated funds not distributed under
subsection (a.1) a.1, the Illinois Criminal Justice
Information Authority may adopt guidelines and requirements to
direct the distribution of funds for expenses related to
deflection programs. Funding shall be made available to
support both new and existing deflection programs in a broad
spectrum of geographic regions in this State, including urban,
suburban, and rural communities. Funding for deflection
programs shall be prioritized for communities that have been
impacted by the war on drugs, communities that have a
police/community relations issue, and communities that have a
disproportionate lack of access to mental health and drug
treatment. Activities eligible for funding under this Act may
include, but are not limited to, the following:

(1) activities related to program administration,
coordination, or management, including, but not limited
to, the development of collaborative partnerships with
licensed treatment providers and community members or
organizations; collection of program data; or monitoring
of compliance with a local deflection program plan;
(2) case management including case management provided
prior to assessment, diagnosis, and engagement in
treatment, as well as assistance navigating and gaining
access to various treatment modalities and support
services;
(3) peer recovery or recovery support services that
include the perspectives of persons with the experience of
recovering from a substance use disorder, either
themselves or as family members;
(4) transportation to a licensed treatment provider or
other program partner location;
(5) program evaluation activities; .
(6) naloxone and related supplies necessary for
carrying out overdose reversal for purposes of
distribution to program participants or for use by law
enforcement or other first responders; and
(7) treatment necessary to prevent gaps in service
delivery between linkage and coverage by other funding
sources when otherwise non-reimbursable.
(c) Specific linkage agreements with recovery support

services or self-help entities may be a requirement of the
program services protocols. All deflection programs shall
encourage the involvement of key family members and
significant others as a part of a family-based approach to
treatment. All deflection programs are encouraged to use
evidence-based practices and outcome measures in the provision
of substance use disorder treatment and medication-assisted
treatment for persons with opioid use disorders.
(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
101-652, eff. 7-1-21; revised 11-24-21.)
Section 60. The Gun Trafficking Information Act is amended
by changing Section 10-5 as follows:
(5 ILCS 830/10-5)
Sec. 10-5. Gun trafficking information.
(a) The Illinois State Police shall use all reasonable
efforts in making publicly available, on a regular and ongoing
basis, key information related to firearms used in the
commission of crimes in this State, including, but not limited
to: reports on crimes committed with firearms, locations where
the crimes occurred, the number of persons killed or injured
in the commission of the crimes, the state where the firearms
used originated, the Federal Firearms Licensee that sold the
firearm, the type of firearms used, annual statistical
information concerning Firearm Owner's Identification Card and

concealed carry license applications, revocations, and
compliance with Section 9.5 of the Firearm Owners
Identification Card Act, firearm restraining order
dispositions, and firearm dealer license certification
inspections. The Illinois State Police shall make the
information available on its website, which may be presented
in a dashboard format, in addition to electronically filing a
report with the Governor and the General Assembly. The report
to the General Assembly shall be filed with the Clerk of the
House of Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the
Secretary shall direct.
(b) The Illinois State Police shall study, on a regular
and ongoing basis, and compile reports on the number of
Firearm Owner's Identification Card checks to determine
firearms trafficking or straw purchase patterns. The Illinois
State Police shall, to the extent not inconsistent with law,
share such reports and underlying data with academic centers,
foundations, and law enforcement agencies studying firearms
trafficking, provided that personally identifying information
is protected. For purposes of this subsection (b), a Firearm
Owner's Identification Card number is not personally
identifying information, provided that no other personal
information of the card holder is attached to the record. The
Illinois State Police may create and attach an alternate
unique identifying number to each Firearm Owner's

Identification Card number, instead of releasing the Firearm
Owner's Identification Card number itself.
(c) Each department, office, division, and agency of this
State shall, to the extent not inconsistent with law,
cooperate fully with the Illinois State Police and furnish the
Illinois State Police with all relevant information and
assistance on a timely basis as is necessary to accomplish the
purpose of this Act. The Illinois Criminal Justice Information
Authority shall submit the information required in subsection
(a) of this Section to the Illinois State Police, and any other
information as the Illinois State Police may request, to
assist the Illinois State Police in carrying out its duties
under this Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-5-21.)
Section 65. The Election Code is amended by changing
Section 19-2 as follows:
(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 to. Such a ballot shall be
delivered to the elector only upon separate application by the
elector for each election. Voters who make an application for
permanent vote by mail ballot status shall follow the
procedures specified in Section 19-3 and may apply year round.
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
that affects their registration status, or the election
authority receives confirmation that the voter has
subsequently registered to vote in another election authority
jurisdiction. 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.
(Source: P.A. 102-15, eff. 6-17-21; 102-668, eff. 11-15-21;
102-687, eff. 12-17-21; revised 1-5-22.)
Section 70. The Secretary of State Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 35 as follows:

(15 ILCS 305/35)
(Section scheduled to be repealed on July 1, 2022)
Sec. 35. Task Force on Best Practices and Licensing of
Non-Transplant Organ Donation Organizations.
(a) The General Assembly finds and declares that:
(1) Non-transplant organ donation organizations that
accept or process whole body donations or body parts not
for transplantation owe a duty of transparency and
safekeeping to the donor and his or her next of kin.
Medical and scientific research is critical to a continued
understanding of the human body, disease, and training the
next generation of medical professionals, funeral home
directors, coroners, and mortuary students. Non-transplant
organ donation organizations do not include organizations
that receive body parts for the purposes of
transplantation.
(2) Recently, non-transplant organizations that
receive or process whole body donation or body part
donation not for transplantation purposes, have misused or
mishandled donor bodies and body parts.
(3) Neither State nor federal law adequately regulates
this industry.
(b) As used in this Section, "Task Force" means the Task
Force on Best Practices and Licensing of Non-Transplant Organ
Donation Organizations.
(c) There is created a Task Force on Best Practices and

Licensing of Non-Transplant Organ Donation Organizations to
review and report on national standards for best practices in
relation to the licensing and regulation of organizations that
solicit or accept non-transplantation whole bodies and body
parts, including licensing standards, State regulation,
identification of bodies and body parts, and sanctions. The
goal of the Task Force is to research the industry,
investigate State and local standards, and provide
recommendations to the General Assembly and Office of the
Governor.
(d) The Task Force's report shall include, but not be
limited to, standards for organizations that accept whole body
and body part donation, the application process for licensure,
best practices regarding consent, the identification,
labeling, handling and return of bodies and body parts to
ensure proper end-use and return to the next of kin, and best
practices for ensuring donors and next of kin are treated with
transparency and dignity. The report shall also evaluate and
make a recommendation as to the area of State government most
appropriate for licensing organizations and regulation of the
industry. The report shall also make a recommendation on
legislation to enact the findings of the Task Force.
(e) The Task Force shall meet no less than 5 times between
July 9, 2021 (the effective date of Public Act 102-96) this
amendatory Act of the 102nd General Assembly and December 31,
2021. The Task Force shall prepare a report that summarizes

its work and makes recommendations resulting from its review.
The Task Force shall submit the report of its findings and
recommendations to the Governor and General Assembly no later
than January 15, 2022.
(f) The Task Force shall consist of the following 8
members:
(1) the Secretary of State or his or her designee;
(2) one member appointed by the Secretary of State
from the Department of Organ Donor of the Office of the
Secretary of State;
(3) one member appointed by the President of the
Senate;
(4) one member appointed by the Minority Leader of the
Senate;
(5) one member appointed by the Speaker of the House
of Representatives;
(6) one member appointed by the Minority Leader of the
House of Representatives;
(7) one member appointed by the Director of Public
Health; and
(8) one member from a University or Mortuary School
that has experience in receiving whole body donations,
appointed by the Governor.
(g) The Secretary of State shall designate which member
shall serve as chairperson and facilitate the Task Force. The
members of the Task Force shall be appointed no later than 90

days after July 9, 2021 (the effective date of Public Act
102-96) this amendatory Act of the 102nd General Assembly.
Vacancies in the membership of the Task Force shall be filled
in the same manner as the original appointment. The members of
the Task Force shall not receive compensation for serving as
members of the Task Force.
(h) The Office of the Secretary of State shall provide the
Task Force with administrative and other support.
(i) This Section is repealed on July 1, 2022.
(Source: P.A. 102-96, eff. 7-9-21; revised 10-27-21.)
(15 ILCS 305/36)
Sec. 36 35. Authority to accept electronic signatures.
(a) Through the adoption of administrative rules, the
Secretary may authorize the filing of documents with his or
her office that have been signed by electronic means.
(b) The administrative rules adopted by the Secretary
shall set forth the following:
(1) the type of electronic signature required;
(2) the manner and format in which the electronic
signature must be affixed to the electronic record;
(3) the types of transactions which may be filed with
his or her office with electronic signatures;
(4) the procedures for seeking certification of
compliance with electronic signature requirements; and
(5) the date on which the Secretary will begin

accepting electronic signatures.
(c) Any entity seeking to provide services to third
parties for the execution of electronic signatures for filing
with the Secretary of State shall apply for a certification of
compliance with the requirements for the submission of
electronic signatures. To receive a certification of
compliance, the entity must establish the ability to comply
with all of the requirements of this Section and the
administrative rules adopted pursuant to this Section. There
is no limitation on the number of entities that may be issued a
certification of compliance. The Secretary shall include on
its Internet website a list of the entities that have been
issued a certification of compliance.
(d) The Secretary shall only accept electronic signatures
created by use of the services of an entity that has received a
certification of compliance as set forth in this Section.
(e) An electronic signature must meet all of the following
requirements:
(1) Be executed or adopted by a person with the intent
to sign the document so as to indicate the person's
approval of the information contained in the document.
(2) Be attached to or logically associated with the
information contained in the document being signed.
(3) Be capable of reliable identification and
authentication of the person as the signer. Identification
and authentication may be accomplished through additional

security procedures or processes if reliably correlated to
the electronic signature.
(4) Be linked to the document in a manner that would
invalidate the electronic signature if the document is
changed.
(5) Be linked to the document so as to preserve its
integrity as an accurate and complete record for the full
retention period of the document.
(6) Be compatible with the standards and technology
for electronic signatures that are generally used in
commerce and industry and by state governments.
(f) If the Secretary determines an electronic signature is
not in compliance with this Section or the administrative
rules adopted pursuant to this Section, or is not in
compliance with other applicable statutory or regulatory
provisions, the Secretary may refuse to accept the signature.
(g) Electronic signatures accepted by the Secretary of
State shall have the same force and effect as manual
signatures.
(h) Electronic delivery of records accepted by the
Secretary of State shall have the same force and effect as
physical delivery of records.
(i) Electronic records and electronic signatures accepted
by the Secretary of State shall be admissible in all
administrative, quasi-judicial, and judicial proceedings. In
any such proceeding, nothing in the application of the rules

of evidence shall apply so as to deny the admissibility of an
electronic record or electronic signature into evidence on the
sole ground that it is an electronic record or electronic
signature, or on the grounds that it is not in its original
form or is not an original. Information in the form of an
electronic record shall be given due evidentiary weight by the
trier of fact.
(Source: P.A. 102-213, eff. 1-1-22; revised 10-27-21.)
Section 75. The Secretary of State Merit Employment Code
is amended by changing Section 10b.1 as follows:
(15 ILCS 310/10b.1) (from Ch. 124, par. 110b.1)
Sec. 10b.1. Competitive examinations.
(a) For open competitive examinations to test the relative
fitness of applicants for the respective positions. Tests
shall be designed to eliminate those who are not qualified for
entrance into the Office of the Secretary of State and to
discover the relative fitness of those who are qualified. The
Director may use any one of or any combination of the following
examination methods which in his judgment best serves this
end: investigation of education and experience; test of
cultural knowledge; test of capacity; test of knowledge; test
of manual skill; test of linguistic ability; test of
character; test of physical skill; test of psychological
fitness. No person with a record of misdemeanor convictions

except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs (1),
(6), and (8) of subsection (a) sub-sections 1, 6 and 8 of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or arrested for any cause but not convicted thereon
shall be disqualified from taking such examinations or
subsequent appointment unless the person is attempting to
qualify for a position which would give him the powers of a
peace officer, in which case the person's conviction or arrest
record may be considered as a factor in determining the
person's fitness for the position. All examinations shall be
announced publicly at least 2 weeks in advance of the date of
examinations and may be advertised through the press, radio or
other media.
The Director may, at his discretion, accept the results of
competitive examinations conducted by any merit system
established by Federal law or by the law of any state State,
and may compile eligible lists therefrom or may add the names
of successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be

residents of the State of Illinois is waived by the Director of
Personnel and unless there are less than 3 Illinois residents
available for appointment from the appropriate eligible list.
The results of the examinations conducted by other merit
systems may not be used unless they are comparable in
difficulty and comprehensiveness to examinations conducted by
the Department of Personnel for similar positions. Special
linguistic options may also be established where deemed
appropriate.
(b) The Director of Personnel may require that each person
seeking employment with the Secretary of State, as part of the
application process, authorize an investigation to determine
if the applicant has ever been convicted of a crime and if so,
the disposition of those convictions; this authorization shall
indicate the scope of the inquiry and the agencies which may be
contacted. Upon this authorization, the Director of Personnel
may request and receive information and assistance from any
federal, state or local governmental agency as part of the
authorized investigation. The investigation shall be
undertaken after the fingerprinting of an applicant in the
form and manner prescribed by the Illinois State Police. The
investigation shall consist of a criminal history records
check performed by the Illinois State Police and the Federal
Bureau of Investigation, or some other entity that has the
ability to check the applicant's fingerprints against the
fingerprint records now and hereafter filed in the Illinois

State Police and Federal Bureau of Investigation criminal
history records databases. If the Illinois State Police and
the Federal Bureau of Investigation conduct an investigation
directly for the Secretary of State's Office, then the
Illinois State Police shall charge a fee for conducting the
criminal history records check, which shall be deposited in
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
provide information concerning any criminal convictions, and
their disposition, brought against the applicant or
prospective employee of the Secretary of State upon request of
the Department of Personnel when the request is made in the
form and manner required by the Illinois State Police. The
information derived from this investigation, including the
source of this information, and any conclusions or
recommendations derived from this information by the Director
of Personnel shall be provided to the applicant or prospective
employee, or his designee, upon request to the Director of
Personnel prior to any final action by the Director of
Personnel on the application. No information obtained from
such investigation may be placed in any automated information
system. Any criminal convictions and their disposition
information obtained by the Director of Personnel shall be
confidential and may not be transmitted outside the Office of
the Secretary of State, except as required herein, and may not
be transmitted to anyone within the Office of the Secretary of

State except as needed for the purpose of evaluating the
application. The only physical identity materials which the
applicant or prospective employee can be required to provide
the Director of Personnel are photographs or fingerprints;
these shall be returned to the applicant or prospective
employee upon request to the Director of Personnel, after the
investigation has been completed and no copy of these
materials may be kept by the Director of Personnel or any
agency to which such identity materials were transmitted. Only
information and standards which bear a reasonable and rational
relation to the performance of an employee shall be used by the
Director of Personnel. The Secretary of State shall adopt
rules and regulations for the administration of this Section.
Any employee of the Secretary of State who gives or causes to
be given away any confidential information concerning any
criminal convictions and their disposition of an applicant or
prospective employee shall be guilty of a Class A misdemeanor
unless release of such information is authorized by this
Section.
(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
Section 80. The State Comptroller Act is amended by
setting forth and renumbering multiple versions of Section 28
as follows:
(15 ILCS 405/28)

Sec. 28. State Comptroller purchase of real property.
(a) Subject to the provisions of the Public Contract Fraud
Act, the State Comptroller, on behalf of the State of
Illinois, is authorized during State fiscal years 2021 and
2022 to acquire real property located in the City of
Springfield, which the State Comptroller deems necessary to
properly carry out the powers and duties vested in him or her.
Real property acquired under this Section may be acquired
subject to any third party interests in the property that do
not prevent the State Comptroller from exercising the intended
beneficial use of such property. This subsection (a) is
inoperative on and after July 1, 2022.
(b) Subject to the provisions of the Comptroller's
Procurement Rules, which shall be substantially in accordance
with the requirements of the Illinois Procurement Code, the
State Comptroller may:
(1) enter into contracts relating to construction,
reconstruction, or renovation projects for any such
buildings or lands acquired under subsection (a); and
(2) equip, lease, repair, operate, and maintain those
grounds, buildings, and facilities as may be appropriate
to carry out his or her statutory purposes and duties.
(c) The State Comptroller may enter into agreements for
the purposes of exercising his or her authority under this
Section.
(d) The exercise of the authority vested in the

Comptroller to acquire property under this Section is subject
to appropriation.
(e) The Capital Facility and Technology Modernization Fund
is hereby created as a special fund in the State treasury.
Subject to appropriation, moneys in the Fund shall be used by
the Comptroller for the purchase, reconstruction, lease,
repair, and maintenance of real property as may be acquired
under this Section, including for expenses related to the
modernization and maintenance of information technology
systems and infrastructure.
(Source: P.A. 101-665, eff. 4-2-21.)
(15 ILCS 405/29)
Sec. 29 28. Comptroller recess appointments. If, during a
recess of the Senate, there is a vacancy in an office filled by
appointment by the Comptroller by and with the advice and
consent of the Senate, the Comptroller shall make a temporary
appointment until the next meeting of the Senate, when he or
she shall make a nomination to fill such office. Any
nomination not acted upon by the Senate within 60 session days
after the receipt thereof shall be deemed to have received the
advice and consent of the Senate. No person rejected by the
Senate for an office shall, except at the Senate's request, be
nominated again for that office at the same session or be
appointed to that office during a recess of that Senate.
(Source: P.A. 102-291, eff. 8-6-21; revised 10-27-21.)

Section 85. The Comptroller Merit Employment Code is
amended by changing Section 10b.1 as follows:
(15 ILCS 410/10b.1) (from Ch. 15, par. 426)
Sec. 10b.1. Competitive examinations. For open competitive
examinations to test the relative fitness of applicants for
the respective positions. Tests shall be designed to eliminate
those who are not qualified for entrance into the Office of the
Comptroller and to discover the relative fitness of those who
are qualified. The Director may use any one of or any
combination of the following examination methods which in his
judgment best serves this end: investigation of education and
experience; test of cultural knowledge; test of capacity; test
of knowledge; test of manual skill; test of linguistic
ability; test of character; test of physical skill; test of
psychological fitness. No person with a record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
paragraphs (1), (6), and (8) of subsection (a) sub-sections 1,
6 and 8 of Section 24-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or arrested for any cause but not
convicted thereon shall be disqualified from taking such

examinations or subsequent appointment unless the person is
attempting to qualify for a position which entails financial
responsibilities, in which case the person's conviction or
arrest record may be considered as a factor in determining the
person's fitness for the position. All examinations shall be
announced publicly at least 2 weeks in advance of the date of
examinations and may be advertised through the press, radio or
other media.
The Director may, at his or her discretion, accept the
results of competitive examinations conducted by any merit
system established by Federal law or by the law of any state
State, and may compile eligible lists therefrom or may add the
names of successful candidates in examinations conducted by
those merit systems to existing eligible lists in accordance
with their respective ratings. No person who is a non-resident
of the State of Illinois may be appointed from those eligible
lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director of
Human Resources and unless there are less than 3 Illinois
residents available for appointment from the appropriate
eligible list. The results of the examinations conducted by
other merit systems may not be used unless they are comparable
in difficulty and comprehensiveness to examinations conducted
by the Department of Human Resources for similar positions.
Special linguistic options may also be established where
deemed appropriate.

(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
revised 12-2-21.)
Section 90. The Deposit of State Moneys Act is amended by
changing Section 22.5 as follows:
(15 ILCS 520/22.5) (from Ch. 130, par. 41a)
(For force and effect of certain provisions, see Section
90 of P.A. 94-79)
Sec. 22.5. Permitted investments. The State Treasurer may
invest and reinvest any State money in the State Treasury
which is not needed for current expenditures due or about to
become due, in obligations of the United States government or
its agencies or of National Mortgage Associations established
by or under the National Housing Act, 12 U.S.C. 1701 et seq.,
or in mortgage participation certificates representing
undivided interests in specified, first-lien conventional
residential Illinois mortgages that are underwritten, insured,
guaranteed, or purchased by the Federal Home Loan Mortgage
Corporation or in Affordable Housing Program Trust Fund Bonds
or Notes as defined in and issued pursuant to the Illinois
Housing Development Act. All such obligations shall be
considered as cash and may be delivered over as cash by a State
Treasurer to his successor.
The State Treasurer may purchase any state bonds with any
money in the State Treasury that has been set aside and held

for the payment of the principal of and interest on the bonds.
The bonds shall be considered as cash and may be delivered over
as cash by the State Treasurer to his successor.
The State Treasurer may invest or reinvest any State money
in the State Treasury that is not needed for current
expenditures due or about to become due, or any money in the
State Treasury that has been set aside and held for the payment
of the principal of and interest on any State bonds, in bonds
issued by counties or municipal corporations of the State of
Illinois.
The State Treasurer may invest or reinvest up to 5% of the
College Savings Pool Administrative Trust Fund, the Illinois
Public Treasurer Investment Pool (IPTIP) Administrative Trust
Fund, and the State Treasurer's Administrative Fund that is
not needed for current expenditures due or about to become
due, in common or preferred stocks of publicly traded
corporations, partnerships, or limited liability companies,
organized in the United States, with assets exceeding
$500,000,000 if: (i) the purchases do not exceed 1% of the
corporation's or the limited liability company's outstanding
common and preferred stock; (ii) no more than 10% of the total
funds are invested in any one publicly traded corporation,
partnership, or limited liability company; and (iii) the
corporation or the limited liability company has not been
placed on the list of restricted companies by the Illinois
Investment Policy Board under Section 1-110.16 of the Illinois

Pension Code.
Whenever the total amount of vouchers presented to the
Comptroller under Section 9 of the State Comptroller Act
exceeds the funds available in the General Revenue Fund by
$1,000,000,000 or more, then the State Treasurer may invest
any State money in the State Treasury, other than money in the
General Revenue Fund, Health Insurance Reserve Fund, Attorney
General Court Ordered and Voluntary Compliance Payment
Projects Fund, Attorney General Whistleblower Reward and
Protection Fund, and Attorney General's State Projects and
Court Ordered Distribution Fund, which is not needed for
current expenditures, due or about to become due, or any money
in the State Treasury which has been set aside and held for the
payment of the principal of and the interest on any State bonds
with the Office of the Comptroller in order to enable the
Comptroller to pay outstanding vouchers. At any time, and from
time to time outstanding, such investment shall not be greater
than $2,000,000,000. Such investment shall be deposited into
the General Revenue Fund or Health Insurance Reserve Fund as
determined by the Comptroller. Such investment shall be repaid
by the Comptroller with an interest rate tied to the London
Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
equivalent market established variable rate, but in no case
shall such interest rate exceed the lesser of the penalty rate
established under the State Prompt Payment Act or the timely
pay interest rate under Section 368a of the Illinois Insurance

Code. The State Treasurer and the Comptroller shall enter into
an intergovernmental agreement to establish procedures for
such investments, which market established variable rate to
which the interest rate for the investments should be tied,
and other terms which the State Treasurer and Comptroller
reasonably believe to be mutually beneficial concerning these
investments by the State Treasurer. The State Treasurer and
Comptroller shall also enter into a written agreement for each
such investment that specifies the period of the investment,
the payment interval, the interest rate to be paid, the funds
in the State Treasury from which the State Treasurer will draw
the investment, and other terms upon which the State Treasurer
and Comptroller mutually agree. Such investment agreements
shall be public records and the State Treasurer shall post the
terms of all such investment agreements on the State
Treasurer's official website. In compliance with the
intergovernmental agreement, the Comptroller shall order and
the State Treasurer shall transfer amounts sufficient for the
payment of principal and interest invested by the State
Treasurer with the Office of the Comptroller under this
paragraph from the General Revenue Fund or the Health
Insurance Reserve Fund to the respective funds in the State
Treasury from which the State Treasurer drew the investment.
Public Act 100-1107 shall constitute an irrevocable and
continuing authority for all amounts necessary for the payment
of principal and interest on the investments made with the

Office of the Comptroller by the State Treasurer under this
paragraph, and the irrevocable and continuing authority for
and direction to the Comptroller and State Treasurer to make
the necessary transfers.
The State Treasurer may invest or reinvest any State money
in the State Treasury that is not needed for current
expenditure, due or about to become due, or any money in the
State Treasury that has been set aside and held for the payment
of the principal of and the interest on any State bonds, in any
of the following:
(1) Bonds, notes, certificates of indebtedness,
Treasury bills, or other securities now or hereafter
issued that are guaranteed by the full faith and credit of
the United States of America as to principal and interest.
(2) Bonds, notes, debentures, or other similar
obligations of the United States of America, its agencies,
and instrumentalities, or other obligations that are
issued or guaranteed by supranational entities; provided,
that at the time of investment, the entity has the United
States government as a shareholder.
(2.5) Bonds, notes, debentures, or other similar
obligations of a foreign government, other than the
Republic of the Sudan, that are guaranteed by the full
faith and credit of that government as to principal and
interest, but only if the foreign government has not
defaulted and has met its payment obligations in a timely

manner on all similar obligations for a period of at least
25 years immediately before the time of acquiring those
obligations.
(3) Interest-bearing savings accounts,
interest-bearing certificates of deposit,
interest-bearing time deposits, or any other investments
constituting direct obligations of any bank as defined by
the Illinois Banking Act.
(4) Interest-bearing accounts, certificates of
deposit, or any other investments constituting direct
obligations of any savings and loan associations
incorporated under the laws of this State or any other
state or under the laws of the United States.
(5) Dividend-bearing share accounts, share certificate
accounts, or class of share accounts of a credit union
chartered under the laws of this State or the laws of the
United States; provided, however, the principal office of
the credit union must be located within the State of
Illinois.
(6) Bankers' acceptances of banks whose senior
obligations are rated in the top 2 rating categories by 2
national rating agencies and maintain that rating during
the term of the investment and the bank has not been placed
on the list of restricted companies by the Illinois
Investment Policy Board under Section 1-110.16 of the
Illinois Pension Code.

(7) Short-term obligations of either corporations or
limited liability companies organized in the United States
with assets exceeding $500,000,000 if (i) the obligations
are rated at the time of purchase at one of the 3 highest
classifications established by at least 2 standard rating
services and mature not later than 270 days from the date
of purchase, (ii) the purchases do not exceed 10% of the
corporation's or the limited liability company's
outstanding obligations, (iii) no more than one-third of
the public agency's funds are invested in short-term
obligations of either corporations or limited liability
companies, and (iv) the corporation or the limited
liability company has not been placed on the list of
restricted companies by the Illinois Investment Policy
Board under Section 1-110.16 of the Illinois Pension Code.
(7.5) Obligations of either corporations or limited
liability companies organized in the United States, that
have a significant presence in this State, with assets
exceeding $500,000,000 if: (i) the obligations are rated
at the time of purchase at one of the 3 highest
classifications established by at least 2 standard rating
services and mature more than 270 days, but less than 10
years, from the date of purchase; (ii) the purchases do
not exceed 10% of the corporation's or the limited
liability company's outstanding obligations; (iii) no more
than one-third of the public agency's funds are invested

in such obligations of corporations or limited liability
companies; and (iv) the corporation or the limited
liability company has not been placed on the list of
restricted companies by the Illinois Investment Policy
Board under Section 1-110.16 of the Illinois Pension Code.
(8) Money market mutual funds registered under the
Investment Company Act of 1940.
(9) The Public Treasurers' Investment Pool created
under Section 17 of the State Treasurer Act or in a fund
managed, operated, and administered by a bank.
(10) Repurchase agreements of government securities
having the meaning set out in the Government Securities
Act of 1986, as now or hereafter amended or succeeded,
subject to the provisions of that Act and the regulations
issued thereunder.
(11) Investments made in accordance with the
Technology Development Act.
(12) Investments made in accordance with the Student
Investment Account Act.
(13) Investments constituting direct obligations of a
community development financial institution, which is
certified by the United States Treasury Community
Development Financial Institutions Fund and is operating
in the State of Illinois.
(14) Investments constituting direct obligations of a
minority depository institution, as designated by the

Federal Deposit Insurance Corporation, that is operating
in the State of Illinois.
(15) (13) Investments made in accordance with any
other law that authorizes the State Treasurer to invest or
deposit funds.
For purposes of this Section, "agencies" of the United
States Government includes:
(i) the federal land banks, federal intermediate
credit banks, banks for cooperatives, federal farm credit
banks, or any other entity authorized to issue debt
obligations under the Farm Credit Act of 1971 (12 U.S.C.
2001 et seq.) and Acts amendatory thereto;
(ii) the federal home loan banks and the federal home
loan mortgage corporation;
(iii) the Commodity Credit Corporation; and
(iv) any other agency created by Act of Congress.
The State Treasurer may lend any securities acquired under
this Act. However, securities may be lent under this Section
only in accordance with Federal Financial Institution
Examination Council guidelines and only if the securities are
collateralized at a level sufficient to assure the safety of
the securities, taking into account market value fluctuation.
The securities may be collateralized by cash or collateral
acceptable under Sections 11 and 11.1.
(Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19;
101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff.

8-6-21; 102-558, eff. 8-20-21; revised 10-6-21.)
Section 95. The Civil Administrative Code of Illinois is
amended by changing Section 5-715 as follows:
(20 ILCS 5/5-715)
Sec. 5-715. Expedited licensure for service members and
spouses.
(a) In this Section, "service member" means any person
who, at the time of application under this Section, is an
active duty member of the United States Armed Forces or any
reserve component of the United States Armed Forces, the Coast
Guard, or the National Guard of any state, commonwealth, or
territory of the United States or the District of Columbia or
whose active duty service concluded within the preceding 2
years before application.
(a-5) The Department of Financial and Professional
Regulation shall within 180 days after January 1, 2020 (the
effective date of Public Act 101-240) designate one staff
member as the military liaison within the Department of
Financial and Professional Regulation to ensure proper
enactment of the requirements of this Section. The military
liaison's responsibilities shall also include, but are not
limited to: (1) the management of all expedited applications
to ensure processing within 30 days after receipt of a
completed application; (2) coordination with all military

installation military and family support center directors
within this State, including virtual, phone, or in-person
periodic meetings with each military installation military and
family support center; and (3) training by the military
liaison to all directors of each division that issues an
occupational or professional license to ensure proper
application of this Section. At the end of each calendar year,
the military liaison shall provide an annual report
documenting the expedited licensure program for service
members and spouses, and shall deliver that report to the
Secretary of Financial and Professional Regulation and the
Lieutenant Governor.
(b) Each director of a department that issues an
occupational or professional license is authorized to and
shall issue an expedited license to a service member who meets
the requirements under this Section. Review and determination
of an application for a license issued by the department shall
be expedited by the department within 30 days after the date on
which the department receives all necessary documentation
required for licensure, including any required information
from State and federal agencies. An expedited license shall be
issued by the department to any service members meeting the
application requirements of this Section, regardless of
whether the service member currently resides in this State.
The service member shall apply to the department on forms
provided by the department. An application must include proof

that:
(1) the applicant is a service member;
(2) the applicant holds a valid license in good
standing for the occupation or profession issued by
another state, commonwealth, possession, or territory of
the United States, the District of Columbia, or any
foreign jurisdiction;
(2.5) the applicant meets the requirements and
standards for licensure through endorsement or reciprocity
for the occupation or profession for which the applicant
is applying;
(3) the applicant is assigned to a duty station in
this State, has established legal residence in this State,
or will reside in this State within 6 months after the date
of application for licensure;
(4) a complete set of the applicant's fingerprints has
been submitted to the Illinois State Police for statewide
and national criminal history checks, if applicable to the
requirements of the department issuing the license; the
applicant shall pay the fee to the Illinois State Police
or to the fingerprint vendor for electronic fingerprint
processing; no temporary occupational or professional
license shall be issued to an applicant if the statewide
or national criminal history check discloses information
that would cause the denial of an application for
licensure under any applicable occupational or

professional licensing Act;
(5) the applicant is not ineligible for licensure
pursuant to Section 2105-165 of the Civil Administrative
Code of Illinois;
(6) the applicant has submitted an application for
full licensure; and
(7) the applicant has paid the required fee; fees
shall not be refundable.
(c) Each director of a department that issues an
occupational or professional license is authorized to and
shall issue an expedited license to the spouse of a service
member who meets the requirements under this Section. Review
and determination of an application for a license shall be
expedited by the department within 30 days after the date on
which the department receives all necessary documentation
required for licensure, including information from State and
federal agencies. An expedited license shall be issued by the
department to any spouse of a service member meeting the
application requirements of this Section, regardless of
whether the spouse or the service member currently resides
reside in this State. The spouse of a service member shall
apply to the department on forms provided by the department.
An application must include proof that:
(1) the applicant is the spouse of a service member;
(2) the applicant holds a valid license in good
standing for the occupation or profession issued by

another state, commonwealth, possession, or territory of
the United States, the District of Columbia, or any
foreign jurisdiction;
(2.5) the applicant meets the requirements and
standards for licensure through endorsement or reciprocity
for the occupation or profession for which the applicant
is applying;
(3) the applicant's spouse is assigned to a duty
station in this State, has established legal residence in
this State, or will reside in this State within 6 months
after the date of application for licensure;
(4) a complete set of the applicant's fingerprints has
been submitted to the Illinois State Police for statewide
and national criminal history checks, if applicable to the
requirements of the department issuing the license; the
applicant shall pay the fee to the Illinois State Police
or to the fingerprint vendor for electronic fingerprint
processing; no temporary occupational or professional
license shall be issued to an applicant if the statewide
or national criminal history check discloses information
that would cause the denial of an application for
licensure under any applicable occupational or
professional licensing Act;
(5) the applicant is not ineligible for licensure
pursuant to Section 2105-165 of the Civil Administrative
Code of Illinois;

(6) the applicant has submitted an application for
full licensure; and
(7) the applicant has paid the required fee; fees
shall not be refundable.
(c-5) If a service member or his or her spouse relocates
from this State, he or she shall be provided an opportunity to
place his or her license in inactive status through
coordination with the military liaison. If the service member
or his or her spouse returns to this State, he or she may
reactivate the license in accordance with the statutory
provisions regulating the profession and any applicable
administrative rules. The license reactivation shall be
expedited and completed within 30 days after receipt of a
completed application to reactivate the license. A license
reactivation is only applicable when the valid license for
which the first issuance of a license was predicated is still
valid and in good standing. An application to reactivate a
license must include proof that the applicant still holds a
valid license in good standing for the occupation or
profession issued in another State, commonwealth, possession,
or territory of the United States, the District of Columbia,
or any foreign jurisdiction.
(d) All relevant experience of a service member or his or
her spouse in the discharge of official duties, including
full-time and part-time experience, shall be credited in the
calculation of any years of practice in an occupation or

profession as may be required under any applicable
occupational or professional licensing Act. All relevant
training provided by the military and completed by a service
member shall be credited to that service member as meeting any
training or education requirement under any applicable
occupational or professional licensing Act, provided that the
training or education is determined by the department to meet
the requirements under any applicable Act and is not otherwise
contrary to any other licensure requirement.
(e) A department may adopt any rules necessary for the
implementation and administration of this Section and shall by
rule provide for fees for the administration of this Section.
(Source: P.A. 101-240, eff. 1-1-20; 102-384, eff. 1-1-22;
102-538, eff. 8-20-21; revised 1-15-22.)
Section 100. The Substance Use Disorder Act is amended by
changing Section 30-5 as follows:
(20 ILCS 301/30-5)
Sec. 30-5. Patients' rights established.
(a) For purposes of this Section, "patient" means any
person who is receiving or has received early intervention,
treatment, or other recovery support services under this Act
or any category of service licensed as "intervention" under
this Act.
(b) No patient shall be deprived of any rights, benefits,

or privileges guaranteed by law, the Constitution of the
United States of America, or the Constitution of the State of
Illinois solely because of his or her status as a patient.
(c) Persons who have substance use disorders who are also
suffering from medical conditions shall not be discriminated
against in admission or treatment by any hospital that
receives support in any form supported in whole or in part by
funds appropriated to any State department or agency.
(d) Every patient shall have impartial access to services
without regard to race, religion, sex, ethnicity, age, sexual
orientation, gender identity, marital status, or other
disability.
(e) Patients shall be permitted the free exercise of
religion.
(f) Every patient's personal dignity shall be recognized
in the provision of services, and a patient's personal privacy
shall be assured and protected within the constraints of his
or her individual treatment.
(g) Treatment services shall be provided in the least
restrictive environment possible.
(h) Each patient receiving treatment services shall be
provided an individual treatment plan, which shall be
periodically reviewed and updated as mandated by
administrative rule.
(i) Treatment shall be person-centered, meaning that every
patient shall be permitted to participate in the planning of

his or her total care and medical treatment to the extent that
his or her condition permits.
(j) A person shall not be denied treatment solely because
he or she has withdrawn from treatment against medical advice
on a prior occasion or had prior treatment episodes.
(k) The patient in residential treatment shall be
permitted visits by family and significant others, unless such
visits are clinically contraindicated.
(l) A patient in residential treatment shall be allowed to
conduct private telephone conversations with family and
friends unless clinically contraindicated.
(m) A patient in residential treatment shall be permitted
to send and receive mail without hindrance, unless clinically
contraindicated.
(n) A patient shall be permitted to manage his or her own
financial affairs unless the patient or the patient's
guardian, or if the patient is a minor, the patient's parent,
authorizes another competent person to do so.
(o) A patient shall be permitted to request the opinion of
a consultant at his or her own expense, or to request an
in-house review of a treatment plan, as provided in the
specific procedures of the provider. A treatment provider is
not liable for the negligence of any consultant.
(p) Unless otherwise prohibited by State or federal law,
every patient shall be permitted to obtain from his or her own
physician, the treatment provider, or the treatment provider's

consulting physician complete and current information
concerning the nature of care, procedures, and treatment that
he or she will receive.
(q) A patient shall be permitted to refuse to participate
in any experimental research or medical procedure without
compromising his or her access to other, non-experimental
services. Before a patient is placed in an experimental
research or medical procedure, the provider must first obtain
his or her informed written consent or otherwise comply with
the federal requirements regarding the protection of human
subjects contained in 45 CFR C.F.R. Part 46.
(r) All medical treatment and procedures shall be
administered as ordered by a physician and in accordance with
all Department rules.
(s) Every patient in treatment shall be permitted to
refuse medical treatment and to know the consequences of such
action. Such refusal by a patient shall free the treatment
licensee from the obligation to provide the treatment.
(t) Unless otherwise prohibited by State or federal law,
every patient, patient's guardian, or parent, if the patient
is a minor, shall be permitted to inspect and copy all clinical
and other records kept by the intervention or treatment
licensee or by his or her physician concerning his or her care
and maintenance. The licensee or physician may charge a
reasonable fee for the duplication of a record.
(u) No owner, licensee, administrator, employee, or agent

of a licensed intervention or treatment program shall abuse or
neglect a patient. It is the duty of any individual who becomes
aware of such abuse or neglect to report it to the Department
immediately.
(v) The licensee may refuse access to any person if the
actions of that person are or could be injurious to the health
and safety of a patient or the licensee, or if the person seeks
access for commercial purposes.
(w) All patients admitted to community-based treatment
facilities shall be considered voluntary treatment patients
and such patients shall not be contained within a locked
setting.
(x) Patients and their families or legal guardians shall
have the right to present complaints to the provider or the
Department concerning the quality of care provided to the
patient, without threat of discharge or reprisal in any form
or manner whatsoever. The complaint process and procedure
shall be adopted by the Department by rule. The treatment
provider shall have in place a mechanism for receiving and
responding to such complaints, and shall inform the patient
and the patient's family or legal guardian of this mechanism
and how to use it. The provider shall analyze any complaint
received and, when indicated, take appropriate corrective
action. Every patient and his or her family member or legal
guardian who makes a complaint shall receive a timely response
from the provider that substantively addresses the complaint.

The provider shall inform the patient and the patient's family
or legal guardian about other sources of assistance if the
provider has not resolved the complaint to the satisfaction of
the patient or the patient's family or legal guardian.
(y) A patient may refuse to perform labor at a program
unless such labor is a part of the patient's individual
treatment plan as documented in the patient's clinical record.
(z) A person who is in need of services may apply for
voluntary admission in the manner and with the rights provided
for under regulations promulgated by the Department. If a
person is refused admission, then staff, subject to rules
promulgated by the Department, shall refer the person to
another facility or to other appropriate services.
(aa) No patient shall be denied services based solely on
HIV status. Further, records and information governed by the
AIDS Confidentiality Act and the AIDS Confidentiality and
Testing Code (77 Ill. Adm. Code 697) shall be maintained in
accordance therewith.
(bb) Records of the identity, diagnosis, prognosis or
treatment of any patient maintained in connection with the
performance of any service or activity relating to substance
use disorder education, early intervention, intervention,
training, or treatment that is regulated, authorized, or
directly or indirectly assisted by any Department or agency of
this State or under any provision of this Act shall be
confidential and may be disclosed only in accordance with the

provisions of federal law and regulations concerning the
confidentiality of substance use disorder patient records as
contained in 42 U.S.C. Sections 290dd-2 and 42 CFR C.F.R. Part
2, or any successor federal statute or regulation.
(1) The following are exempt from the confidentiality
protections set forth in 42 CFR C.F.R. Section 2.12(c):
(A) Veteran's Administration records.
(B) Information obtained by the Armed Forces.
(C) Information given to qualified service
organizations.
(D) Communications within a program or between a
program and an entity having direct administrative
control over that program.
(E) Information given to law enforcement personnel
investigating a patient's commission of a crime on the
program premises or against program personnel.
(F) Reports under State law of incidents of
suspected child abuse and neglect; however,
confidentiality restrictions continue to apply to the
records and any follow-up information for disclosure
and use in civil or criminal proceedings arising from
the report of suspected abuse or neglect.
(2) If the information is not exempt, a disclosure can
be made only under the following circumstances:
(A) With patient consent as set forth in 42 CFR
C.F.R. Sections 2.1(b)(1) and 2.31, and as consistent

with pertinent State law.
(B) For medical emergencies as set forth in 42 CFR
C.F.R. Sections 2.1(b)(2) and 2.51.
(C) For research activities as set forth in 42 CFR
C.F.R. Sections 2.1(b)(2) and 2.52.
(D) For audit evaluation activities as set forth
in 42 CFR C.F.R. Section 2.53.
(E) With a court order as set forth in 42 CFR
C.F.R. Sections 2.61 through 2.67.
(3) The restrictions on disclosure and use of patient
information apply whether the holder of the information
already has it, has other means of obtaining it, is a law
enforcement or other official, has obtained a subpoena, or
asserts any other justification for a disclosure or use
that is not permitted by 42 CFR C.F.R. Part 2. Any court
orders authorizing disclosure of patient records under
this Act must comply with the procedures and criteria set
forth in 42 CFR C.F.R. Sections 2.64 and 2.65. Except as
authorized by a court order granted under this Section, no
record referred to in this Section may be used to initiate
or substantiate any charges against a patient or to
conduct any investigation of a patient.
(4) The prohibitions of this subsection shall apply to
records concerning any person who has been a patient,
regardless of whether or when the person ceases to be a
patient.

(5) Any person who discloses the content of any record
referred to in this Section except as authorized shall,
upon conviction, be guilty of a Class A misdemeanor.
(6) The Department shall prescribe regulations to
carry out the purposes of this subsection. These
regulations may contain such definitions, and may provide
for such safeguards and procedures, including procedures
and criteria for the issuance and scope of court orders,
as in the judgment of the Department are necessary or
proper to effectuate the purposes of this Section, to
prevent circumvention or evasion thereof, or to facilitate
compliance therewith.
(cc) Each patient shall be given a written explanation of
all the rights enumerated in this Section and a copy, signed by
the patient, shall be kept in every patient record. If a
patient is unable to read such written explanation, it shall
be read to the patient in a language that the patient
understands. A copy of all the rights enumerated in this
Section shall be posted in a conspicuous place within the
program where it may readily be seen and read by program
patients and visitors.
(dd) The program shall ensure that its staff is familiar
with and observes the rights and responsibilities enumerated
in this Section.
(ee) Licensed organizations shall comply with the right of
any adolescent to consent to treatment without approval of the

parent or legal guardian in accordance with the Consent by
Minors to Health Care Services Medical Procedures Act.
(ff) At the point of admission for services, licensed
organizations must obtain written informed consent, as defined
in Section 1-10 and in administrative rule, from each client,
patient, or legal guardian.
(Source: P.A. 99-143, eff. 7-27-15; 100-759, eff. 1-1-19;
revised 12-1-21.)
Section 105. The Department of Central Management Services
Law of the Civil Administrative Code of Illinois is amended by
by setting forth and renumbering multiple versions of Section
405-535 as follows:
(20 ILCS 405/405-535)
Sec. 405-535. Race and gender wage reports.
(a) Each State agency and public institution of higher
education shall annually submit to the Commission on Equity
and Inclusion a report, categorized by both race and gender,
specifying the respective wage earnings of employees of that
State agency or public institution of higher education.
(b) The Commission shall compile the information submitted
under this Section and make that information available to the
public on the Internet website of the Commission.
(c) The Commission shall annually submit a report of the
information compiled under this Section to the Governor and

the General Assembly.
(d) As used in this Section:
"Public institution of higher education" has the meaning
provided in Section 1 of the Board of Higher Education Act.
"State agency" has the meaning provided in subsection (b)
of Section 405-5.
(Source: P.A. 101-657, Article 25, Section 25-5, eff. 3-23-21;
102-29, eff. 6-25-21.)
(20 ILCS 405/405-536)
Sec. 405-536 405-535. State building municipal
identification card access. Any State-owned building that
requires the display of a State-issued identification card for
the purpose of gaining access to the premises shall, in
addition to other acceptable forms of identification, accept
the use of any Illinois municipal identification card as an
acceptable form of identification for the purpose of entering
the premises. An Illinois municipal identification card may
not be sufficient to access certain secure areas within the
premises and may require additional authorization or
identification at the discretion of the premises' security,
the Department of Central Management Services, or the user
agency.
For the purposes of this Section, "municipal
identification card" means a photo identification card that is
issued by an Illinois municipality, as defined under Section

1-1-2 of the Illinois Municipal Code, in accordance with its
ordinances or codes that consists of the photo, name, and
address of the card holder.
(Source: P.A. 102-561, eff. 1-1-22; revised 10-27-21.)
Section 110. The Personnel Code is amended by changing
Sections 4c and 8b.1 as follows:
(20 ILCS 415/4c) (from Ch. 127, par. 63b104c)
Sec. 4c. General exemptions. The following positions in
State service shall be exempt from jurisdictions A, B, and C,
unless the jurisdictions shall be extended as provided in this
Act:
(1) All officers elected by the people.
(2) All positions under the Lieutenant Governor,
Secretary of State, State Treasurer, State Comptroller,
State Board of Education, Clerk of the Supreme Court,
Attorney General, and State Board of Elections.
(3) Judges, and officers and employees of the courts,
and notaries public.
(4) All officers and employees of the Illinois General
Assembly, all employees of legislative commissions, all
officers and employees of the Illinois Legislative
Reference Bureau and the Legislative Printing Unit.
(5) All positions in the Illinois National Guard and
Illinois State Guard, paid from federal funds or positions

in the State Military Service filled by enlistment and
paid from State funds.
(6) All employees of the Governor at the executive
mansion and on his immediate personal staff.
(7) Directors of Departments, the Adjutant General,
the Assistant Adjutant General, the Director of the
Illinois Emergency Management Agency, members of boards
and commissions, and all other positions appointed by the
Governor by and with the consent of the Senate.
(8) The presidents, other principal administrative
officers, and teaching, research and extension faculties
of Chicago State University, Eastern Illinois University,
Governors State University, Illinois State University,
Northeastern Illinois University, Northern Illinois
University, Western Illinois University, the Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, University of
Illinois, State Universities Civil Service System,
University Retirement System of Illinois, and the
administrative officers and scientific and technical staff
of the Illinois State Museum.
(9) All other employees except the presidents, other
principal administrative officers, and teaching, research
and extension faculties of the universities under the
jurisdiction of the Board of Regents and the colleges and
universities under the jurisdiction of the Board of

Governors of State Colleges and Universities, Illinois
Community College Board, Southern Illinois University,
Illinois Board of Higher Education, Board of Governors of
State Colleges and Universities, the Board of Regents,
University of Illinois, State Universities Civil Service
System, University Retirement System of Illinois, so long
as these are subject to the provisions of the State
Universities Civil Service Act.
(10) The Illinois State Police so long as they are
subject to the merit provisions of the Illinois State
Police Act. Employees of the Illinois State Police Merit
Board are subject to the provisions of this Code.
(11) (Blank).
(12) The technical and engineering staffs of the
Department of Transportation, the Department of Nuclear
Safety, the Pollution Control Board, and the Illinois
Commerce Commission, and the technical and engineering
staff providing architectural and engineering services in
the Department of Central Management Services.
(13) All employees of the Illinois State Toll Highway
Authority.
(14) The Secretary of the Illinois Workers'
Compensation Commission.
(15) All persons who are appointed or employed by the
Director of Insurance under authority of Section 202 of
the Illinois Insurance Code to assist the Director of

Insurance in discharging his responsibilities relating to
the rehabilitation, liquidation, conservation, and
dissolution of companies that are subject to the
jurisdiction of the Illinois Insurance Code.
(16) All employees of the St. Louis Metropolitan Area
Airport Authority.
(17) All investment officers employed by the Illinois
State Board of Investment.
(18) Employees of the Illinois Young Adult
Conservation Corps program, administered by the Illinois
Department of Natural Resources, authorized grantee under
Title VIII of the Comprehensive Employment and Training
Act of 1973, 29 U.S.C. USC 993.
(19) Seasonal employees of the Department of
Agriculture for the operation of the Illinois State Fair
and the DuQuoin State Fair, no one person receiving more
than 29 days of such employment in any calendar year.
(20) All "temporary" employees hired under the
Department of Natural Resources' Illinois Conservation
Service, a youth employment program that hires young
people to work in State parks for a period of one year or
less.
(21) All hearing officers of the Human Rights
Commission.
(22) All employees of the Illinois Mathematics and
Science Academy.

(23) All employees of the Kankakee River Valley Area
Airport Authority.
(24) The commissioners and employees of the Executive
Ethics Commission.
(25) The Executive Inspectors General, including
special Executive Inspectors General, and employees of
each Office of an Executive Inspector General.
(26) The commissioners and employees of the
Legislative Ethics Commission.
(27) The Legislative Inspector General, including
special Legislative Inspectors General, and employees of
the Office of the Legislative Inspector General.
(28) The Auditor General's Inspector General and
employees of the Office of the Auditor General's Inspector
General.
(29) All employees of the Illinois Power Agency.
(30) Employees having demonstrable, defined advanced
skills in accounting, financial reporting, or technical
expertise who are employed within executive branch
agencies and whose duties are directly related to the
submission to the Office of the Comptroller of financial
information for the publication of the Comprehensive
Annual Financial Report.
(31) All employees of the Illinois Sentencing Policy
Advisory Council.
(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;

102-538, eff. 8-20-21; revised 10-5-21.)
(20 ILCS 415/8b.1) (from Ch. 127, par. 63b108b.1)
Sec. 8b.1. For open competitive examinations to test the
relative fitness of applicants for the respective positions.
Tests shall be designed to eliminate those who are not
qualified for entrance into or promotion within the service,
and to discover the relative fitness of those who are
qualified. The Director may use any one of or any combination
of the following examination methods which in his judgment
best serves this end: investigation of education;
investigation of experience; test of cultural knowledge; test
of capacity; test of knowledge; test of manual skill; test of
linguistic ability; test of character; test of physical
fitness; test of psychological fitness. No person with a
record of misdemeanor convictions except those under Sections
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
11-14.3, and paragraphs (1), (6), and (8) of subsection (a)
sub-sections 1, 6 and 8 of Section 24-1 of the Criminal Code of
1961 or the Criminal Code of 2012, or arrested for any cause
but not convicted thereon shall be disqualified from taking
such examinations or subsequent appointment, unless the person
is attempting to qualify for a position which would give him

the powers of a peace officer, in which case the person's
conviction or arrest record may be considered as a factor in
determining the person's fitness for the position. The
eligibility conditions specified for the position of Assistant
Director of Healthcare and Family Services in the Department
of Healthcare and Family Services in Section 5-230 of the
Departments of State Government Law of the Civil
Administrative Code of Illinois (20 ILCS 5/5-230) shall be
applied to that position in addition to other standards, tests
or criteria established by the Director. All examinations
shall be announced publicly at least 2 weeks in advance of the
date of the examinations and may be advertised through the
press, radio and other media. The Director may, however, in
his discretion, continue to receive applications and examine
candidates long enough to assure a sufficient number of
eligibles to meet the needs of the service and may add the
names of successful candidates to existing eligible lists in
accordance with their respective ratings.
The Director may, in his discretion, accept the results of
competitive examinations conducted by any merit system
established by federal law or by the law of any state State,
and may compile eligible lists therefrom or may add the names
of successful candidates in examinations conducted by those
merit systems to existing eligible lists in accordance with
their respective ratings. No person who is a non-resident of
the State of Illinois may be appointed from those eligible

lists, however, unless the requirement that applicants be
residents of the State of Illinois is waived by the Director of
Central Management Services and unless there are less than 3
Illinois residents available for appointment from the
appropriate eligible list. The results of the examinations
conducted by other merit systems may not be used unless they
are comparable in difficulty and comprehensiveness to
examinations conducted by the Department of Central Management
Services for similar positions. Special linguistic options may
also be established where deemed appropriate.
When an agency requests an open competitive eligible list
from the Department, the Director shall also provide to the
agency a Successful Disability Opportunities Program eligible
candidate list.
(Source: P.A. 101-192, eff. 1-1-20; revised 12-2-21.)
Section 115. The Children and Family Services Act is
amended by changing Section 7.3a as follows:
(20 ILCS 505/7.3a)
Sec. 7.3a. Normalcy parenting for children in foster care;
participation in childhood activities.
(a) Legislative findings.
(1) Every day parents make important decisions about
their child's participation in extracurricular activities.
Caregivers for children in out-of-home care are faced with

making the same decisions.
(2) When a caregiver makes decisions, he or she must
consider applicable laws, rules, and regulations to
safeguard the health, safety, and best interests of a
child in out-of-home care.
(3) Participation in extracurricular activities is
important to a child's well-being, not only emotionally,
but also in developing valuable life skills.
(4) The General Assembly recognizes the importance of
making every effort to normalize the lives of children in
out-of-home care and to empower a caregiver to approve or
not approve a child's participation in appropriate
extracurricular activities based on the caregiver's own
assessment using the reasonable and prudent parent
standard, without prior approval of the Department, the
caseworker, or the court.
(5) Nothing in this Section shall be presumed to
discourage or diminish the engagement of families and
guardians in the child's life activities.
(b) Definitions. As used in this Section:
"Appropriate activities" means activities or items that
are generally accepted as suitable for children of the same
chronological age or developmental level of maturity.
Appropriateness is based on the development of cognitive,
emotional, physical, and behavioral capacity that is typical
for an age or age group, taking into account the individual

child's cognitive, emotional, physical, and behavioral
development.
"Caregiver" means a person with whom the child is placed
in out-of-home care or a designated official for child care
facilities licensed by the Department as defined in the Child
Care Act of 1969.
"Reasonable and prudent parent standard" means the
standard characterized by careful and sensible parental
decisions that maintain the child's health, safety, and best
interests while at the same time supporting the child's
emotional and developmental growth that a caregiver shall use
when determining whether to allow a child in out-of-home care
to participate in extracurricular, enrichment, cultural, and
social activities.
(c) Requirements for decision-making.
(1) Each child who comes into the care and custody of
the Department is fully entitled to participate in
appropriate extracurricular, enrichment, cultural, and
social activities in a manner that allows that child to
participate in his or her community to the fullest extent
possible.
(2) Caregivers must use the reasonable and prudent
parent standard in determining whether to give permission
for a child in out-of-home care to participate in
appropriate extracurricular, enrichment, cultural, and
social activities. Caregivers are expected to promote and

support a child's participation in such activities. When
using the reasonable and prudent parent standard, the
caregiver shall consider:
(A) the child's age, maturity, and developmental
level to promote the overall health, safety, and best
interests of the child;
(B) the best interest of the child based on
information known by the caregiver;
(C) the importance and fundamental value of
encouraging the child's emotional and developmental
growth gained through participation in activities in
his or her community;
(D) the importance and fundamental value of
providing the child with the most family-like living
experience possible; and
(E) the behavioral history of the child and the
child's ability to safely participate in the proposed
activity.
(3) A caregiver is not liable for harm caused to a
child in out-of-home care who participates in an activity
approved by the caregiver, provided that the caregiver has
acted as a reasonable and prudent parent in permitting the
child to engage in the activity.
(c-5) No youth in care shall be required to store his or
her belongings in plastic bags or in similar forms of
disposable containers, including, but not limited to, trash

bags, paper or plastic shopping bags, or pillow cases when
relocating from one placement type to another placement type
or when discharged from the custody or guardianship of the
Department. The Department shall ensure that each youth in
care has appropriate baggage and other items to store his or
her belongings when moving through the State's child welfare
system. As used in this subsection, "purchase of service
agency" means any entity that contracts with the Department to
provide services that are consistent with the purposes of this
Act.
(d) Rulemaking. The Department shall adopt, by rule,
procedures no later than June 1, 2017 that promote and protect
the ability of children to participate in appropriate
extracurricular, enrichment, cultural, and social activities.
(e) The Department shall ensure that every youth in care
who is entering his or her final year of high school has
completed a Free Application for Federal Student Aid form, if
applicable, or an application for State financial aid on or
after October 1, but no later than November 1, of the youth's
final year of high school.
(Source: P.A. 102-70, eff. 1-1-22; 102-545, eff. 1-1-22;
revised 10-5-21.)
Section 120. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by setting forth and renumbering multiple versions

of Section 605-1055 and by changing Section 605-1057 as
follows:
(20 ILCS 605/605-1055)
Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
(a) There is established the Illinois Small Business
Innovation Research (SBIR) and Small Business Technology
Transfer (STTR) Matching Funds Program to be administered by
the Department. In order to foster job creation and economic
development in the State, the Department may make grants to
eligible businesses to match funds received by the business as
an SBIR or STTR Phase I award and to encourage businesses to
apply for Phase II awards.
(b) In order to be eligible for a grant under this Section,
a business must satisfy all of the following conditions:
(1) The business must be a for-profit, Illinois-based
business. For the purposes of this Section, an
Illinois-based business is one that has its principal
place of business in this State;
(2) The business must have received an SBIR/STTR Phase
I award from a participating federal agency in response to
a specific federal solicitation. To receive the full
match, the business must also have submitted a final Phase
I report, demonstrated that the sponsoring agency has
interest in the Phase II proposal, and submitted a Phase
II proposal to the agency.

(3) The business must satisfy all federal SBIR/STTR
requirements.
(4) The business shall not receive concurrent funding
support from other sources that duplicates the purpose of
this Section.
(5) The business must certify that at least 51% of the
research described in the federal SBIR/STTR Phase II
proposal will be conducted in this State and that the
business will remain an Illinois-based business for the
duration of the SBIR/STTR Phase II project.
(6) The business must demonstrate its ability to
conduct research in its SBIR/STTR Phase II proposal.
(c) The Department may award grants to match the funds
received by a business through an SBIR/STTR Phase I proposal
up to a maximum of $50,000. Seventy-five percent of the total
grant shall be remitted to the business upon receipt of the
SBIR/STTR Phase I award and application for funds under this
Section. Twenty-five percent of the total grant shall be
remitted to the business upon submission by the business of
the Phase II application to the funding agency and acceptance
of the Phase I report by the funding agency. A business may
receive only one grant under this Section per year. A business
may receive only one grant under this Section with respect to
each federal proposal submission. Over its lifetime, a
business may receive a maximum of 5 awards under this Section.
(d) A business shall apply, under oath, to the Department

for a grant under this Section on a form prescribed by the
Department that includes at least all of the following:
(1) the name of the business, the form of business
organization under which it is operated, and the names and
addresses of the principals or management of the business;
(2) an acknowledgment of receipt of the Phase I report
and Phase II proposal by the relevant federal agency; and
(3) any other information necessary for the Department
to evaluate the application.
(Source: P.A. 101-657, eff. 3-23-21.)
(20 ILCS 605/605-1057)
(Section scheduled to be repealed on July 1, 2031)
Sec. 605-1057. State-designated cultural districts.
(a) As used in this Section, "State-designated cultural
district" means a geographical area certified under this
Section that has a distinct, historic, and cultural identity.
Municipalities or 501(c)(3) organizations working on behalf of
a certified geographical area should seek to:
(1) Promote a distinct historic and cultural
community.
(2) Encourage economic development and support
supports entrepreneurship in the geographic area and
community.
(3) Encourage the preservation and development of
historic and culturally significant structures,

traditions, and languages.
(4) Foster local cultural development and education.
(5) Provide a focal point for celebrating and
strengthening the unique cultural identity of the
community.
(6) Promote growth and opportunity without generating
displacement or expanding inequality.
(b) Administrative authority. The Department of Commerce
and Economic Opportunity shall establish criteria and
guidelines for State-designated cultural districts by rule in
accordance with qualifying criteria outlined in subsection
(c). In executing its powers and duties under this Section,
the Department shall:
(1) establish a competitive application system by
which a community may apply for certification as a
State-designated cultural district;
(2) provide technical assistance for State-designated
cultural districts by collaborating with all relevant
offices and grantees of the Department to help them
identify and achieve their goals for cultural
preservation, including, but not limited to, promotional
support of State-designated cultural districts and support
for small businesses looking to access resources;
(3) collaborate with other State agencies, units of
local government, community organizations, and private
entities to maximize the benefits of State-designated

cultural districts; and
(4) establish an advisory committee to advise the
Department on program rules and the certification process.
The advisory committee shall reflect the diversity of the
State of Illinois, including geographic, racial, and
ethnic diversity. The advisory committee must include:
(A) a representative of the Department of Commerce
and Economic Opportunity appointed by the Director;
(B) a representative of the Department of
Agriculture appointed by the Director of Agriculture;
(C) a representative of the Illinois Housing
Development Authority appointed by the Executive
Director of the Illinois Housing Development
Authority;
(D) two members of the House of Representatives
appointed one each by the Speaker of the House of
Representatives and the Minority Leader of the House
of Representatives;
(E) two members of the Senate appointed one each
by the President of the Senate and the Minority Leader
of the Senate; and
(F) four community representatives appointed by
the Governor representing diverse racial, ethnic, and
geographic groups not captured in the membership of
the other designees, with the input of community and
stakeholder groups.

(c) Certification. A geographical area within the State
may be certified as a State-designated cultural district by
applying to the Department for certification. Certification as
a State-designated cultural district shall be for a period of
10 years, after which the district may renew certification
every 5 years. A municipality or 501(c)(3) organization may
apply for certification on behalf of a geographic area. The
applying entity is responsible for complying with reporting
requirements under subsection (f). The Department shall
develop criteria to assess whether an applicant qualifies for
certification under this Section. That criteria must include a
demonstration that the applicant and the community:
(1) have been historically impacted and are currently
at risk of losing their cultural identity because of
gentrification, displacement, or the COVID-19 pandemic;
(2) can demonstrate a history of economic
disinvestment; and
(3) can demonstrate strong community support for the
cultural district designation through active and formal
participation by community organizations and municipal and
regional government agencies or officials.
(d) Each applicant shall be encouraged by the Department
to:
(1) have development plans that include and prioritize
the preservation of local businesses and retention of
existing residents and businesses; and

(2) have an education framework in place informed with
a vision of food justice, social justice, community
sustainability, and social equity.
(e) The Department shall award no more than 5
State-designated cultural districts every year. At no point
shall the total amount of State-designated cultural districts
be more than 15, unless otherwise directed by the Director of
the Department of Commerce and Economic Opportunity in
consultation with the advisory committee.
(f) Within 12 months after being designated a cultural
district, the State-designated cultural district shall submit
a report to the Department detailing its current programs and
goals for the next 4 years of its designation. For each year
thereafter that the district remains a State-designated
cultural district, it shall submit a report to the Department
on the status of the program and future developments of the
district. Any State-designated cultural district that fails to
file a report for 2 consecutive years shall lose its status.
(g) This Section is repealed on July 1, 2031.
(Source: P.A. 102-628, eff. 1-1-22; revised 12-6-21.)
(20 ILCS 605/605-1080)
(Section scheduled to be repealed on January 1, 2024)
Sec. 605-1080 605-1055. Personal care products industry
supplier disparity study.
(a) The Department shall compile and publish a disparity

study by December 31, 2022 that: (1) evaluates whether there
exists intentional discrimination at the supplier or
distribution level for retailers of beauty products,
cosmetics, hair care supplies, and personal care products in
the State of Illinois; and (2) if so, evaluates the impact of
such discrimination on the State and includes recommendations
for reducing or eliminating any barriers to entry to those
wishing to establish businesses at the retail level involving
such products. The Department shall forward a copy of its
findings and recommendations to the General Assembly and
Governor.
(b) The Department may compile, collect, or otherwise
gather data necessary for the administration of this Section
and to carry out the Department's duty relating to the
recommendation of policy changes. The Department shall compile
all of the data into a single report, submit the report to the
Governor and the General Assembly, and publish the report on
its website.
(c) This Section is repealed on January 1, 2024.
(Source: P.A. 101-658, eff. 3-23-21; revised 11-2-21.)
(20 ILCS 605/605-1085)
Sec. 605-1085 605-1055. The Illinois Small Business Fund.
The Illinois Small Business Fund is created as a
nonappropriated separate and apart trust fund in the State
Treasury. The Department shall use moneys in the Fund to

manage proceeds that result from investments that the
Department has undertaken through economic development
programs, including, but not limited to, the Department's
Venture Capital Investment Program. The Department may use
moneys collected to reinvest in small business and economic
development initiatives through grants or loans. The Fund may
receive any grants or other moneys designated for small
business growth from the State, or any unit of federal or local
government, or any other person, firm, partnership, or
corporation. Any interest earnings that are attributable to
moneys in the Fund must be deposited into the Fund.
(Source: P.A. 102-330, eff. 1-1-22; revised 11-2-21.)
(20 ILCS 605/605-1090)
Sec. 605-1090 605-1055. Illinois Innovation Voucher
Program.
(a) The Department is authorized to establish the Illinois
Innovation Voucher Program to be administered in accordance
with this Section for the purpose of fostering research and
development in key industry clusters leading to the creation
of new products and services that can be marketed by Illinois
businesses. Subject to appropriation, the Department may award
innovation vouchers to eligible businesses to offset a portion
of expenses incurred through a collaborative research
engagement with an Illinois institution of higher education.
(b) Subject to appropriation, the Department may award

matching funds in the form of innovation vouchers up to 75% of
the cost of the research engagement not to exceed $75,000. A
business may receive only one innovation voucher under this
Section per year.
(c) The Department, when administering the Program under
this Section:
(1) must encourage participation among small and
mid-sized businesses;
(2) must encourage participation in the Program in
diverse geographic and economic areas, including urban,
suburban, and rural areas of the State; and
(3) must encourage participation in the Program from
businesses that operate in key industries, as defined by
the Department. These industries include, but are not
limited to, the following: (i) agribusiness and agtech;
(ii) energy; (iii) information technology; (iv) life
sciences and healthcare; (v) manufacturing; and (vi)
transportation and logistics.
(d) In order to be eligible for an innovation voucher
under this Section, a business must satisfy all of the
following conditions:
(1) the business must be an Illinois-based business.
For the purposes of this Section, "Illinois-based
business" means a business that has its principal place of
business in this State or that employs at least 100
full-time employees, as defined under Section 5-5 of the

Economic Development for a Growing Economy Tax Credit Act,
in this State;
(2) the business must remain in this State for the
duration of research engagement; and
(3) the partnering institution of higher education
must be an Illinois-based institution of higher education
and non-profit. For the purposes of this Section,
"Illinois-based institution of higher education" means an
institution of higher education that has its main physical
campus in this State.
(e) The Department may adopt any rules necessary to
administer the provisions of this Section.
(Source: P.A. 102-648, eff. 8-27-21; revised 11-2-21.)
Section 125. The Illinois Enterprise Zone Act is amended
by changing Section 5.5 as follows:
(20 ILCS 655/5.5) (from Ch. 67 1/2, par. 609.1)
Sec. 5.5. High Impact Business.
(a) In order to respond to unique opportunities to assist
in the encouragement, development, growth, and expansion of
the private sector through large scale investment and
development projects, the Department is authorized to receive
and approve applications for the designation of "High Impact
Businesses" in Illinois subject to the following conditions:
(1) such applications may be submitted at any time

during the year;
(2) such business is not located, at the time of
designation, in an enterprise zone designated pursuant to
this Act;
(3) the business intends to do one or more of the
following:
(A) the business intends to make a minimum
investment of $12,000,000 which will be placed in
service in qualified property and intends to create
500 full-time equivalent jobs at a designated location
in Illinois or intends to make a minimum investment of
$30,000,000 which will be placed in service in
qualified property and intends to retain 1,500
full-time retained jobs at a designated location in
Illinois. The business must certify in writing that
the investments would not be placed in service in
qualified property and the job creation or job
retention would not occur without the tax credits and
exemptions set forth in subsection (b) of this
Section. The terms "placed in service" and "qualified
property" have the same meanings as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(B) the business intends to establish a new
electric generating facility at a designated location
in Illinois. "New electric generating facility", for

purposes of this Section, means a newly constructed
newly-constructed electric generation plant or a newly
constructed newly-constructed generation capacity
expansion at an existing electric generation plant,
including the transmission lines and associated
equipment that transfers electricity from points of
supply to points of delivery, and for which such new
foundation construction commenced not sooner than July
1, 2001. Such facility shall be designed to provide
baseload electric generation and shall operate on a
continuous basis throughout the year; and (i) shall
have an aggregate rated generating capacity of at
least 1,000 megawatts for all new units at one site if
it uses natural gas as its primary fuel and foundation
construction of the facility is commenced on or before
December 31, 2004, or shall have an aggregate rated
generating capacity of at least 400 megawatts for all
new units at one site if it uses coal or gases derived
from coal as its primary fuel and shall support the
creation of at least 150 new Illinois coal mining
jobs, or (ii) shall be funded through a federal
Department of Energy grant before December 31, 2010
and shall support the creation of Illinois coal-mining
jobs, or (iii) shall use coal gasification or
integrated gasification-combined cycle units that
generate electricity or chemicals, or both, and shall

support the creation of Illinois coal-mining jobs. The
business must certify in writing that the investments
necessary to establish a new electric generating
facility would not be placed in service and the job
creation in the case of a coal-fueled plant would not
occur without the tax credits and exemptions set forth
in subsection (b-5) of this Section. The term "placed
in service" has the same meaning as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(B-5) the business intends to establish a new
gasification facility at a designated location in
Illinois. As used in this Section, "new gasification
facility" means a newly constructed coal gasification
facility that generates chemical feedstocks or
transportation fuels derived from coal (which may
include, but are not limited to, methane, methanol,
and nitrogen fertilizer), that supports the creation
or retention of Illinois coal-mining jobs, and that
qualifies for financial assistance from the Department
before December 31, 2010. A new gasification facility
does not include a pilot project located within
Jefferson County or within a county adjacent to
Jefferson County for synthetic natural gas from coal;
or
(C) the business intends to establish production

operations at a new coal mine, re-establish production
operations at a closed coal mine, or expand production
at an existing coal mine at a designated location in
Illinois not sooner than July 1, 2001; provided that
the production operations result in the creation of
150 new Illinois coal mining jobs as described in
subdivision (a)(3)(B) of this Section, and further
provided that the coal extracted from such mine is
utilized as the predominant source for a new electric
generating facility. The business must certify in
writing that the investments necessary to establish a
new, expanded, or reopened coal mine would not be
placed in service and the job creation would not occur
without the tax credits and exemptions set forth in
subsection (b-5) of this Section. The term "placed in
service" has the same meaning as described in
subsection (h) of Section 201 of the Illinois Income
Tax Act; or
(D) the business intends to construct new
transmission facilities or upgrade existing
transmission facilities at designated locations in
Illinois, for which construction commenced not sooner
than July 1, 2001. For the purposes of this Section,
"transmission facilities" means transmission lines
with a voltage rating of 115 kilovolts or above,
including associated equipment, that transfer

electricity from points of supply to points of
delivery and that transmit a majority of the
electricity generated by a new electric generating
facility designated as a High Impact Business in
accordance with this Section. The business must
certify in writing that the investments necessary to
construct new transmission facilities or upgrade
existing transmission facilities would not be placed
in service without the tax credits and exemptions set
forth in subsection (b-5) of this Section. The term
"placed in service" has the same meaning as described
in subsection (h) of Section 201 of the Illinois
Income Tax Act; or
(E) the business intends to establish a new wind
power facility at a designated location in Illinois.
For purposes of this Section, "new wind power
facility" means a newly constructed electric
generation facility, a newly constructed expansion of
an existing electric generation facility, or the
replacement of an existing electric generation
facility, including the demolition and removal of an
electric generation facility irrespective of whether
it will be replaced, placed in service or replaced on
or after July 1, 2009, that generates electricity
using wind energy devices, and such facility shall be
deemed to include any permanent structures associated

with the electric generation facility and all
associated transmission lines, substations, and other
equipment related to the generation of electricity
from wind energy devices. For purposes of this
Section, "wind energy device" means any device, with a
nameplate capacity of at least 0.5 megawatts, that is
used in the process of converting kinetic energy from
the wind to generate electricity; or
(E-5) the business intends to establish a new
utility-scale solar facility at a designated location
in Illinois. For purposes of this Section, "new
utility-scale solar power facility" means a newly
constructed electric generation facility, or a newly
constructed expansion of an existing electric
generation facility, placed in service on or after
July 1, 2021, that (i) generates electricity using
photovoltaic cells and (ii) has a nameplate capacity
that is greater than 5,000 kilowatts, and such
facility shall be deemed to include all associated
transmission lines, substations, energy storage
facilities, and other equipment related to the
generation and storage of electricity from
photovoltaic cells; or
(F) the business commits to (i) make a minimum
investment of $500,000,000, which will be placed in
service in a qualified property, (ii) create 125

full-time equivalent jobs at a designated location in
Illinois, (iii) establish a fertilizer plant at a
designated location in Illinois that complies with the
set-back standards as described in Table 1: Initial
Isolation and Protective Action Distances in the 2012
Emergency Response Guidebook published by the United
States Department of Transportation, (iv) pay a
prevailing wage for employees at that location who are
engaged in construction activities, and (v) secure an
appropriate level of general liability insurance to
protect against catastrophic failure of the fertilizer
plant or any of its constituent systems; in addition,
the business must agree to enter into a construction
project labor agreement including provisions
establishing wages, benefits, and other compensation
for employees performing work under the project labor
agreement at that location; for the purposes of this
Section, "fertilizer plant" means a newly constructed
or upgraded plant utilizing gas used in the production
of anhydrous ammonia and downstream nitrogen
fertilizer products for resale; for the purposes of
this Section, "prevailing wage" means the hourly cash
wages plus fringe benefits for training and
apprenticeship programs approved by the U.S.
Department of Labor, Bureau of Apprenticeship and
Training, health and welfare, insurance, vacations and

pensions paid generally, in the locality in which the
work is being performed, to employees engaged in work
of a similar character on public works; this paragraph
(F) applies only to businesses that submit an
application to the Department within 60 days after
July 25, 2013 (the effective date of Public Act
98-109); and
(4) no later than 90 days after an application is
submitted, the Department shall notify the applicant of
the Department's determination of the qualification of the
proposed High Impact Business under this Section.
(b) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(A) of this Section shall
qualify for the credits and exemptions described in the
following Acts: Section 9-222 and Section 9-222.1A of the
Public Utilities Act, subsection (h) of Section 201 of the
Illinois Income Tax Act, and Section 1d of the Retailers'
Occupation Tax Act; provided that these credits and exemptions
described in these Acts shall not be authorized until the
minimum investments set forth in subdivision (a)(3)(A) of this
Section have been placed in service in qualified properties
and, in the case of the exemptions described in the Public
Utilities Act and Section 1d of the Retailers' Occupation Tax
Act, the minimum full-time equivalent jobs or full-time
retained jobs set forth in subdivision (a)(3)(A) of this
Section have been created or retained. Businesses designated

as High Impact Businesses under this Section shall also
qualify for the exemption described in Section 5l of the
Retailers' Occupation Tax Act. The credit provided in
subsection (h) of Section 201 of the Illinois Income Tax Act
shall be applicable to investments in qualified property as
set forth in subdivision (a)(3)(A) of this Section.
(b-5) Businesses designated as High Impact Businesses
pursuant to subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C),
and (a)(3)(D) of this Section shall qualify for the credits
and exemptions described in the following Acts: Section 51 of
the Retailers' Occupation Tax Act, Section 9-222 and Section
9-222.1A of the Public Utilities Act, and subsection (h) of
Section 201 of the Illinois Income Tax Act; however, the
credits and exemptions authorized under Section 9-222 and
Section 9-222.1A of the Public Utilities Act, and subsection
(h) of Section 201 of the Illinois Income Tax Act shall not be
authorized until the new electric generating facility, the new
gasification facility, the new transmission facility, or the
new, expanded, or reopened coal mine is operational, except
that a new electric generating facility whose primary fuel
source is natural gas is eligible only for the exemption under
Section 5l of the Retailers' Occupation Tax Act.
(b-6) Businesses designated as High Impact Businesses
pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this
Section shall qualify for the exemptions described in Section
5l of the Retailers' Occupation Tax Act; any business so

designated as a High Impact Business being, for purposes of
this Section, a "Wind Energy Business".
(b-7) Beginning on January 1, 2021, businesses designated
as High Impact Businesses by the Department shall qualify for
the High Impact Business construction jobs credit under
subsection (h-5) of Section 201 of the Illinois Income Tax Act
if the business meets the criteria set forth in subsection (i)
of this Section. The total aggregate amount of credits awarded
under the Blue Collar Jobs Act (Article 20 of Public Act 101-9)
shall not exceed $20,000,000 in any State fiscal year.
(c) High Impact Businesses located in federally designated
foreign trade zones or sub-zones are also eligible for
additional credits, exemptions and deductions as described in
the following Acts: Section 9-221 and Section 9-222.1 of the
Public Utilities Act; and subsection (g) of Section 201, and
Section 203 of the Illinois Income Tax Act.
(d) Except for businesses contemplated under subdivision
(a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois
businesses which apply for designation as a High Impact
Business must provide the Department with the prospective plan
for which 1,500 full-time retained jobs would be eliminated in
the event that the business is not designated.
(e) Except for new wind power facilities contemplated
under subdivision (a)(3)(E) of this Section, new proposed
facilities which apply for designation as High Impact Business
must provide the Department with proof of alternative

non-Illinois sites which would receive the proposed investment
and job creation in the event that the business is not
designated as a High Impact Business.
(f) Except for businesses contemplated under subdivision
(a)(3)(E) of this Section, in the event that a business is
designated a High Impact Business and it is later determined
after reasonable notice and an opportunity for a hearing as
provided under the Illinois Administrative Procedure Act, that
the business would have placed in service in qualified
property the investments and created or retained the requisite
number of jobs without the benefits of the High Impact
Business designation, the Department shall be required to
immediately revoke the designation and notify the Director of
the Department of Revenue who shall begin proceedings to
recover all wrongfully exempted State taxes with interest. The
business shall also be ineligible for all State funded
Department programs for a period of 10 years.
(g) The Department shall revoke a High Impact Business
designation if the participating business fails to comply with
the terms and conditions of the designation.
(h) Prior to designating a business, the Department shall
provide the members of the General Assembly and Commission on
Government Forecasting and Accountability with a report
setting forth the terms and conditions of the designation and
guarantees that have been received by the Department in
relation to the proposed business being designated.

(i) High Impact Business construction jobs credit.
Beginning on January 1, 2021, a High Impact Business may
receive a tax credit against the tax imposed under subsections
(a) and (b) of Section 201 of the Illinois Income Tax Act in an
amount equal to 50% of the amount of the incremental income tax
attributable to High Impact Business construction jobs credit
employees employed in the course of completing a High Impact
Business construction jobs project. However, the High Impact
Business construction jobs credit may equal 75% of the amount
of the incremental income tax attributable to High Impact
Business construction jobs credit employees if the High Impact
Business construction jobs credit project is located in an
underserved area.
The Department shall certify to the Department of Revenue:
(1) the identity of taxpayers that are eligible for the High
Impact Business construction jobs credit; and (2) the amount
of High Impact Business construction jobs credits that are
claimed pursuant to subsection (h-5) of Section 201 of the
Illinois Income Tax Act in each taxable year. Any business
entity that receives a High Impact Business construction jobs
credit shall maintain a certified payroll pursuant to
subsection (j) of this Section.
As used in this subsection (i):
"High Impact Business construction jobs credit" means an
amount equal to 50% (or 75% if the High Impact Business
construction project is located in an underserved area) of the

incremental income tax attributable to High Impact Business
construction job employees. The total aggregate amount of
credits awarded under the Blue Collar Jobs Act (Article 20 of
Public Act 101-9) shall not exceed $20,000,000 in any State
fiscal year
"High Impact Business construction job employee" means a
laborer or worker who is employed by an Illinois contractor or
subcontractor in the actual construction work on the site of a
High Impact Business construction job project.
"High Impact Business construction jobs project" means
building a structure or building or making improvements of any
kind to real property, undertaken and commissioned by a
business that was designated as a High Impact Business by the
Department. The term "High Impact Business construction jobs
project" does not include the routine operation, routine
repair, or routine maintenance of existing structures,
buildings, or real property.
"Incremental income tax" means the total amount withheld
during the taxable year from the compensation of High Impact
Business construction job employees.
"Underserved area" means a geographic area that meets one
or more of the following conditions:
(1) the area has a poverty rate of at least 20%
according to the latest American Community Survey;
(2) 35% or more of the families with children in the
area are living below 130% of the poverty line, according

to the latest American Community Survey;
(3) at least 20% of the households in the area receive
assistance under the Supplemental Nutrition Assistance
Program (SNAP); or
(4) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the U.S. Department
of Labor, for a period of at least 2 consecutive calendar
years preceding the date of the application.
(j) Each contractor and subcontractor who is engaged in
and executing a High Impact Business Construction jobs
project, as defined under subsection (i) of this Section, for
a business that is entitled to a credit pursuant to subsection
(i) of this Section shall:
(1) make and keep, for a period of 5 years from the
date of the last payment made on or after June 5, 2019 (the
effective date of Public Act 101-9) on a contract or
subcontract for a High Impact Business Construction Jobs
Project, records for all laborers and other workers
employed by the contractor or subcontractor on the
project; the records shall include:
(A) the worker's name;
(B) the worker's address;
(C) the worker's telephone number, if available;
(D) the worker's social security number;

(E) the worker's classification or
classifications;
(F) the worker's gross and net wages paid in each
pay period;
(G) the worker's number of hours worked each day;
(H) the worker's starting and ending times of work
each day;
(I) the worker's hourly wage rate;
(J) the worker's hourly overtime wage rate;
(K) the worker's race and ethnicity; and
(L) the worker's gender;
(2) no later than the 15th day of each calendar month,
provide a certified payroll for the immediately preceding
month to the taxpayer in charge of the High Impact
Business construction jobs project; within 5 business days
after receiving the certified payroll, the taxpayer shall
file the certified payroll with the Department of Labor
and the Department of Commerce and Economic Opportunity; a
certified payroll must be filed for only those calendar
months during which construction on a High Impact Business
construction jobs project has occurred; the certified
payroll shall consist of a complete copy of the records
identified in paragraph (1) of this subsection (j), but
may exclude the starting and ending times of work each
day; the certified payroll shall be accompanied by a
statement signed by the contractor or subcontractor or an

officer, employee, or agent of the contractor or
subcontractor which avers that:
(A) he or she has examined the certified payroll
records required to be submitted by the Act and such
records are true and accurate; and
(B) the contractor or subcontractor is aware that
filing a certified payroll that he or she knows to be
false is a Class A misdemeanor.
A general contractor is not prohibited from relying on a
certified payroll of a lower-tier subcontractor, provided the
general contractor does not knowingly rely upon a
subcontractor's false certification.
Any contractor or subcontractor subject to this
subsection, and any officer, employee, or agent of such
contractor or subcontractor whose duty as an officer,
employee, or agent it is to file a certified payroll under this
subsection, who willfully fails to file such a certified
payroll on or before the date such certified payroll is
required by this paragraph to be filed and any person who
willfully files a false certified payroll that is false as to
any material fact is in violation of this Act and guilty of a
Class A misdemeanor.
The taxpayer in charge of the project shall keep the
records submitted in accordance with this subsection on or
after June 5, 2019 (the effective date of Public Act 101-9) for
a period of 5 years from the date of the last payment for work

on a contract or subcontract for the High Impact Business
construction jobs project.
The records submitted in accordance with this subsection
shall be considered public records, except an employee's
address, telephone number, and social security number, and
made available in accordance with the Freedom of Information
Act. The Department of Labor shall share the information with
the Department in order to comply with the awarding of a High
Impact Business construction jobs credit. A contractor,
subcontractor, or public body may retain records required
under this Section in paper or electronic format.
(k) Upon 7 business days' notice, each contractor and
subcontractor shall make available for inspection and copying
at a location within this State during reasonable hours, the
records identified in this subsection (j) to the taxpayer in
charge of the High Impact Business construction jobs project,
its officers and agents, the Director of the Department of
Labor and his or her deputies and agents, and to federal,
State, or local law enforcement agencies and prosecutors.
(Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22;
102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff.
9-15-21; 102-673, eff. 11-30-21; revised 12-8-21.)
Section 130. The Illinois Promotion Act is amended by
changing Section 8a as follows:

(20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
Sec. 8a. Tourism grants and loans.
(1) The Department is authorized to make grants and loans,
subject to appropriations by the General Assembly for this
purpose from the Tourism Promotion Fund, to counties,
municipalities, other units of local government, local
promotion groups, not-for-profit organizations, or for-profit
businesses for the development or improvement of tourism
attractions in Illinois. Individual grants and loans shall not
exceed $1,000,000 and shall not exceed 50% of the entire
amount of the actual expenditures for the development or
improvement of a tourist attraction. Agreements for loans made
by the Department pursuant to this subsection may contain
provisions regarding term, interest rate, security as may be
required by the Department and any other provisions the
Department may require to protect the State's interest.
(2) From appropriations to the Department from the State
CURE fund for this purpose, the Department shall establish
Tourism Attraction grants for purposes outlined in subsection
(1). Grants under this subsection shall not exceed $1,000,000
but may exceed 50% of the entire amount of the actual
expenditure for the development or improvement of a tourist
attraction, including, but not limited to, festivals.
Expenditures of such funds shall be in accordance with the
permitted purposes under Section 9901 of the American Rescue
Plan Act of 2021 and all related federal guidance.

(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21;
revised 9-28-21.)
Section 135. The Financial Institutions Code is amended by
changing Section 6 as follows:
(20 ILCS 1205/6) (from Ch. 17, par. 106)
Sec. 6. In addition to the duties imposed elsewhere in
this Act, the Department has the following powers:
(1) To exercise the rights, powers and duties vested by
law in the Auditor of Public Accounts under "An Act to provide
for the incorporation, management and regulation of pawners'
societies and limiting the rate of compensation to be paid for
advances, storage and insurance on pawns and pledges and to
allow the loaning of money upon personal property", approved
March 29, 1899, as amended.
(2) To exercise the rights, powers and duties vested by
law in the Auditor of Public Accounts under the Currency
Exchange Act "An Act in relation to the definition, licensing
and regulation of community currency exchanges and ambulatory
currency exchanges, and the operators and employees thereof,
and to make an appropriation therefor, and to provide
penalties and remedies for the violation thereof", approved
June 30, 1943, as amended.
(3) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act in relation

to the buying and selling of foreign exchange and the
transmission or transfer of money to foreign countries",
approved June 28, 1923, as amended.
(4) To exercise the rights, powers, and duties vested by
law in the Auditor of Public Accounts under "An Act to provide
for and regulate the business of guaranteeing titles to real
estate by corporations", approved May 13, 1901, as amended.
(5) To exercise the rights, powers and duties vested by
law in the Department of Insurance under "An Act to define,
license, and regulate the business of making loans of eight
hundred dollars or less, permitting an interest charge thereon
greater than otherwise allowed by law, authorizing and
regulating the assignment of wages or salary when taken as
security for any such loan or as consideration for a payment of
eight hundred dollars or less, providing penalties, and to
repeal Acts therein named", approved July 11, 1935, as
amended.
(6) To administer and enforce the Safety Deposit License
Act "An Act to license and regulate the keeping and letting of
safety deposit boxes, safes, and vaults, and the opening
thereof, and to repeal a certain Act therein named", approved
June 13, 1945, as amended.
(7) Whenever the Department is authorized or required by
law to consider some aspect of criminal history record
information for the purpose of carrying out its statutory
powers and responsibilities, then, upon request and payment of

fees in conformance with the requirements of Section 2605-400
of the Illinois State Police Law, the Illinois State Police is
authorized to furnish, pursuant to positive identification,
such information contained in State files as is necessary to
fulfill the request.
(8) To administer the Payday Loan Reform Act, the Consumer
Installment Loan Act, the Predatory Loan Prevention Act, the
Motor Vehicle Retail Installment Sales Act, and the Retail
Installment Sales Act.
(Source: P.A. 101-658, eff. 3-23-21; 102-538, eff. 8-20-21;
revised 10-5-21.)
Section 140. The Department of Innovation and Technology
Act is amended by changing Section 1-5 as follows:
(20 ILCS 1370/1-5)
Sec. 1-5. Definitions. In this Act:
"Client agency" means each transferring agency, or its
successor, and any other public agency to which the Department
provides service to the extent specified in an interagency
agreement with the public agency.
"Dedicated unit" means the dedicated bureau, division,
office, or other unit within a transferring agency that is
responsible for the information technology functions of the
transferring agency.
"Department" means the Department of Innovation and

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

Revenue, Transportation, and Veterans' Affairs; the Illinois
State Police; the Capital Development Board; the Deaf and Hard
of Hearing Commission; the Environmental Protection Agency;
the Governor's Office of Management and Budget; the
Guardianship and Advocacy Commission; the Abraham Lincoln
Presidential Library and Museum; the Illinois Arts Council;
the Illinois Council on Developmental Disabilities; the
Illinois Emergency Management Agency; the Illinois Gaming
Board; the Illinois Health Information Exchange Authority; the
Illinois Liquor Control Commission; the Office of the State
Fire Marshal; and the Prisoner Review Board.
(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 9-28-21.)
Section 145. The Department of Insurance Law of the Civil
Administrative Code of Illinois is amended by setting forth,
renumbering, and changing multiple versions of Section 1405-40
as follows:
(20 ILCS 1405/1405-40)
Sec. 1405-40. Transfer of functions.
(a) On July 1, 2021 (the effective date of Public Act
102-37) this amendatory Act of the 102nd General Assembly, all
powers, duties, rights, and responsibilities of the Insurance
Compliance Division within the Illinois Workers' Compensation
Commission are transferred to the Department of Insurance. The

personnel of the Insurance Compliance Division are transferred
to the Department of Insurance. The status and rights of such
personnel under the Personnel Code are not affected by the
transfer. The rights of the employees and the State of
Illinois and its agencies under the Personnel Code and
applicable collective bargaining agreements or under any
pension, retirement, or annuity plan are not affected by
Public Act 102-37 this amendatory Act of the 102nd General
Assembly. All books, records, papers, documents, property
(real and personal), contracts, causes of action, and pending
business pertaining to the powers, duties, rights, and
responsibilities transferred by Public Act 102-37 this
amendatory Act of the 102nd General Assembly from the
Insurance Compliance Division to the Department of Insurance,
including, but not limited to, material in electronic or
magnetic format and necessary computer hardware and software,
are transferred to the Department of Insurance. The powers,
duties, rights, and responsibilities relating to the Insurance
Compliance Division transferred by Public Act 102-37 this
amendatory Act of the 102nd General Assembly are vested in the
Department of Insurance.
(b) Whenever reports or notices are required to be made or
given or papers or documents furnished or served by any person
to or upon the Insurance Compliance Division in connection
with any of the powers, duties, rights, and responsibilities
transferred by Public Act 102-37 this amendatory Act of the

102nd General Assembly, the Department of Insurance shall
make, give, furnish, or serve them.
(c) Public Act 102-37 This amendatory Act of the 102nd
General Assembly does not affect any act done, ratified, or
canceled, any right occurring or established, or any action or
proceeding had or commenced in an administrative, civil, or
criminal cause by the Insurance Compliance Division before
July 1, 2021 (the effective date of Public Act 102-37) this
amendatory Act of the 102nd General Assembly. Such actions or
proceedings may be prosecuted and continued by the Department
of Insurance.
(d) Any rules that relate to its powers, duties, rights,
and responsibilities of the Insurance Compliance Division and
are in force on July 1, 2021 (the effective date of Public Act
102-37) this amendatory Act of the 102nd General Assembly
become the rules of the Department of Insurance. Public Act
102-37 This amendatory Act of the 102nd General Assembly does
not affect the legality of any such rules.
(e) Any proposed rules filed with the Secretary of State
by the Illinois Workers' Compensation Commission that are
pending in the rulemaking process on July 1, 2021 (the
effective date of Public Act 102-37) this amendatory Act of
the 102nd General Assembly and pertain to the transferred
powers, duties, rights, and responsibilities are deemed to
have been filed by the Department of Insurance. As soon as
practicable, the Department of Insurance shall revise and

clarify the rules transferred to it under Public Act 102-37
this amendatory Act of the 102nd General Assembly to reflect
the reorganization of powers, duties, rights, and
responsibilities affected by Public Act 102-37 this amendatory
Act of the 102nd General Assembly, using the procedures for
recodification of rules available under the Illinois
Administrative Procedure Act, except that existing title,
part, and section numbering for the affected rules may be
retained. The Department of Insurance may propose and adopt
under the Illinois Administrative Procedure Act other rules of
the Illinois Workers' Compensation Commission pertaining to
Public Act 102-37 this amendatory Act of the 102nd General
Assembly that are administered by the Department of Insurance.
(Source: P.A. 102-37, eff. 7-1-21; revised 11-3-21.)
(20 ILCS 1405/1405-45)
Sec. 1405-45 1405-40. Transfer of the Illinois
Comprehensive Health Insurance Plan. Upon entry of an Order of
Rehabilitation or Liquidation against the Comprehensive Health
Insurance Plan in accordance with Article XIII of the Illinois
Insurance Code, all powers, duties, rights, and
responsibilities of the Illinois Comprehensive Health
Insurance Plan and the Illinois Comprehensive Health Insurance
Board under the Comprehensive Health Insurance Plan Act shall
be transferred to and vested in the Director of Insurance as
rehabilitator or liquidator as provided in the provisions of

Public Act 102-159 this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-159, eff. 7-23-21; revised 11-3-21.)
Section 150. The Department of Labor Law of the Civil
Administrative Code of Illinois is amended by changing Section
1505-215 as follows:
(20 ILCS 1505/1505-215)
Sec. 1505-215. Bureau on Apprenticeship Programs and Clean
Energy Jobs.
(a) For purposes of this Section, "clean energy sector"
means solar energy, wind energy, energy efficiency, solar
thermal, green hydrogen, geothermal, and electric vehicle
industries and other renewable energy industries, industries
achieving emission reductions, and related industries that
manufacture, develop, build, maintain, or provide ancillary
services to renewable energy resources or energy efficiency
products or services, including the manufacture and
installation of healthier building materials that contain
fewer hazardous chemicals.
(b) There is created within the Department of Labor a
Bureau on Apprenticeship Programs and Clean Energy Jobs. This
Bureau shall work to increase minority participation in active
apprentice programs in Illinois that are approved by the
United States Department of Labor and in clean energy jobs in

Illinois. The Bureau shall identify barriers to minorities
gaining access to construction careers and careers in the
clean energy sector and make recommendations to the Governor
and the General Assembly for policies to remove those
barriers. The Department may hire staff to perform outreach in
promoting diversity in active apprenticeship programs approved
by the United States Department of Labor.
(c) The Bureau shall annually compile racial and gender
workforce diversity information from contractors receiving
State or other public funds and by labor unions with members
working on projects receiving State or other public funds.
(d) The Bureau shall compile racial and gender workforce
diversity information from certified transcripts of payroll
reports filed in the preceding year pursuant to the Prevailing
Wage Act for all clean energy sector construction projects.
The Bureau shall work with the Department of Commerce and
Economic Opportunity, the Illinois Power Agency, the Illinois
Commerce Commission, and other agencies, as necessary, to
receive and share data and reporting on racial and gender
workforce diversity, demographic data, and any other data
necessary to achieve the goals of this Section.
(e) By April 15, 2022 and every April 15 thereafter, the
Bureau shall publish and make available on the Department's
website a report summarizing the racial and gender diversity
of the workforce on all clean energy sector projects by
county. The report shall use a consistent structure for

information requests and presentation, with an easy-to-use
table of contents, to enable comparable year-over-year
solicitation and benchmarking of data. The development of the
report structure shall be open to a public review and comment
period. That report shall compare the race, ethnicity, and
gender of the workers on covered clean energy sector projects
to the general population of the county in which the project is
located. The report shall also disaggregate such data to
compare the race, ethnicity, and gender of workers employed by
union and nonunion contractors and compare the race,
ethnicity, and gender of workers who reside in Illinois and
those who reside outside of Illinois. The report shall also
include the race, ethnicity, and gender of the workers by
prevailing wage classification.
(f) The Bureau shall present its annual report to the
Energy Workforce Advisory Council in order to inform its
program evaluations, recommendations, and objectives pursuant
to Section 5-65 of the Energy Transition Act. The Bureau shall
also present its annual report to the Illinois Power Agency in
order to inform its ongoing equity and compliance efforts in
the clean energy sector.
The Bureau and all entities subject to the requirements of
subsection (d) shall hold an annual workshop open to the
public in 2022 and every year thereafter on the state of racial
and gender workforce diversity in the clean energy sector in
order to collaboratively seek solutions to structural

impediments to achieving diversity, equity, and inclusion
goals, including testimony from each participating entity,
subject matter experts, and advocates.
(g) The Bureau shall publish each annual report prepared
and filed pursuant to subsection (d) on the Department of
Labor's website for at least 5 years.
(Source: P.A. 101-170, eff. 1-1-20; 101-601, eff. 1-1-20;
102-558, eff. 8-20-21; 102-662, eff. 9-15-21; revised
10-12-21.)
Section 155. The Illinois Lottery Law is amended by
changing Section 21.8 as follows:
(20 ILCS 1605/21.8)
Sec. 21.8. Quality of Life scratch-off game.
(a) The Department shall offer a special instant
scratch-off game with the title of "Quality of Life". The game
shall commence on July 1, 2007 or as soon thereafter, in the
discretion of the Director, as is reasonably practical, and
shall be discontinued on December 31, 2025. The operation of
the game is governed by this Act and by any rules adopted by
the Department. The Department must consult with the Quality
of Life Board, which is established under Section 2310-348 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois, regarding the design
and promotion of the game. If any provision of this Section is

inconsistent with any other provision of this Act, then this
Section governs.
(b) The Quality of Life Endowment Fund is created as a
special fund in the State treasury. The net revenue from the
Quality of Life special instant scratch-off game must be
deposited into the Fund for appropriation by the General
Assembly solely to the Department of Public Health for the
purpose of HIV/AIDS-prevention education and for making grants
to public or private entities in Illinois for the purpose of
funding organizations that serve the highest at-risk
categories for contracting HIV or developing AIDS. Grants
shall be targeted to serve at-risk populations in proportion
to the distribution of recent reported Illinois HIV/AIDS cases
among risk groups as reported by the Illinois Department of
Public Health. The recipient organizations must be engaged in
HIV/AIDS-prevention education and HIV/AIDS healthcare
treatment. The Department must, before grants are awarded,
provide copies of all grant applications to the Quality of
Life Board, receive and review the Board's recommendations and
comments, and consult with the Board regarding the grants.
Organizational size will determine an organization's
competitive slot in the "Request for Proposal" process.
Organizations with an annual budget of $300,000 or less will
compete with like size organizations for 50% of the Quality of
Life annual fund. Organizations with an annual budget of
$300,001 to $700,000 will compete with like organizations for

25% of the Quality of Life annual fund, and organizations with
an annual budget of $700,001 and upward will compete with like
organizations for 25% of the Quality of Life annual fund. The
lottery may designate a percentage of proceeds for marketing
purposes purpose. The grant funds may not be used for
institutional, organizational, or community-based overhead
costs, indirect costs, or levies.
Grants awarded from the Fund are intended to augment the
current and future State funding for the prevention and
treatment of HIV/AIDS and are not intended to replace that
funding.
Moneys received for the purposes of this Section,
including, without limitation, net revenue from the special
instant scratch-off game and gifts, grants, and awards from
any public or private entity, must be deposited into the Fund.
Any interest earned on moneys in the Fund must be deposited
into the Fund.
For purposes of this subsection, "net revenue" means the
total amount for which tickets have been sold less the sum of
the amount paid out in prizes and the actual administrative
expenses of the Department solely related to the Quality of
Life game.
(c) During the time that tickets are sold for the Quality
of Life game, the Department shall not unreasonably diminish
the efforts devoted to marketing any other instant scratch-off
lottery game.

(d) The Department may adopt any rules necessary to
implement and administer the provisions of this Section in
consultation with the Quality of Life Board.
(Source: P.A. 98-499, eff. 8-16-13; 99-791, eff. 8-12-16;
revised 12-2-21.)
Section 160. The Department of Healthcare and Family
Services Law of the Civil Administrative Code of Illinois is
amended by renumbering Section 30 as follows:
(20 ILCS 2205/2205-31)
Sec. 2205-31 30. Health care telementoring.
(a) The Department of Healthcare and Family Services shall
designate one or more health care telementoring entities based
on an application to be developed by the Department of
Healthcare and Family Services. Applicants shall demonstrate a
record of expertise and demonstrated success in providing
health care telementoring services. Approved applicants from
Illinois shall be eligible for State funding in accordance
with rules developed by the Department of Healthcare and
Family Services. Funding shall be provided based on the number
of physicians who are assisted by each approved health care
telementoring entity and the hours of assistance provided to
each physician.
(b) In this Section, "health care telementoring" means a
program:

(1) based on interactive video technology that
connects groups of community health care providers in
urban and rural underserved areas with specialists in
regular real-time collaborative sessions;
(2) designed around case-based learning and
mentorship; and
(3) that helps local health care providers gain the
expertise required to more effectively provide needed
services.
"Health care telementoring" includes, but is not limited
to, a program provided to improve services in a variety of
areas, including, but not limited to, adolescent health,
Hepatitis C, complex diabetes, geriatrics, mental illness,
opioid use disorders, substance use disorders, maternity care,
childhood adversity and trauma, pediatric ADHD, and other
priorities identified by the Department of Healthcare and
Family Services.
(Source: P.A. 102-512, eff. 1-1-22; revised 9-30-21.)
Section 165. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by changing Section 2310-223 and by setting forth and
renumbering multiple versions of Section 2310-431 as follows:
(20 ILCS 2310/2310-223)
Sec. 2310-223. Maternal care.

(a) The Department shall establish a classification system
for the following levels of maternal care:
(1) basic care: care of uncomplicated pregnancies with
the ability to detect, stabilize, and initiate management
of unanticipated maternal-fetal or neonatal problems that
occur during the antepartum, intrapartum, or postpartum
period until the patient can be transferred to a facility
at which specialty maternal care is available;
(2) specialty care: basic care plus care of
appropriate high-risk antepartum, intrapartum, or
postpartum conditions, both directly admitted and
transferred to another facility;
(3) subspecialty care: specialty care plus care of
more complex maternal medical conditions, obstetric
complications, and fetal conditions; and
(4) regional perinatal health care: subspecialty care
plus on-site medical and surgical care of the most complex
maternal conditions, critically ill pregnant women, and
fetuses throughout antepartum, intrapartum, and postpartum
care.
(b) The Department shall:
(1) introduce uniform designations for levels of
maternal care that are complementary complimentary but
distinct from levels of neonatal care;
(2) establish clear, uniform criteria for designation
of maternal centers that are integrated with emergency

response systems to help ensure that the appropriate
personnel, physical space, equipment, and technology are
available to achieve optimal outcomes, as well as to
facilitate subsequent data collection regarding
risk-appropriate care;
(3) require each health care facility to have a clear
understanding of its capability to handle increasingly
complex levels of maternal care, and to have a
well-defined threshold for transferring women to health
care facilities that offer a higher level of care; to
ensure optimal care of all pregnant women, the Department
shall require all birth centers, hospitals, and
higher-level facilities to collaborate in order to develop
and maintain maternal and neonatal transport plans and
cooperative agreements capable of managing the health care
needs of women who develop complications; the Department
shall require that receiving hospitals openly accept
transfers;
(4) require higher-level facilities to provide
training for quality improvement initiatives, educational
support, and severe morbidity and mortality case review
for lower-level hospitals; the Department shall ensure
that, in those regions that do not have a facility that
qualifies as a regional perinatal health care facility,
any specialty care facility in the region will provide the
educational and consultation function;

(5) require facilities and regional systems to develop
methods to track severe maternal morbidity and mortality
to assess the efficacy of utilizing maternal levels of
care;
(6) analyze data collected from all facilities and
regional systems in order to inform future updates to the
levels of maternal care;
(7) require follow-up interdisciplinary work groups to
further explore the implementation needs that are
necessary to adopt the proposed classification system for
levels of maternal care in all facilities that provide
maternal care;
(8) disseminate data and materials to raise public
awareness about the importance of prenatal care and
maternal health;
(9) engage the Illinois Chapter of the American
Academy of Pediatrics in creating a quality improvement
initiative to expand efforts of pediatricians conducting
postpartum depression screening at well baby visits during
the first year of life; and
(10) adopt rules in accordance with the Illinois
Administrative Procedure Act to implement this subsection.
(Source: P.A. 101-447, eff. 8-23-19; 102-558, eff. 8-20-21;
revised 12-1-21.)
(20 ILCS 2310/2310-431)

Sec. 2310-431. Healthy Illinois Survey.
(a) The General Assembly finds the following:
(1) The Coronavirus pandemic that struck in 2020
caused more illness and death in Black, Latinx, and other
communities with people of color in Illinois.
(2) Many rural and other underserved communities in
Illinois experienced higher rates of COVID-19 illness and
death than higher-resourced communities.
(3) The structural racism and underlying health and
social disparities in communities of color and other
underserved communities that produced these COVID-19
disparities also produce disparities in chronic disease,
access to care, and social determinants of health, such as
overcrowded housing and prevalence of working in low-wage
essential jobs.
(4) Traditional public health data collected by
existing methods is insufficient to help State and local
governments, health care partners, and communities
understand local health concerns and social factors
associated with health. Nor does the data provide adequate
information to help identify policies and interventions
that address health inequities.
(5) Comprehensive, relevant, and current public health
data could be used to: identify health concerns for
communities across Illinois; understand environmental,
neighborhood, and social factors associated with health;

and support the development, implementation, and progress
of programs for public health interventions and addressing
health inequities.
(b) Subject to appropriation, the Department shall
administer an annual survey, which shall be named the Healthy
Illinois Survey. The Healthy Illinois Survey shall:
(1) include interviews of a sample of State residents
such that statistically reliable data for every county,
zip code groupings within more highly populated counties
and cities, suburban Cook County municipalities, and
Chicago community areas can be developed, as well as
statistically reliable data on racial, ethnic, gender,
age, and other demographic groups of State residents
important to inform health equity goals;
(2) be collected at the zip code level; and
(3) include questions on a range of topics designed to
establish an initial baseline public health data set and
annual updates, including:
(A) access to health services;
(B) civic engagement;
(C) childhood experiences;
(D) chronic health conditions;
(E) COVID-19;
(F) diet;
(G) financial security;
(H) food security;

(I) mental health;
(J) community conditions;
(K) physical activity;
(L) physical safety;
(M) substance abuse; and
(N) violence.
(c) In developing the Healthy Illinois Survey, the
Department shall consult with local public health departments
and stakeholders with expertise in health, mental health,
nutrition, physical activity, violence prevention, safety,
tobacco and drug use, and emergency preparedness with the goal
of developing a comprehensive survey that will assist the
State and other partners in developing the data to measure
public health and health equity.
(d) The Department shall provide the results of the
Healthy Illinois Survey in forms useful to cities,
communities, local health departments, hospitals, and other
potential users, including annually publishing on its website
data at the most granular geographic and demographic levels
possible while protecting identifying information. The
Department shall produce periodic special reports and analyses
relevant to ongoing and emerging health and social issues in
communities and the State. The Department shall use this data
to inform the development and monitoring of its State Health
Assessment. The Department shall provide the full relevant
jurisdictional data set to local health departments for their

local use and analysis each year.
(e) The identity, or any group of facts that tends to lead
to the identity, of any person whose condition or treatment is
submitted to the Healthy Illinois Survey is confidential and
shall not be open to public inspection or dissemination and is
exempt from disclosure under Section 7 of the Freedom of
Information Act. Information for specific research purposes
may be released in accordance with procedures established by
the Department.
(Source: P.A. 102-483, eff. 1-1-22.)
(20 ILCS 2310/2310-432)
Sec. 2310-432 2310-431. Medical examiner offices; medical
facilities. The Department shall ensure that medical examiner
offices are included as part of medical facilities for the
purposes of complying with and implementing Sections 212(e)
and 214(l) of the federal Immigration and Nationality Act (8
U.S.C. 1182(e) and 8 U.S.C. 1184(l)) and 22 CFR 62 regarding
the federal Exchange Visitor Program.
(Source: P.A. 102-488, eff. 1-1-22; revised 11-3-21.)
Section 170. The Illinois State Police Law of the Civil
Administrative Code of Illinois is amended by changing
Sections 2605-35, 2605-40, 2605-50, 2605-410, and 2605-605 and
by setting forth, renumbering, and changing multiple versions
of Section 2601-51 as follows:

(20 ILCS 2605/2605-35) (was 20 ILCS 2605/55a-3)
Sec. 2605-35. Division of Criminal Investigation.
(a) The Division of Criminal Investigation shall exercise
the following functions and those in Section 2605-30:
(1) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by the Illinois Horse
Racing Act of 1975, including those set forth in Section
2605-215.
(2) Investigate the origins, activities, personnel,
and incidents of crime and enforce the criminal laws of
this State related thereto.
(3) Enforce all laws regulating the production, sale,
prescribing, manufacturing, administering, transporting,
having in possession, dispensing, delivering,
distributing, or use of controlled substances and
cannabis.
(4) Cooperate with the police of cities, villages, and
incorporated towns and with the police officers of any
county in enforcing the laws of the State and in making
arrests and recovering property.
(5) Apprehend and deliver up any person charged in
this State or any other state with treason or a felony or
other crime who has fled from justice and is found in this
State.
(6) Investigate recipients and providers under the

Illinois Public Aid Code and any personnel involved in the
administration of the Code who are suspected of any
violation of the Code pertaining to fraud in the
administration, receipt, or provision of assistance and
pertaining to any violation of criminal law; and exercise
the functions required under Section 2605-220 in the
conduct of those investigations.
(7) Conduct other investigations as provided by law.
(8) Investigate public corruption..
(9) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police, which
may include the coordination of gang, terrorist, and
organized crime prevention, control activities, and
assisting local law enforcement in their crime control
activities.
(b) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; revised 12-2-21.)
(20 ILCS 2605/2605-40) (was 20 ILCS 2605/55a-4)
Sec. 2605-40. Division of Forensic Services. The Division
of Forensic Services shall exercise the following functions:
(1) Provide crime scene services and traffic crash
reconstruction..
(2) Exercise the rights, powers, and duties vested by
law in the Illinois State Police by Section 2605-300 of

this Law.
(3) Provide assistance to local law enforcement
agencies through training, management, and consultant
services.
(4) (Blank).
(5) Exercise other duties that may be assigned by the
Director in order to fulfill the responsibilities and
achieve the purposes of the Illinois State Police.
(6) Establish and operate a forensic science
laboratory system, including a forensic toxicological
laboratory service, for the purpose of testing specimens
submitted by coroners and other law enforcement officers
in their efforts to determine whether alcohol, drugs, or
poisonous or other toxic substances have been involved in
deaths, accidents, or illness. Forensic toxicological
laboratories shall be established in Springfield, Chicago,
and elsewhere in the State as needed.
(6.5) Establish administrative rules in order to set
forth standardized requirements for the disclosure of
toxicology results and other relevant documents related to
a toxicological analysis. These administrative rules are
to be adopted to produce uniform and sufficient
information to allow a proper, well-informed determination
of the admissibility of toxicology evidence and to ensure
that this evidence is presented competently. These
administrative rules are designed to provide a minimum

standard for compliance of toxicology evidence and are not
intended to limit the production and discovery of material
information.
(7) Subject to specific appropriations made for these
purposes, establish and coordinate a system for providing
accurate and expedited forensic science and other
investigative and laboratory services to local law
enforcement agencies and local State's Attorneys in aid of
the investigation and trial of capital cases.
(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21;
revised 12-2-21.)
(20 ILCS 2605/2605-50) (was 20 ILCS 2605/55a-6)
Sec. 2605-50. Division of Internal Investigation. The
Division of Internal Investigation shall have jurisdiction and
initiate internal Illinois State Police investigations and, at
the direction of the Governor, investigate complaints and
initiate investigations of official misconduct by State
officers and all State employees. Notwithstanding any other
provisions of law, the Division shall serve as the
investigative body for the Illinois State Police for purposes
of compliance with the provisions of Sections 12.6 and 12.7 of
the Illinois State Police this Act.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)

(20 ILCS 2605/2605-51)
Sec. 2605-51. Division of the Academy and Training.
(a) The Division of the Academy and Training shall
exercise, but not be limited to, the following functions:
(1) Oversee and operate the Illinois State Police
Training Academy.
(2) Train and prepare new officers for a career in law
enforcement, with innovative, quality training and
educational practices.
(3) Offer continuing training and educational programs
for Illinois State Police employees.
(4) Oversee the Illinois State Police's recruitment
initiatives.
(5) Oversee and operate the Illinois State Police's
quartermaster.
(6) Duties assigned to the Illinois State Police in
Article 5, Chapter 11 of the Illinois Vehicle Code
concerning testing and training officers on the detection
of impaired driving.
(7) Duties assigned to the Illinois State Police in
Article 108B of the Code of Criminal Procedure.
(b) The Division of the Academy and Training shall
exercise the rights, powers, and duties vested in the former
Division of State Troopers by Section 17 of the Illinois State
Police Act.
(c) Specialized training.

(1) Training; cultural diversity. The Division of the
Academy and Training shall provide training and continuing
education to State police officers concerning cultural
diversity, including sensitivity toward racial and ethnic
differences. This training and continuing education shall
include, but not be limited to, an emphasis on the fact
that the primary purpose of enforcement of the Illinois
Vehicle Code is safety and equal and uniform enforcement
under the law.
(2) Training; death and homicide investigations. The
Division of the Academy and Training shall provide
training in death and homicide investigation for State
police officers. Only State police officers who
successfully complete the training may be assigned as lead
investigators in death and homicide investigations.
Satisfactory completion of the training shall be evidenced
by a certificate issued to the officer by the Division of
the Academy and Training. The Director shall develop a
process for waiver applications for officers whose prior
training and experience as homicide investigators may
qualify them for a waiver. The Director may issue a
waiver, at his or her discretion, based solely on the
prior training and experience of an officer as a homicide
investigator.
(3) Training; police dog training standards. All
police dogs used by the Illinois State Police for drug

enforcement purposes pursuant to the Cannabis Control Act,
the Illinois Controlled Substances Act, and the
Methamphetamine Control and Community Protection Act shall
be trained by programs that meet the certification
requirements set by the Director or the Director's
designee. Satisfactory completion of the training shall be
evidenced by a certificate issued by the Division of the
Academy and Training.
(4) Training; post-traumatic stress disorder. The
Division of the Academy and Training shall conduct or
approve a training program in post-traumatic stress
disorder for State police officers. The purpose of that
training shall be to equip State police officers to
identify the symptoms of post-traumatic stress disorder
and to respond appropriately to individuals exhibiting
those symptoms.
(5) Training; opioid antagonists. The Division of the
Academy and Training shall conduct or approve a training
program for State police officers in the administration of
opioid antagonists as defined in paragraph (1) of
subsection (e) of Section 5-23 of the Substance Use
Disorder Act that is in accordance with that Section. As
used in this Section, "State police officers" includes
full-time or part-time State police officers,
investigators, and any other employee of the Illinois
State Police exercising the powers of a peace officer.

(6) Training; sexual assault and sexual abuse.
(A) Every 3 years, the Division of the Academy and
Training shall present in-service training on sexual
assault and sexual abuse response and report writing
training requirements, including, but not limited to,
the following:
(i) recognizing the symptoms of trauma;
(ii) understanding the role trauma has played
in a victim's life;
(iii) responding to the needs and concerns of
a victim;
(iv) delivering services in a compassionate,
sensitive, and nonjudgmental manner;
(v) interviewing techniques in accordance with
the curriculum standards in this paragraph (6);
(vi) understanding cultural perceptions and
common myths of sexual assault and sexual abuse;
and
(vii) report writing techniques in accordance
with the curriculum standards in this paragraph
(6).
(B) This training must also be presented in all
full and part-time basic law enforcement academies.
(C) Instructors providing this training shall have
successfully completed training on evidence-based,
trauma-informed, victim-centered responses to cases of

sexual assault and sexual abuse and have experience
responding to sexual assault and sexual abuse cases.
(D) The Illinois State Police shall adopt rules,
in consultation with the Office of the Attorney
General and the Illinois Law Enforcement Training
Standards Board, to determine the specific training
requirements for these courses, including, but not
limited to, the following:
(i) evidence-based curriculum standards for
report writing and immediate response to sexual
assault and sexual abuse, including
trauma-informed, victim-centered interview
techniques, which have been demonstrated to
minimize retraumatization, for all State police
officers; and
(ii) evidence-based curriculum standards for
trauma-informed, victim-centered investigation
and interviewing techniques, which have been
demonstrated to minimize retraumatization, for
cases of sexual assault and sexual abuse for all
State police officers who conduct sexual assault
and sexual abuse investigations.
(7) Training; human trafficking. The Division of the
Academy and Training shall conduct or approve a training
program in the detection and investigation of all forms of
human trafficking, including, but not limited to,

involuntary servitude under subsection (b) of Section 10-9
of the Criminal Code of 2012, involuntary sexual servitude
of a minor under subsection (c) of Section 10-9 of the
Criminal Code of 2012, and trafficking in persons under
subsection (d) of Section 10-9 of the Criminal Code of
2012. This program shall be made available to all cadets
and State police officers.
(8) Training; hate crimes. The Division of the Academy
and Training shall provide training for State police
officers in identifying, responding to, and reporting all
hate crimes.
(Source: P.A. 102-538, eff. 8-20-21.)
(20 ILCS 2605/2605-51.1)
(This Section may contain text from a Public Act with a
delayed effective date)
(Section scheduled to be repealed on June 1, 2026)
Sec. 2605-51.1 2605-51. Commission on Implementing the
Firearms Restraining Order Act.
(a) There is created the Commission on Implementing the
Firearms Restraining Order Act composed of at least 12 members
to advise on the strategies of education and implementation of
the Firearms Restraining Order Act. The Commission shall be
appointed by the Director of the Illinois State Police or his
or her designee and shall include a liaison or representative
nominated from the following:

(1) the Office of the Attorney General, appointed by
the Attorney General;
(2) the Director of the Illinois State Police or his
or her designee;
(3) at least 3 State's Attorneys, nominated by the
Director of the Office of the State's Attorneys Appellate
Prosecutor;
(4) at least 2 municipal police department
representatives, nominated by the Illinois Association of
Chiefs of Police;
(5) an Illinois sheriff, nominated by the Illinois
Sheriffs' Association;
(6) the Director of Public Health or his or her
designee;
(7) the Illinois Law Enforcement Training Standards
Board, nominated by the Executive Director of the Board;
(8) a representative from a public defender's office,
nominated by the State Appellate Defender;
(9) a circuit court judge, nominated by the Chief
Justice of the Supreme Court;
(10) a prosecutor with experience managing or
directing a program in another state where the
implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the National District Attorneys Association;
and

(11) an expert from law enforcement who has experience
managing or directing a program in another state where the
implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the Director of the Illinois State Police.
(b) The Commission shall be chaired by the Director of the
Illinois State Police or his or her designee. The Commission
shall meet, either virtually or in person, to discuss the
implementation of the Firearms Restraining Order Act as
determined by the Commission while the strategies are being
established.
(c) The members of the Commission shall serve without
compensation and shall serve 3-year terms.
(d) An annual report shall be submitted to the General
Assembly by the Commission that may include summary
information about firearms restraining order use by county,
challenges to Firearms Restraining Order Act implementation,
and recommendations for increasing and improving
implementation.
(e) The Commission shall develop a model policy with an
overall framework for the timely relinquishment of firearms
whenever a firearms restraining order is issued. The model
policy shall be finalized within the first 4 months of
convening. In formulating the model policy, the Commission
shall consult counties in Illinois and other states with
extreme risk protection order laws which have achieved a high

rate of petition filings. Once approved, the Illinois State
Police shall work with their local law enforcement agencies
within their county to design a comprehensive strategy for the
timely relinquishment of firearms, using the model policy as
an overall framework. Each individual agency may make small
modifications as needed to the model policy and must approve
and adopt a policy that aligns with the model policy. The
Illinois State Police shall convene local police chiefs and
sheriffs within their county as needed to discuss the
relinquishment of firearms.
(f) The Commission shall be dissolved June 1, 2025 (3
years after the effective date of Public Act 102-345) this
amendatory Act of the 102nd General Assembly.
(g) This Section is repealed June 1, 2026 (4 years after
the effective date of Public Act 102-345) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-345, eff. 6-1-22; revised 11-3-21.)
(20 ILCS 2605/2605-410)
(Section scheduled to be repealed on January 1, 2023)
Sec. 2605-410. Over Dimensional Load Police Escort Fund.
To charge, collect, and receive fees or moneys as described in
Section 15-312 of the Illinois Vehicle Code. All fees received
by the Illinois State Police under Section 15-312 of the
Illinois Vehicle Code shall be deposited into the Over
Dimensional Load Police Escort Fund, a special fund that is

created in the State treasury. Subject to appropriation, the
money in the Over Dimensional Load Police Escort Fund shall be
used by the Illinois State Police for its expenses in
providing police escorts and commercial vehicle enforcement
activities. This Fund is dissolved upon the transfer of the
remaining balance from the Over Dimensional Load Police Escort
Fund to the State Police Operations Assistance Fund as
provided under subsection (a-5) of Section 6z-82 of the State
Finance Act. This Section is repealed on January 1, 2023.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
revised 10-4-21.)
(20 ILCS 2605/2605-605)
Sec. 2605-605. Violent Crime Intelligence Task Force. The
Director of the Illinois State Police shall establish a
statewide multi-jurisdictional Violent Crime Intelligence Task
Force led by the Illinois State Police dedicated to combating
gun violence, gun-trafficking, and other violent crime with
the primary mission of preservation of life and reducing the
occurrence and the fear of crime. The objectives of the Task
Force shall include, but not be limited to, reducing and
preventing illegal possession and use of firearms,
firearm-related homicides, and other violent crimes, and
solving firearm-related crimes.
(1) The Task Force may develop and acquire information,
training, tools, and resources necessary to implement a

data-driven approach to policing, with an emphasis on
intelligence development.
(2) The Task Force may utilize information sharing,
partnerships, crime analysis, and evidence-based practices to
assist in the reduction of firearm-related shootings,
homicides, and gun-trafficking, including, but not limited to,
ballistic data, eTrace data, DNA evidence, latent
fingerprints, firearm training data, and National Integrated
Ballistic Information Network (NIBIN) data. The Task Force may
design a model crime gun intelligence strategy which may
include, but is not limited to, comprehensive collection and
documentation of all ballistic evidence, timely transfer of
NIBIN and eTrace leads to an intelligence center, which may
include the Division of Criminal Investigation of the Illinois
State Police, timely dissemination of intelligence to
investigators, investigative follow-up, and coordinated
prosecution.
(3) The Task Force may recognize and utilize best
practices of community policing and may develop potential
partnerships with faith-based and community organizations to
achieve its goals.
(4) The Task Force may identify and utilize best practices
in drug-diversion programs and other community-based services
to redirect low-level offenders.
(5) The Task Force may assist in violence suppression
strategies including, but not limited to, details in

identified locations that have shown to be the most prone to
gun violence and violent crime, focused deterrence against
violent gangs and groups considered responsible for the
violence in communities, and other intelligence driven methods
deemed necessary to interrupt cycles of violence or prevent
retaliation.
(6) In consultation with the Chief Procurement Officer,
the Illinois State Police may obtain contracts for software,
commodities, resources, and equipment to assist the Task Force
with achieving this Act. Any contracts necessary to support
the delivery of necessary software, commodities, resources,
and equipment are not subject to the Illinois Procurement
Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
Article 50 of that Code, provided that the Chief Procurement
Officer may, in writing with justification, waive any
certification required under Article 50 of the Illinois
Procurement Code.
(7) The Task Force shall conduct enforcement operations
against persons whose Firearm Owner's Identification Cards
have been revoked or suspended and persons who fail to comply
with the requirements of Section 9.5 of the Firearm Owners
Identification Card Act, prioritizing individuals presenting a
clear and present danger to themselves or to others under
paragraph (2) of subsection (d) of Section 8.1 of the Firearm
Owners Identification Card Act.
(8) The Task Force shall collaborate with local law

enforcement agencies to enforce provisions of the Firearm
Owners Identification Card Act, the Firearm Concealed Carry
Act, the Firearm Dealer License Certification Act, and Article
24 of the Criminal Code of 2012.
(9) To implement this Section, the Director of the
Illinois State Police may establish intergovernmental
agreements with law enforcement agencies in accordance with
the Intergovernmental Cooperation Act.
(10) Law enforcement agencies that participate in
activities described in paragraphs (7) through (9) may apply
to the Illinois State Police for grants from the State Police
Revocation Enforcement Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
Section 175. The Illinois State Police Act is amended by
changing Sections 3, 8, 9, 12.6, 12.7, 14, and 46 as follows:
(20 ILCS 2610/3) (from Ch. 121, par. 307.3)
Sec. 3. The Governor shall appoint, by and with the advice
and consent of the Senate, an Illinois State Police Merit
Board, hereinafter called the Board, consisting of 7 members
to hold office. The Governor shall appoint new board members
within 30 days for the vacancies created under Public Act
101-652 this amendatory Act. Board members shall be appointed
to four-year terms. No member shall be appointed to more than 2

terms. In making the appointments, the Governor shall make a
good faith effort to appoint members reflecting the
geographic, ethnic ethic, and cultural diversity of this
State. In making the appointments, the Governor should also
consider appointing: persons with professional backgrounds,
possessing legal, management, personnel, or labor experience;
at least one member with at least 10 years of experience as a
licensed physician or clinical psychologist with expertise in
mental health; and at least one member affiliated with an
organization committed commitment to social and economic
rights and to eliminating discrimination.. No more than 4
members of the Board shall be affiliated with the same
political party. If the Senate is not in session at the time
initial appointments are made pursuant to this Section
section, the Governor shall make temporary appointments as in
the case of a vacancy. In order to avoid actual conflicts of
interest, or the appearance of conflicts of interest, no board
member shall be a retired or former employee of the Illinois
State Police. When a Board member may have an actual,
perceived, or potential conflict of interest that could
prevent the Board member from making a fair and impartial
decision on a complaint or formal complaint against an
Illinois State Police officer, the Board member shall recuse
himself or herself; or, if If the Board member fails to recuse
himself or herself, then the Board may, by a simple majority,
vote to recuse the Board member.

(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 11-22-21.)
(20 ILCS 2610/8) (from Ch. 121, par. 307.8)
Sec. 8. Board jurisdiction.
(a) The Board shall exercise jurisdiction over the
certification for appointment and promotion, and over the
discipline, removal, demotion, and suspension of Illinois
State Police officers. The Board and the Illinois State Police
should also ensure Illinois State Police cadets and officers
represent the utmost integrity and professionalism and
represent the geographic, ethnic, and cultural diversity of
this State. The Board shall also exercise jurisdiction to
certify and terminate Illinois State Police officers Officers
in compliance with certification standards consistent with
Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
merit principles of public employment, the Board shall
formulate, adopt, and put into effect rules, regulations, and
procedures for its operation and the transaction of its
business. The Board shall establish a classification of ranks
of persons subject to its jurisdiction and shall set standards
and qualifications for each rank. Each Illinois State Police
officer appointed by the Director shall be classified as a
State Police officer as follows: trooper, sergeant, master
sergeant, lieutenant, captain, major, or Special Agent.
(b) The Board shall publish all standards and

qualifications for each rank, including Cadet, on its website.
This shall include, but not be limited to, all physical
fitness, medical, visual, and hearing standards. The Illinois
State Police shall cooperate with the Board by providing any
necessary information to complete this requirement.
(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
(20 ILCS 2610/9) (from Ch. 121, par. 307.9)
Sec. 9. Appointment; qualifications.
(a) Except as otherwise provided in this Section, the
appointment of Illinois State Police officers shall be made
from those applicants who have been certified by the Board as
being qualified for appointment. All persons so appointed
shall, at the time of their appointment, be not less than 21
years of age, or 20 years of age and have successfully
completed an associate's degree or 60 credit hours at an
accredited college or university. Any person appointed
subsequent to successful completion of an associate's degree
or 60 credit hours at an accredited college or university
shall not have power of arrest, nor shall he or she be
permitted to carry firearms, until he or she reaches 21 years
of age. In addition, all persons so certified for appointment
shall be of sound mind and body, be of good moral character, be
citizens of the United States, have no criminal records,
possess such prerequisites of training, education, and

experience as the Board may from time to time prescribe so long
as persons who have an associate's degree or 60 credit hours at
an accredited college or university are not disqualified, and
shall be required to pass successfully such mental and
physical tests and examinations as may be prescribed by the
Board. All persons who meet one of the following requirements
are deemed to have met the collegiate educational
requirements:
(i) have been honorably discharged and who have been
awarded a Southwest Asia Service Medal, Kosovo Campaign
Medal, Korean Defense Service Medal, Afghanistan Campaign
Medal, Iraq Campaign Medal, or Global War on Terrorism
Expeditionary Medal by the United States Armed Forces;
(ii) are active members of the Illinois National Guard
or a reserve component of the United States Armed Forces
and who have been awarded a Southwest Asia Service Medal,
Kosovo Campaign Medal, Korean Defense Service Medal,
Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
War on Terrorism Expeditionary Medal as a result of
honorable service during deployment on active duty;
(iii) have been honorably discharged who served in a
combat mission by proof of hostile fire pay or imminent
danger pay during deployment on active duty; or
(iv) have at least 3 years of full active and
continuous military duty and received an honorable
discharge before hiring.

Preference shall be given in such appointments to persons
who have honorably served in the military or naval services of
the United States. All appointees shall serve a probationary
period of 12 months from the date of appointment and during
that period may be discharged at the will of the Director.
However, the Director may in his or her sole discretion extend
the probationary period of an officer up to an additional 6
months when to do so is deemed in the best interest of the
Illinois State Police. Nothing in this subsection (a) limits
the Board's ability to prescribe education prerequisites or
requirements to certify Illinois State Police officers for
promotion as provided in Section 10 of this Act.
(b) Notwithstanding the other provisions of this Act,
after July 1, 1977 and before July 1, 1980, the Director of
State Police may appoint and promote not more than 20 persons
having special qualifications as special agents as he or she
deems necessary to carry out the Department's objectives. Any
such appointment or promotion shall be ratified by the Board.
(c) During the 90 days following March 31, 1995 (the
effective date of Public Act 89-9) this amendatory Act of
1995, the Director of State Police may appoint up to 25 persons
as State Police officers. These appointments shall be made in
accordance with the requirements of this subsection (c) and
any additional criteria that may be established by the
Director, but are not subject to any other requirements of
this Act. The Director may specify the initial rank for each

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

accordance with the requirements of this subsection (d) and
any institutional criteria that may be established by the
Director, but are not subject to any other requirements of
this Act. All appointments under this subsection (d) shall be
made from personnel certified by the Board. A person certified
by the Board and appointed by the Director under this
subsection must have been employed by the a State state
agency, board, or commission on January 1, 2021, in a job title
subject to the Personnel Code and in a position for which the
person was eligible to earn "eligible creditable service" as a
"noncovered employee", as those terms are defined in Article
14 of the Illinois Pension Code. Persons appointed under this
subsection (d) shall thereafter be subject to the same
requirements, and subject to the same contractual benefits and
obligations, as other State police officers. This subsection
(d) does not affect or limit the Director's authority to
appoint other State Police officers under subsection (a) of
this Section.
(e) The Merit Board shall review Illinois State Police
Cadet applicants. The Illinois State Police may provide
background check and investigation material to the Board for
its their review 10 pursuant to this Section section. The
Board shall approve and ensure that no cadet applicant is
certified unless the applicant is a person of good character
and has not been convicted of, or entered a plea of guilty to,
a felony offense, any of the misdemeanors specified in this

Section or if committed in any other state would be an offense
similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1,
11-14, 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 section of Part E of Title III of the
Criminal Code of 1961 or the Criminal Code of 2012, 32-4a, or
32-7 of the Criminal Code of 1961 or the Criminal Code of 2012,
or subsection (a) of Section 17-32 of the Criminal Code of 1961
or the Criminal Code of 2012, to Section 5 or 5.2 of the
Cannabis Control Act, or any felony or misdemeanor in
violation of federal law or the law of any state that is the
equivalent of any of the offenses specified therein. The
Officer Professional Conduct Misconduct Database, provided for
in Section 9.2 of the Illinois Police Training Act, shall be
searched as part of this process. For purposes of this
Section, "convicted of, or entered a plea of guilty"
regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon. This includes sentences of
supervision, conditional discharge, or first offender
probation, or any similar disposition provided for by law.
(f) The Board shall by rule establish an application fee
waiver program for any person who meets one or more of the
following criteria:
(1) his or her available personal income is 200% or
less of the current poverty level; or
(2) he or she is, in the discretion of the Board,

unable to proceed in an action with payment of application
fee and payment of that fee would result in substantial
hardship to the person or the person's family.
(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
102-538, eff 8-20-21; revised 11-22-21.)
(20 ILCS 2610/12.6)
Sec. 12.6. Automatic termination of Illinois State Police
officers. The Board shall terminate a State state police
officer convicted of a felony offense under the laws of this
State or any other state which if committed in this State would
be punishable as a felony. The Board must also terminate
Illinois State Police officers who were convicted of, or
entered a plea of guilty to, on or after the effective date of
this amendatory Act of the 101st General Assembly, any
misdemeanor specified in this Section or if committed in any
other state would be an offense similar to Section 11-1.50,
11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 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
section of Part E of Title III of the Criminal Code of 1961 or
the Criminal Code of 2012, 32-4a, or 32-7 of the Criminal Code
of 1961 or the Criminal Code of 2012, or subsection (a) of
Section 17-32 of the Criminal Code of 1961 or the Criminal Code
of 2012, to Section 5 or 5.2 of the Cannabis Control Act, or
any felony or misdemeanor in violation of federal law or the

law of any state that is the equivalent of any of the offenses
specified therein. The Illinois State Police Merit Board shall
report terminations under this Section to the Officer
Professional Conduct Misconduct Database, provided in Section
9.2 of the Illinois Police Training Act. For purposes of this
Section, section "convicted of, or entered a plea of guilty"
regardless of whether the adjudication of guilt or sentence is
withheld or not entered thereon. This includes sentences of
supervision, conditional discharge, or first offender
probation, or any similar disposition provided for by law.
(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
(20 ILCS 2610/12.7)
Sec. 12.7. Discretionary termination of Illinois State
Police officers.
(a) Definitions. For purposes of this Section 12.7 6.3:
"Duty to intervene" means an obligation to intervene to
prevent harm from occurring that arises when an officer is
present and has reason to know:
(1) that excessive force is being used; or
(2) that any constitutional violation has been
committed by a law enforcement official; and the officer
has a realistic opportunity to intervene.
This duty applies equally to supervisory and
nonsupervisory officers. If aid is required, the officer
shall not, when reasonable to administer aid, knowingly

and willingly refuse to render aid as defined by State or
federal law. An officer does not violate this duty if the
failure to render aid is due to circumstances such as lack
of appropriate specialized training, lack of resources or
equipment, or both, or if it is unsafe or impracticable to
render aid.
"Excessive use of force" means using force in violation of
State or federal law.
"False statement" means:
(1) any knowingly false statement provided on a form
or report;
(2) that the writer does not believe to be true; and
(3) that the writer includes to mislead a public
servant in performing that public servant's official
functions.
"Perjury" has the meaning as defined under Sections 32-2
and 32-3 of the Criminal Code of 2012.
"Tampers with or fabricates evidence" means if a law
enforcement officer:
(1) has reason to believe that an official proceeding
is pending or may be instituted; and
(2) alters, destroys, conceals, or removes any record,
document, data, video or thing to impair its validity or
availability in the proceeding.
(b) Discretionary termination conduct. The Board may
terminate an Illinois State Police officer upon a

determination by the Board that the Illinois State Police
officer has:
(1) committed an act that would constitute a felony or
misdemeanor which could serve as basis for automatic
decertification, whether or not the law enforcement
officer was criminally prosecuted, and whether or not the
law enforcement officer's employment was terminated;
(2) exercised excessive use of force;
(3) failed to comply with the officer's duty to
intervene, including through acts or omission;
(4) tampered with a dash camera or body-worn camera or
data recorded by a dash camera or body-worn camera or
directed another to tamper with or turn off a dash camera
or body-worn camera or data recorded by a dash camera or
body-worn camera for the purpose of concealing, destroying
or altering potential evidence;
(5) engaged in the following conduct relating to the
reporting, investigation, or prosecution of a crime:
committed perjury, made a false statement, or knowingly
tampered with or fabricated evidence;
(6) engaged in any unprofessional, unethical,
deceptive, or deleterious conduct or practice harmful to
the public; such conduct or practice need not have
resulted in actual injury to any person. As used in this
paragraph, the term "unprofessional conduct" shall include
any departure from, or failure to conform to, the minimal

standards of acceptable and prevailing practice of an
officer.
(c) (b) If an officer enters a plea of guilty, nolo
contendere, stipulates to the facts or is found guilty of a
violation of any law, or if there is any other Board or
judicial determination that will support any punitive measure
taken against the officer, such action by the officer or
judicial entity may be considered for the purposes of this
Section. Termination under this Section shall be by clear and
convincing evidence. If the Board votes to terminate, the
Board shall put its decision in writing, setting forth the
specific reasons for its decision. Final decisions under this
Section are reviewable under the Administrative Review Law.
(d) (c) The Illinois State Police Merit Board shall report
all terminations under this Section to the Officer
Professional Conduct Misconduct Database, provided in Section
9.2 of the Illinois Police Training Act.
(e) (d) Nothing in this Act shall require an Illinois
State Police officer to waive any applicable constitutional
rights.
(f) (e) Nothing in this Section shall prohibit the Merit
Board from administering discipline up to and including
termination for violations of Illinois State Police policies
and procedures pursuant to other Sections sections of this
Act.
(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)

(20 ILCS 2610/14) (from Ch. 121, par. 307.14)
Sec. 14. Except as is otherwise provided in this Act, no
Illinois State Police officer shall be removed, demoted, or
suspended except for cause, upon written charges filed with
the Board by the Director and a hearing before the Board
thereon upon not less than 10 days' notice at a place to be
designated by the chairman thereof. At such hearing, the
accused shall be afforded full opportunity to be heard in his
or her own defense and to produce proof in his or her defense.
It shall not be a requirement of a person filing a complaint
against a State Police officer Officer to have a complaint
supported by a sworn affidavit or any other legal
documentation. This ban on an affidavit requirement shall
apply to any collective bargaining agreements entered after
the effective date of this provision.
Before any such officer may be interrogated or examined by
or before the Board, or by an Illinois State Police agent or
investigator specifically assigned to conduct an internal
investigation, the results of which hearing, interrogation, or
examination may be the basis for filing charges seeking his or
her suspension for more than 15 days or his or her removal or
discharge, he or she shall be advised in writing as to what
specific improper or illegal act he or she is alleged to have
committed; he or she shall be advised in writing that his or
her admissions made in the course of the hearing,

interrogation, or examination may be used as the basis for
charges seeking his or her suspension, removal, or discharge;
and he or she shall be advised in writing that he or she has a
right to counsel of his or her choosing, who may be present to
advise him or her at any hearing, interrogation, or
examination. A complete record of any hearing, interrogation,
or examination shall be made, and a complete transcript or
electronic recording thereof shall be made available to such
officer without charge and without delay.
The Board shall have the power to secure by its subpoena
both the attendance and testimony of witnesses and the
production of books and papers in support of the charges and
for the defense. Each member of the Board or a designated
hearing officer shall have the power to administer oaths or
affirmations. If the charges against an accused are
established by a preponderance of evidence, the Board shall
make a finding of guilty and order either removal, demotion,
suspension for a period of not more than 180 days, or such
other disciplinary punishment as may be prescribed by the
rules and regulations of the Board which, in the opinion of the
members thereof, the offense merits. Thereupon the Director
shall direct such removal or other punishment as ordered by
the Board and if the accused refuses to abide by any such
disciplinary order, the Director shall remove him or her
forthwith.
If the accused is found not guilty or has served a period

of suspension greater than prescribed by the Board, the Board
shall order that the officer receive compensation for the
period involved. The award of compensation shall include
interest at the rate of 7% per annum.
The Board may include in its order appropriate sanctions
based upon the Board's rules and regulations. If the Board
finds that a party has made allegations or denials without
reasonable cause or has engaged in frivolous litigation for
the purpose of delay or needless increase in the cost of
litigation, it may order that party to pay the other party's
reasonable expenses, including costs and reasonable attorney's
fees. The State of Illinois and the Illinois State Police
shall be subject to these sanctions in the same manner as other
parties.
In case of the neglect or refusal of any person to obey a
subpoena issued by the Board, any circuit court, upon
application of any member of the Board, may order such person
to appear before the Board and give testimony or produce
evidence, and any failure to obey such order is punishable by
the court as a contempt thereof.
The provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto, shall apply to and govern all proceedings
for the judicial review of any order of the Board rendered
pursuant to the provisions of this Section.
Notwithstanding the provisions of this Section, a policy

making officer, as defined in the Employee Rights Violation
Act, of the Illinois State Police shall be discharged from the
Illinois State Police as provided in the Employee Rights
Violation Act, enacted by the 85th General Assembly.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-4-21.)
(20 ILCS 2610/46)
Sec. 46. Officer Professional Conduct Database; reporting,
transparency.
(a) The Illinois State Police Merit Board shall be
responsible for reporting all required information contained
in the Officer Professional Conduct Misconduct Database,
provided in Section 9.2 of the Illinois Police Training Act.
(b) Before the Illinois State Police Merit Board certifies
any Illinois State Police Cadet the Board shall conduct a
search of all Illinois State Police Cadet applicants in the
Officer Professional Conduct Database.
(c) The database, documents, materials, or other
information in the possession or control of the Board that are
obtained by or disclosed to the Board pursuant to this
subsection shall be confidential by law and privileged, shall
not be subject to subpoena, and shall not be subject to
discovery or admissible in evidence in any private civil
action. However, the Board is authorized to use such
documents, materials, or other information in furtherance of

any regulatory or legal action brought as part of the Board's
official duties. Unless otherwise required by law, the Board
shall not disclose the database or make such documents,
materials, or other information public without the prior
written consent of the governmental agency and the law
enforcement officer. The Board nor any person who received
documents, materials or other information shared pursuant to
this subsection shall be required to testify in any private
civil action concerning the database or any confidential
documents, materials, or information subject to this
subsection.
Nothing in this Section shall exempt a governmental agency
from disclosing public records in accordance with the Freedom
of Information Act.
(Source: P.A. 101-652, eff. 1-1-22; revised 12-1-21.)
Section 180. The Criminal Identification Act is amended by
changing Section 5.2 as follows:
(20 ILCS 2630/5.2)
Sec. 5.2. Expungement, sealing, and immediate sealing.
(a) General Provisions.
(1) Definitions. In this Act, words and phrases have
the meanings set forth in this subsection, except when a
particular context clearly requires a different meaning.
(A) The following terms shall have the meanings

ascribed to them in the following Sections of the
Unified Code of Corrections, 730 ILCS 5/5-1-2 through
5/5-1-22:
(i) Business Offense, Section 5-1-2. (730 ILCS
5/5-1-2),
(ii) Charge, Section 5-1-3. (730 ILCS
5/5-1-3),
(iii) Court, Section 5-1-6. (730 ILCS
5/5-1-6),
(iv) Defendant, Section 5-1-7. (730 ILCS
5/5-1-7),
(v) Felony, Section 5-1-9. (730 ILCS 5/5-1-9),
(vi) Imprisonment, Section 5-1-10. (730 ILCS
5/5-1-10),
(vii) Judgment, Section 5-1-12. (730 ILCS
5/5-1-12),
(viii) Misdemeanor, Section 5-1-14. (730 ILCS
5/5-1-14),
(ix) Offense, Section 5-1-15. (730 ILCS
5/5-1-15),
(x) Parole, Section 5-1-16. (730 ILCS
5/5-1-16),
(xi) Petty Offense, Section 5-1-17. (730 ILCS
5/5-1-17),
(xii) Probation, Section 5-1-18. (730 ILCS
5/5-1-18),

(xiii) Sentence, Section 5-1-19. (730 ILCS
5/5-1-19),
(xiv) Supervision, Section 5-1-21. (730 ILCS
5/5-1-21), and
(xv) Victim, Section 5-1-22. (730 ILCS
5/5-1-22).
(B) As used in this Section, "charge not initiated
by arrest" means a charge (as defined by Section 5-1-3
of the Unified Code of Corrections 730 ILCS 5/5-1-3)
brought against a defendant where the defendant is not
arrested prior to or as a direct result of the charge.
(C) "Conviction" means a judgment of conviction or
sentence entered upon a plea of guilty or upon a
verdict or finding of guilty of an offense, rendered
by a legally constituted jury or by a court of
competent jurisdiction authorized to try the case
without a jury. An order of supervision successfully
completed by the petitioner is not a conviction. An
order of qualified probation (as defined in subsection
(a)(1)(J)) successfully completed by the petitioner is
not a conviction. An order of supervision or an order
of qualified probation that is terminated
unsatisfactorily is a conviction, unless the
unsatisfactory termination is reversed, vacated, or
modified and the judgment of conviction, if any, is
reversed or vacated.

(D) "Criminal offense" means a petty offense,
business offense, misdemeanor, felony, or municipal
ordinance violation (as defined in subsection
(a)(1)(H)). As used in this Section, a minor traffic
offense (as defined in subsection (a)(1)(G)) shall not
be considered a criminal offense.
(E) "Expunge" means to physically destroy the
records or return them to the petitioner and to
obliterate the petitioner's name from any official
index or public record, or both. Nothing in this Act
shall require the physical destruction of the circuit
court file, but such records relating to arrests or
charges, or both, ordered expunged shall be impounded
as required by subsections (d)(9)(A)(ii) and
(d)(9)(B)(ii).
(F) As used in this Section, "last sentence" means
the sentence, order of supervision, or order of
qualified probation (as defined by subsection
(a)(1)(J)), for a criminal offense (as defined by
subsection (a)(1)(D)) that terminates last in time in
any jurisdiction, regardless of whether the petitioner
has included the criminal offense for which the
sentence or order of supervision or qualified
probation was imposed in his or her petition. If
multiple sentences, orders of supervision, or orders
of qualified probation terminate on the same day and

are last in time, they shall be collectively
considered the "last sentence" regardless of whether
they were ordered to run concurrently.
(G) "Minor traffic offense" means a petty offense,
business offense, or Class C misdemeanor under the
Illinois Vehicle Code or a similar provision of a
municipal or local ordinance.
(G-5) "Minor Cannabis Offense" means a violation
of Section 4 or 5 of the Cannabis Control Act
concerning not more than 30 grams of any substance
containing cannabis, provided the violation did not
include a penalty enhancement under Section 7 of the
Cannabis Control Act and is not associated with an
arrest, conviction or other disposition for a violent
crime as defined in subsection (c) of Section 3 of the
Rights of Crime Victims and Witnesses Act.
(H) "Municipal ordinance violation" means an
offense defined by a municipal or local ordinance that
is criminal in nature and with which the petitioner
was charged or for which the petitioner was arrested
and released without charging.
(I) "Petitioner" means an adult or a minor
prosecuted as an adult who has applied for relief
under this Section.
(J) "Qualified probation" means an order of
probation under Section 10 of the Cannabis Control

Act, Section 410 of the Illinois Controlled Substances
Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 5-6-3.3 or 5-6-3.4
of the Unified Code of Corrections, Section
12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as
those provisions existed before their deletion by
Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, or Section 10
of the Steroid Control Act. For the purpose of this
Section, "successful completion" of an order of
qualified probation under Section 10-102 of the
Illinois Alcoholism and Other Drug Dependency Act and
Section 40-10 of the Substance Use Disorder Act means
that the probation was terminated satisfactorily and
the judgment of conviction was vacated.
(K) "Seal" means to physically and electronically
maintain the records, unless the records would
otherwise be destroyed due to age, but to make the
records unavailable without a court order, subject to
the exceptions in Sections 12 and 13 of this Act. The
petitioner's name shall also be obliterated from the
official index required to be kept by the circuit
court clerk under Section 16 of the Clerks of Courts
Act, but any index issued by the circuit court clerk
before the entry of the order to seal shall not be

affected.
(L) "Sexual offense committed against a minor"
includes, but is not limited to, the offenses of
indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years
of age.
(M) "Terminate" as it relates to a sentence or
order of supervision or qualified probation includes
either satisfactory or unsatisfactory termination of
the sentence, unless otherwise specified in this
Section. A sentence is terminated notwithstanding any
outstanding financial legal obligation.
(2) Minor Traffic Offenses. Orders of supervision or
convictions for minor traffic offenses shall not affect a
petitioner's eligibility to expunge or seal records
pursuant to this Section.
(2.5) Commencing 180 days after July 29, 2016 (the
effective date of Public Act 99-697), the law enforcement
agency issuing the citation shall automatically expunge,
on or before January 1 and July 1 of each year, the law
enforcement records of a person found to have committed a
civil law violation of subsection (a) of Section 4 of the
Cannabis Control Act or subsection (c) of Section 3.5 of
the Drug Paraphernalia Control Act in the law enforcement
agency's possession or control and which contains the
final satisfactory disposition which pertain to the person

issued a citation for that offense. The law enforcement
agency shall provide by rule the process for access,
review, and to confirm the automatic expungement by the
law enforcement agency issuing the citation. Commencing
180 days after July 29, 2016 (the effective date of Public
Act 99-697), the clerk of the circuit court shall expunge,
upon order of the court, or in the absence of a court order
on or before January 1 and July 1 of each year, the court
records of a person found in the circuit court to have
committed a civil law violation of subsection (a) of
Section 4 of the Cannabis Control Act or subsection (c) of
Section 3.5 of the Drug Paraphernalia Control Act in the
clerk's possession or control and which contains the final
satisfactory disposition which pertain to the person
issued a citation for any of those offenses.
(3) Exclusions. Except as otherwise provided in
subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6)
of this Section, the court shall not order:
(A) the sealing or expungement of the records of
arrests or charges not initiated by arrest that result
in an order of supervision for or conviction of: (i)
any sexual offense committed against a minor; (ii)
Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance; or (iii)
Section 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance, unless the

arrest or charge is for a misdemeanor violation of
subsection (a) of Section 11-503 or a similar
provision of a local ordinance, that occurred prior to
the offender reaching the age of 25 years and the
offender has no other conviction for violating Section
11-501 or 11-503 of the Illinois Vehicle Code or a
similar provision of a local ordinance.
(B) the sealing or expungement of records of minor
traffic offenses (as defined in subsection (a)(1)(G)),
unless the petitioner was arrested and released
without charging.
(C) the sealing of the records of arrests or
charges not initiated by arrest which result in an
order of supervision or a conviction for the following
offenses:
(i) offenses included in Article 11 of the
Criminal Code of 1961 or the Criminal Code of 2012
or a similar provision of a local ordinance,
except Section 11-14 and a misdemeanor violation
of Section 11-30 of the Criminal Code of 1961 or
the Criminal Code of 2012, or a similar provision
of a local ordinance;
(ii) Section 11-1.50, 12-3.4, 12-15, 12-30,
26-5, or 48-1 of the Criminal Code of 1961 or the
Criminal Code of 2012, or a similar provision of a
local ordinance;

(iii) Sections 12-3.1 or 12-3.2 of the
Criminal Code of 1961 or the Criminal Code of
2012, or Section 125 of the Stalking No Contact
Order Act, or Section 219 of the Civil No Contact
Order Act, or a similar provision of a local
ordinance;
(iv) Class A misdemeanors or felony offenses
under the Humane Care for Animals Act; or
(v) any offense or attempted offense that
would subject a person to registration under the
Sex Offender Registration Act.
(D) (blank).
(b) Expungement.
(1) A petitioner may petition the circuit court to
expunge the records of his or her arrests and charges not
initiated by arrest when each arrest or charge not
initiated by arrest sought to be expunged resulted in: (i)
acquittal, dismissal, or the petitioner's release without
charging, unless excluded by subsection (a)(3)(B); (ii) a
conviction which was vacated or reversed, unless excluded
by subsection (a)(3)(B); (iii) an order of supervision and
such supervision was successfully completed by the
petitioner, unless excluded by subsection (a)(3)(A) or
(a)(3)(B); or (iv) an order of qualified probation (as
defined in subsection (a)(1)(J)) and such probation was
successfully completed by the petitioner.

(1.5) When a petitioner seeks to have a record of
arrest expunged under this Section, and the offender has
been convicted of a criminal offense, the State's Attorney
may object to the expungement on the grounds that the
records contain specific relevant information aside from
the mere fact of the arrest.
(2) Time frame for filing a petition to expunge.
(A) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an acquittal,
dismissal, the petitioner's release without charging,
or the reversal or vacation of a conviction, there is
no waiting period to petition for the expungement of
such records.
(B) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
supervision, successfully completed by the petitioner,
the following time frames will apply:
(i) Those arrests or charges that resulted in
orders of supervision under Section 3-707, 3-708,
3-710, or 5-401.3 of the Illinois Vehicle Code or
a similar provision of a local ordinance, or under
Section 11-1.50, 12-3.2, or 12-15 of the Criminal
Code of 1961 or the Criminal Code of 2012, or a
similar provision of a local ordinance, shall not
be eligible for expungement until 5 years have
passed following the satisfactory termination of

the supervision.
(i-5) Those arrests or charges that resulted
in orders of supervision for a misdemeanor
violation of subsection (a) of Section 11-503 of
the Illinois Vehicle Code or a similar provision
of a local ordinance, that occurred prior to the
offender reaching the age of 25 years and the
offender has no other conviction for violating
Section 11-501 or 11-503 of the Illinois Vehicle
Code or a similar provision of a local ordinance
shall not be eligible for expungement until the
petitioner has reached the age of 25 years.
(ii) Those arrests or charges that resulted in
orders of supervision for any other offenses shall
not be eligible for expungement until 2 years have
passed following the satisfactory termination of
the supervision.
(C) When the arrest or charge not initiated by
arrest sought to be expunged resulted in an order of
qualified probation, successfully completed by the
petitioner, such records shall not be eligible for
expungement until 5 years have passed following the
satisfactory termination of the probation.
(3) Those records maintained by the Illinois State
Police Department for persons arrested prior to their 17th
birthday shall be expunged as provided in Section 5-915 of

the Juvenile Court Act of 1987.
(4) Whenever a person has been arrested for or
convicted of any offense, in the name of a person whose
identity he or she has stolen or otherwise come into
possession of, the aggrieved person from whom the identity
was stolen or otherwise obtained without authorization,
upon learning of the person having been arrested using his
or her identity, may, upon verified petition to the chief
judge of the circuit wherein the arrest was made, have a
court order entered nunc pro tunc by the Chief Judge to
correct the arrest record, conviction record, if any, and
all official records of the arresting authority, the
Illinois State Police Department, other criminal justice
agencies, the prosecutor, and the trial court concerning
such arrest, if any, by removing his or her name from all
such records in connection with the arrest and conviction,
if any, and by inserting in the records the name of the
offender, if known or ascertainable, in lieu of the
aggrieved's name. The records of the circuit court clerk
shall be sealed until further order of the court upon good
cause shown and the name of the aggrieved person
obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. Nothing in this Section shall limit the Illinois

Department of State Police or other criminal justice
agencies or prosecutors from listing under an offender's
name the false names he or she has used.
(5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, criminal
sexual abuse, or aggravated criminal sexual abuse, the
victim of that offense may request that the State's
Attorney of the county in which the conviction occurred
file a verified petition with the presiding trial judge at
the petitioner's trial to have a court order entered to
seal the records of the circuit court clerk in connection
with the proceedings of the trial court concerning that
offense. However, the records of the arresting authority
and the Illinois Department of State Police concerning the
offense shall not be sealed. The court, upon good cause
shown, shall make the records of the circuit court clerk
in connection with the proceedings of the trial court
concerning the offense available for public inspection.
(6) If a conviction has been set aside on direct
review or on collateral attack and the court determines by
clear and convincing evidence that the petitioner was
factually innocent of the charge, the court that finds the
petitioner factually innocent of the charge shall enter an
expungement order for the conviction for which the
petitioner has been determined to be innocent as provided

in subsection (b) of Section 5-5-4 of the Unified Code of
Corrections.
(7) Nothing in this Section shall prevent the Illinois
Department of State Police from maintaining all records of
any person who is admitted to probation upon terms and
conditions and who fulfills those terms and conditions
pursuant to Section 10 of the Cannabis Control Act,
Section 410 of the Illinois Controlled Substances Act,
Section 70 of the Methamphetamine Control and Community
Protection Act, Section 5-6-3.3 or 5-6-3.4 of the Unified
Code of Corrections, Section 12-4.3 or subdivision (b)(1)
of Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of
the Substance Use Disorder Act, or Section 10 of the
Steroid Control Act.
(8) If the petitioner has been granted a certificate
of innocence under Section 2-702 of the Code of Civil
Procedure, the court that grants the certificate of
innocence shall also enter an order expunging the
conviction for which the petitioner has been determined to
be innocent as provided in subsection (h) of Section 2-702
of the Code of Civil Procedure.
(c) Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any

rights to expungement of criminal records, this subsection
authorizes the sealing of criminal records of adults and
of minors prosecuted as adults. Subsection (g) of this
Section provides for immediate sealing of certain records.
(2) Eligible Records. The following records may be
sealed:
(A) All arrests resulting in release without
charging;
(B) Arrests or charges not initiated by arrest
resulting in acquittal, dismissal, or conviction when
the conviction was reversed or vacated, except as
excluded by subsection (a)(3)(B);
(C) Arrests or charges not initiated by arrest
resulting in orders of supervision, including orders
of supervision for municipal ordinance violations,
successfully completed by the petitioner, unless
excluded by subsection (a)(3);
(D) Arrests or charges not initiated by arrest
resulting in convictions, including convictions on
municipal ordinance violations, unless excluded by
subsection (a)(3);
(E) Arrests or charges not initiated by arrest
resulting in orders of first offender probation under
Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, Section 70 of
the Methamphetamine Control and Community Protection

Act, or Section 5-6-3.3 of the Unified Code of
Corrections; and
(F) Arrests or charges not initiated by arrest
resulting in felony convictions unless otherwise
excluded by subsection (a) paragraph (3) of this
Section.
(3) When Records Are Eligible to Be Sealed. Records
identified as eligible under subsection (c)(2) may be
sealed as follows:
(A) Records identified as eligible under
subsection (c)(2)(A) and (c)(2)(B) may be sealed at
any time.
(B) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsection (c)(2)(C) may be sealed 2
years after the termination of petitioner's last
sentence (as defined in subsection (a)(1)(F)).
(C) Except as otherwise provided in subparagraph
(E) of this paragraph (3), records identified as
eligible under subsections (c)(2)(D), (c)(2)(E), and
(c)(2)(F) may be sealed 3 years after the termination
of the petitioner's last sentence (as defined in
subsection (a)(1)(F)). Convictions requiring public
registration under the Arsonist Registration Act, the
Sex Offender Registration Act, or the Murderer and
Violent Offender Against Youth Registration Act may

not be sealed until the petitioner is no longer
required to register under that relevant Act.
(D) Records identified in subsection
(a)(3)(A)(iii) may be sealed after the petitioner has
reached the age of 25 years.
(E) Records identified as eligible under
subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or
(c)(2)(F) may be sealed upon termination of the
petitioner's last sentence if the petitioner earned a
high school diploma, associate's degree, career
certificate, vocational technical certification, or
bachelor's degree, or passed the high school level
Test of General Educational Development, during the
period of his or her sentence or mandatory supervised
release. This subparagraph shall apply only to a
petitioner who has not completed the same educational
goal prior to the period of his or her sentence or
mandatory supervised release. If a petition for
sealing eligible records filed under this subparagraph
is denied by the court, the time periods under
subparagraph (B) or (C) shall apply to any subsequent
petition for sealing filed by the petitioner.
(4) Subsequent felony convictions. A person may not
have subsequent felony conviction records sealed as
provided in this subsection (c) if he or she is convicted
of any felony offense after the date of the sealing of

prior felony convictions as provided in this subsection
(c). The court may, upon conviction for a subsequent
felony offense, order the unsealing of prior felony
conviction records previously ordered sealed by the court.
(5) Notice of eligibility for sealing. Upon entry of a
disposition for an eligible record under this subsection
(c), the petitioner shall be informed by the court of the
right to have the records sealed and the procedures for
the sealing of the records.
(d) Procedure. The following procedures apply to
expungement under subsections (b), (e), and (e-6) and sealing
under subsections (c) and (e-5):
(1) Filing the petition. Upon becoming eligible to
petition for the expungement or sealing of records under
this Section, the petitioner shall file a petition
requesting the expungement or sealing of records with the
clerk of the court where the arrests occurred or the
charges were brought, or both. If arrests occurred or
charges were brought in multiple jurisdictions, a petition
must be filed in each such jurisdiction. The petitioner
shall pay the applicable fee, except no fee shall be
required if the petitioner has obtained a court order
waiving fees under Supreme Court Rule 298 or it is
otherwise waived.
(1.5) County fee waiver pilot program. From August 9,
2019 (the effective date of Public Act 101-306) through

December 31, 2020, in a county of 3,000,000 or more
inhabitants, no fee shall be required to be paid by a
petitioner if the records sought to be expunged or sealed
were arrests resulting in release without charging or
arrests or charges not initiated by arrest resulting in
acquittal, dismissal, or conviction when the conviction
was reversed or vacated, unless excluded by subsection
(a)(3)(B). The provisions of this paragraph (1.5), other
than this sentence, are inoperative on and after January
1, 2022.
(2) Contents of petition. The petition shall be
verified and shall contain the petitioner's name, date of
birth, current address and, for each arrest or charge not
initiated by arrest sought to be sealed or expunged, the
case number, the date of arrest (if any), the identity of
the arresting authority, and such other information as the
court may require. During the pendency of the proceeding,
the petitioner shall promptly notify the circuit court
clerk of any change of his or her address. If the
petitioner has received a certificate of eligibility for
sealing from the Prisoner Review Board under paragraph
(10) of subsection (a) of Section 3-3-2 of the Unified
Code of Corrections, the certificate shall be attached to
the petition.
(3) Drug test. The petitioner must attach to the
petition proof that the petitioner has passed a test taken

within 30 days before the filing of the petition showing
the absence within his or her body of all illegal
substances as defined by the Illinois Controlled
Substances Act, the Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act if he or she
is petitioning to:
(A) seal felony records under clause (c)(2)(E);
(B) seal felony records for a violation of the
Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act under clause (c)(2)(F);
(C) seal felony records under subsection (e-5); or
(D) expunge felony records of a qualified
probation under clause (b)(1)(iv).
(4) Service of petition. The circuit court clerk shall
promptly serve a copy of the petition and documentation to
support the petition under subsection (e-5) or (e-6) on
the State's Attorney or prosecutor charged with the duty
of prosecuting the offense, the Illinois Department of
State Police, the arresting agency and the chief legal
officer of the unit of local government effecting the
arrest.
(5) Objections.
(A) Any party entitled to notice of the petition
may file an objection to the petition. All objections
shall be in writing, shall be filed with the circuit

court clerk, and shall state with specificity the
basis of the objection. Whenever a person who has been
convicted of an offense is granted a pardon by the
Governor which specifically authorizes expungement, an
objection to the petition may not be filed.
(B) Objections to a petition to expunge or seal
must be filed within 60 days of the date of service of
the petition.
(6) Entry of order.
(A) The Chief Judge of the circuit wherein the
charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less
than 3,000,000 inhabitants, the presiding trial judge
at the petitioner's trial, if any, shall rule on the
petition to expunge or seal as set forth in this
subsection (d)(6).
(B) Unless the State's Attorney or prosecutor, the
Illinois Department of State Police, the arresting
agency, or the chief legal officer files an objection
to the petition to expunge or seal within 60 days from
the date of service of the petition, the court shall
enter an order granting or denying the petition.
(C) Notwithstanding any other provision of law,
the court shall not deny a petition for sealing under
this Section because the petitioner has not satisfied
an outstanding legal financial obligation established,

imposed, or originated by a court, law enforcement
agency, or a municipal, State, county, or other unit
of local government, including, but not limited to,
any cost, assessment, fine, or fee. An outstanding
legal financial obligation does not include any court
ordered restitution to a victim under Section 5-5-6 of
the Unified Code of Corrections, unless the
restitution has been converted to a civil judgment.
Nothing in this subparagraph (C) waives, rescinds, or
abrogates a legal financial obligation or otherwise
eliminates or affects the right of the holder of any
financial obligation to pursue collection under
applicable federal, State, or local law.
(7) Hearings. If an objection is filed, the court
shall set a date for a hearing and notify the petitioner
and all parties entitled to notice of the petition of the
hearing date at least 30 days prior to the hearing. Prior
to the hearing, the State's Attorney shall consult with
the Illinois State Police Department as to the
appropriateness of the relief sought in the petition to
expunge or seal. At the hearing, the court shall hear
evidence on whether the petition should or should not be
granted, and shall grant or deny the petition to expunge
or seal the records based on the evidence presented at the
hearing. The court may consider the following:
(A) the strength of the evidence supporting the

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

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

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

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

Illinois State Police Department within 60 days of
the date of service of the order as ordered by the
court, unless a motion to vacate, modify, or
reconsider the order is filed under paragraph (12)
of subsection (d) of this Section;
(iv) records impounded by the Illinois State
Police Department may be disseminated by the
Illinois State Police Department only as required
by law or to the arresting authority, the State's
Attorney, and the court upon a later arrest for
the same or a similar offense or for the purpose of
sentencing for any subsequent felony, and to the
Department of Corrections upon conviction for any
offense; and
(v) in response to an inquiry for these
records from anyone not authorized by law to
access the records, the court, the Illinois State
Police Department, or the agency receiving the
inquiry shall reply as it does in response to
inquiries when no records ever existed.
(C) Upon entry of an order to seal records under
subsection (c), the arresting agency, any other agency
as ordered by the court, the Illinois State Police
Department, and the court shall seal the records (as
defined in subsection (a)(1)(K)). In response to an
inquiry for such records, from anyone not authorized

by law to access such records, the court, the Illinois
State Police Department, or the agency receiving such
inquiry shall reply as it does in response to
inquiries when no records ever existed.
(D) The Illinois State Police Department shall
send written notice to the petitioner of its
compliance with each order to expunge or seal records
within 60 days of the date of service of that order or,
if a motion to vacate, modify, or reconsider is filed,
within 60 days of service of the order resolving the
motion, if that order requires the Illinois State
Police Department to expunge or seal records. In the
event of an appeal from the circuit court order, the
Illinois State Police Department shall send written
notice to the petitioner of its compliance with an
Appellate Court or Supreme Court judgment to expunge
or seal records within 60 days of the issuance of the
court's mandate. The notice is not required while any
motion to vacate, modify, or reconsider, or any appeal
or petition for discretionary appellate review, is
pending.
(E) Upon motion, the court may order that a sealed
judgment or other court record necessary to
demonstrate the amount of any legal financial
obligation due and owing be made available for the
limited purpose of collecting any legal financial

obligations owed by the petitioner that were
established, imposed, or originated in the criminal
proceeding for which those records have been sealed.
The records made available under this subparagraph (E)
shall not be entered into the official index required
to be kept by the circuit court clerk under Section 16
of the Clerks of Courts Act and shall be immediately
re-impounded upon the collection of the outstanding
financial obligations.
(F) Notwithstanding any other provision of this
Section, a circuit court clerk may access a sealed
record for the limited purpose of collecting payment
for any legal financial obligations that were
established, imposed, or originated in the criminal
proceedings for which those records have been sealed.
(10) Fees. The Illinois State Police Department may
charge the petitioner a fee equivalent to the cost of
processing any order to expunge or seal records.
Notwithstanding any provision of the Clerks of Courts Act
to the contrary, the circuit court clerk may charge a fee
equivalent to the cost associated with the sealing or
expungement of records by the circuit court clerk. From
the total filing fee collected for the petition to seal or
expunge, the circuit court clerk shall deposit $10 into
the Circuit Court Clerk Operation and Administrative Fund,
to be used to offset the costs incurred by the circuit

court clerk in performing the additional duties required
to serve the petition to seal or expunge on all parties.
The circuit court clerk shall collect and remit the
Illinois Department of State Police portion of the fee to
the State Treasurer and it shall be deposited in the State
Police Services Fund. If the record brought under an
expungement petition was previously sealed under this
Section, the fee for the expungement petition for that
same record shall be waived.
(11) Final Order. No court order issued under the
expungement or sealing provisions of this Section shall
become final for purposes of appeal until 30 days after
service of the order on the petitioner and all parties
entitled to notice of the petition.
(12) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner or any party entitled to notice may file a
motion to vacate, modify, or reconsider the order granting
or denying the petition to expunge or seal within 60 days
of service of the order. If filed more than 60 days after
service of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure. Upon filing of a
motion to vacate, modify, or reconsider, notice of the
motion shall be served upon the petitioner and all parties
entitled to notice of the petition.

(13) Effect of Order. An order granting a petition
under the expungement or sealing provisions of this
Section shall not be considered void because it fails to
comply with the provisions of this Section or because of
any error asserted in a motion to vacate, modify, or
reconsider. The circuit court retains jurisdiction to
determine whether the order is voidable and to vacate,
modify, or reconsider its terms based on a motion filed
under paragraph (12) of this subsection (d).
(14) Compliance with Order Granting Petition to Seal
Records. Unless a court has entered a stay of an order
granting a petition to seal, all parties entitled to
notice of the petition must fully comply with the terms of
the order within 60 days of service of the order even if a
party is seeking relief from the order through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order.
(15) Compliance with Order Granting Petition to
Expunge Records. While a party is seeking relief from the
order granting the petition to expunge through a motion
filed under paragraph (12) of this subsection (d) or is
appealing the order, and unless a court has entered a stay
of that order, the parties entitled to notice of the
petition must seal, but need not expunge, the records
until there is a final order on the motion for relief or,
in the case of an appeal, the issuance of that court's

mandate.
(16) The changes to this subsection (d) made by Public
Act 98-163 apply to all petitions pending on August 5,
2013 (the effective date of Public Act 98-163) and to all
orders ruling on a petition to expunge or seal on or after
August 5, 2013 (the effective date of Public Act 98-163).
(e) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the defendant's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department be sealed until further order of the court upon
good cause shown or as otherwise provided herein, and the name
of the defendant obliterated from the official index requested
to be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which he or she had been
pardoned but the order shall not affect any index issued by the
circuit court clerk before the entry of the order. All records
sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only to

the arresting authority, the State's Attorney, and the court
upon a later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Illinois State Police Department pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was pardoned.
(e-5) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for sealing by
the Prisoner Review Board which specifically authorizes
sealing, he or she may, upon verified petition to the Chief
Judge of the circuit where the person had been convicted, any
judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the petitioner's trial, have a court order
entered sealing the record of arrest from the official records
of the arresting authority and order that the records of the
circuit court clerk and the Illinois State Police Department
be sealed until further order of the court upon good cause
shown or as otherwise provided herein, and the name of the
petitioner obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the Clerks
of Courts Act in connection with the arrest and conviction for
the offense for which he or she had been granted the

certificate but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. All
records sealed by the Illinois State Police Department may be
disseminated by the Illinois State Police Department only as
required by this Act or to the arresting authority, a law
enforcement agency, the State's Attorney, and the court upon a
later arrest for the same or similar offense or for the purpose
of sentencing for any subsequent felony. Upon conviction for
any subsequent offense, the Department of Corrections shall
have access to all sealed records of the Illinois State Police
Department pertaining to that individual. Upon entry of the
order of sealing, the circuit court clerk shall promptly mail
a copy of the order to the person who was granted the
certificate of eligibility for sealing.
(e-6) Whenever a person who has been convicted of an
offense is granted a certificate of eligibility for
expungement by the Prisoner Review Board which specifically
authorizes expungement, he or she may, upon verified petition
to the Chief Judge of the circuit where the person had been
convicted, any judge of the circuit designated by the Chief
Judge, or in counties of less than 3,000,000 inhabitants, the
presiding trial judge at the petitioner's trial, have a court
order entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the circuit court clerk and the Illinois State Police
Department be sealed until further order of the court upon

good cause shown or as otherwise provided herein, and the name
of the petitioner obliterated from the official index
requested to be kept by the circuit court clerk under Section
16 of the Clerks of Courts Act in connection with the arrest
and conviction for the offense for which he or she had been
granted the certificate but the order shall not affect any
index issued by the circuit court clerk before the entry of the
order. All records sealed by the Illinois State Police
Department may be disseminated by the Illinois State Police
Department only as required by this Act or to the arresting
authority, a law enforcement agency, the State's Attorney, and
the court upon a later arrest for the same or similar offense
or for the purpose of sentencing for any subsequent felony.
Upon conviction for any subsequent offense, the Department of
Corrections shall have access to all expunged records of the
Illinois State Police Department pertaining to that
individual. Upon entry of the order of expungement, the
circuit court clerk shall promptly mail a copy of the order to
the person who was granted the certificate of eligibility for
expungement.
(f) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211. At the request of
the Illinois Department of Corrections, records of the

Illinois Department of Employment Security shall be utilized
as appropriate to assist in the study. The study shall not
disclose any data in a manner that would allow the
identification of any particular individual or employing unit.
The study shall be made available to the General Assembly no
later than September 1, 2010.
(g) Immediate Sealing.
(1) Applicability. Notwithstanding any other provision
of this Act to the contrary, and cumulative with any
rights to expungement or sealing of criminal records, this
subsection authorizes the immediate sealing of criminal
records of adults and of minors prosecuted as adults.
(2) Eligible Records. Arrests or charges not initiated
by arrest resulting in acquittal or dismissal with
prejudice, except as excluded by subsection (a)(3)(B),
that occur on or after January 1, 2018 (the effective date
of Public Act 100-282), may be sealed immediately if the
petition is filed with the circuit court clerk on the same
day and during the same hearing in which the case is
disposed.
(3) When Records are Eligible to be Immediately
Sealed. Eligible records under paragraph (2) of this
subsection (g) may be sealed immediately after entry of
the final disposition of a case, notwithstanding the
disposition of other charges in the same case.
(4) Notice of Eligibility for Immediate Sealing. Upon

entry of a disposition for an eligible record under this
subsection (g), the defendant shall be informed by the
court of his or her right to have eligible records
immediately sealed and the procedure for the immediate
sealing of these records.
(5) Procedure. The following procedures apply to
immediate sealing under this subsection (g).
(A) Filing the Petition. Upon entry of the final
disposition of the case, the defendant's attorney may
immediately petition the court, on behalf of the
defendant, for immediate sealing of eligible records
under paragraph (2) of this subsection (g) that are
entered on or after January 1, 2018 (the effective
date of Public Act 100-282). The immediate sealing
petition may be filed with the circuit court clerk
during the hearing in which the final disposition of
the case is entered. If the defendant's attorney does
not file the petition for immediate sealing during the
hearing, the defendant may file a petition for sealing
at any time as authorized under subsection (c)(3)(A).
(B) Contents of Petition. The immediate sealing
petition shall be verified and shall contain the
petitioner's name, date of birth, current address, and
for each eligible record, the case number, the date of
arrest if applicable, the identity of the arresting
authority if applicable, and other information as the

court may require.
(C) Drug Test. The petitioner shall not be
required to attach proof that he or she has passed a
drug test.
(D) Service of Petition. A copy of the petition
shall be served on the State's Attorney in open court.
The petitioner shall not be required to serve a copy of
the petition on any other agency.
(E) Entry of Order. The presiding trial judge
shall enter an order granting or denying the petition
for immediate sealing during the hearing in which it
is filed. Petitions for immediate sealing shall be
ruled on in the same hearing in which the final
disposition of the case is entered.
(F) Hearings. The court shall hear the petition
for immediate sealing on the same day and during the
same hearing in which the disposition is rendered.
(G) Service of Order. An order to immediately seal
eligible records shall be served in conformance with
subsection (d)(8).
(H) Implementation of Order. An order to
immediately seal records shall be implemented in
conformance with subsections (d)(9)(C) and (d)(9)(D).
(I) Fees. The fee imposed by the circuit court
clerk and the Illinois Department of State Police
shall comply with paragraph (1) of subsection (d) of

this Section.
(J) Final Order. No court order issued under this
subsection (g) shall become final for purposes of
appeal until 30 days after service of the order on the
petitioner and all parties entitled to service of the
order in conformance with subsection (d)(8).
(K) Motion to Vacate, Modify, or Reconsider. Under
Section 2-1203 of the Code of Civil Procedure, the
petitioner, State's Attorney, or the Illinois
Department of State Police may file a motion to
vacate, modify, or reconsider the order denying the
petition to immediately seal within 60 days of service
of the order. If filed more than 60 days after service
of the order, a petition to vacate, modify, or
reconsider shall comply with subsection (c) of Section
2-1401 of the Code of Civil Procedure.
(L) Effect of Order. An order granting an
immediate sealing petition shall not be considered
void because it fails to comply with the provisions of
this Section or because of an error asserted in a
motion to vacate, modify, or reconsider. The circuit
court retains jurisdiction to determine whether the
order is voidable, and to vacate, modify, or
reconsider its terms based on a motion filed under
subparagraph (L) of this subsection (g).
(M) Compliance with Order Granting Petition to

Seal Records. Unless a court has entered a stay of an
order granting a petition to immediately seal, all
parties entitled to service of the order must fully
comply with the terms of the order within 60 days of
service of the order.
(h) Sealing; trafficking victims.
(1) A trafficking victim as defined by paragraph (10)
of subsection (a) of Section 10-9 of the Criminal Code of
2012 shall be eligible to petition for immediate sealing
of his or her criminal record upon the completion of his or
her last sentence if his or her participation in the
underlying offense was a direct result of human
trafficking under Section 10-9 of the Criminal Code of
2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(2) A petitioner under this subsection (h), in
addition to the requirements provided under paragraph (4)
of subsection (d) of this Section, shall include in his or
her petition a clear and concise statement that: (A) he or
she was a victim of human trafficking at the time of the
offense; and (B) that his or her participation in the
offense was a direct result of human trafficking under
Section 10-9 of the Criminal Code of 2012 or a severe form
of trafficking under the federal Trafficking Victims
Protection Act.
(3) If an objection is filed alleging that the

petitioner is not entitled to immediate sealing under this
subsection (h), the court shall conduct a hearing under
paragraph (7) of subsection (d) of this Section and the
court shall determine whether the petitioner is entitled
to immediate sealing under this subsection (h). A
petitioner is eligible for immediate relief under this
subsection (h) if he or she shows, by a preponderance of
the evidence, that: (A) he or she was a victim of human
trafficking at the time of the offense; and (B) that his or
her participation in the offense was a direct result of
human trafficking under Section 10-9 of the Criminal Code
of 2012 or a severe form of trafficking under the federal
Trafficking Victims Protection Act.
(i) Minor Cannabis Offenses under the Cannabis Control
Act.
(1) Expungement of Arrest Records of Minor Cannabis
Offenses.
(A) The Illinois Department of State Police and
all law enforcement agencies within the State shall
automatically expunge all criminal history records of
an arrest, charge not initiated by arrest, order of
supervision, or order of qualified probation for a
Minor Cannabis Offense committed prior to June 25,
2019 (the effective date of Public Act 101-27) if:
(i) One year or more has elapsed since the
date of the arrest or law enforcement interaction

documented in the records; and
(ii) No criminal charges were filed relating
to the arrest or law enforcement interaction or
criminal charges were filed and subsequently
dismissed or vacated or the arrestee was
acquitted.
(B) If the law enforcement agency is unable to
verify satisfaction of condition (ii) in paragraph
(A), records that satisfy condition (i) in paragraph
(A) shall be automatically expunged.
(C) Records shall be expunged by the law
enforcement agency under the following timelines:
(i) Records created prior to June 25, 2019
(the effective date of Public Act 101-27), but on
or after January 1, 2013, shall be automatically
expunged prior to January 1, 2021;
(ii) Records created prior to January 1, 2013,
but on or after January 1, 2000, shall be
automatically expunged prior to January 1, 2023;
(iii) Records created prior to January 1, 2000
shall be automatically expunged prior to January
1, 2025.
In response to an inquiry for expunged records,
the law enforcement agency receiving such inquiry
shall reply as it does in response to inquiries when no
records ever existed; however, it shall provide a

certificate of disposition or confirmation that the
record was expunged to the individual whose record was
expunged if such a record exists.
(D) Nothing in this Section shall be construed to
restrict or modify an individual's right to have that
individual's records expunged except as otherwise may
be provided in this Act, or diminish or abrogate any
rights or remedies otherwise available to the
individual.
(2) Pardons Authorizing Expungement of Minor Cannabis
Offenses.
(A) Upon June 25, 2019 (the effective date of
Public Act 101-27), the Department of State Police
shall review all criminal history record information
and identify all records that meet all of the
following criteria:
(i) one or more convictions for a Minor
Cannabis Offense;
(ii) the conviction identified in paragraph
(2)(A)(i) did not include a penalty enhancement
under Section 7 of the Cannabis Control Act; and
(iii) the conviction identified in paragraph
(2)(A)(i) is not associated with a conviction for
a violent crime as defined in subsection (c) of
Section 3 of the Rights of Crime Victims and
Witnesses Act.

(B) Within 180 days after June 25, 2019 (the
effective date of Public Act 101-27), the Department
of State Police shall notify the Prisoner Review Board
of all such records that meet the criteria established
in paragraph (2)(A).
(i) The Prisoner Review Board shall notify the
State's Attorney of the county of conviction of
each record identified by State Police in
paragraph (2)(A) that is classified as a Class 4
felony. The State's Attorney may provide a written
objection to the Prisoner Review Board on the sole
basis that the record identified does not meet the
criteria established in paragraph (2)(A). Such an
objection must be filed within 60 days or by such
later date set by the Prisoner Review Board in the
notice after the State's Attorney received notice
from the Prisoner Review Board.
(ii) In response to a written objection from a
State's Attorney, the Prisoner Review Board is
authorized to conduct a non-public hearing to
evaluate the information provided in the
objection.
(iii) The Prisoner Review Board shall make a
confidential and privileged recommendation to the
Governor as to whether to grant a pardon
authorizing expungement for each of the records

identified by the Department of State Police as
described in paragraph (2)(A).
(C) If an individual has been granted a pardon
authorizing expungement as described in this Section,
the Prisoner Review Board, through the Attorney
General, shall file a petition for expungement with
the Chief Judge of the circuit or any judge of the
circuit designated by the Chief Judge where the
individual had been convicted. Such petition may
include more than one individual. Whenever an
individual who has been convicted of an offense is
granted a pardon by the Governor that specifically
authorizes expungement, an objection to the petition
may not be filed. Petitions to expunge under this
subsection (i) may include more than one individual.
Within 90 days of the filing of such a petition, the
court shall enter an order expunging the records of
arrest from the official records of the arresting
authority and order that the records of the circuit
court clerk and the Illinois Department of State
Police be expunged and the name of the defendant
obliterated from the official index requested to be
kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act in connection with the arrest and
conviction for the offense for which the individual
had received a pardon but the order shall not affect

any index issued by the circuit court clerk before the
entry of the order. Upon entry of the order of
expungement, the circuit court clerk shall promptly
provide a copy of the order and a certificate of
disposition to the individual who was pardoned to the
individual's last known address or by electronic means
(if available) or otherwise make it available to the
individual upon request.
(D) Nothing in this Section is intended to
diminish or abrogate any rights or remedies otherwise
available to the individual.
(3) Any individual may file a motion to vacate and
expunge a conviction for a misdemeanor or Class 4 felony
violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge. The circuit court clerk
shall promptly serve a copy of the motion to vacate and
expunge, and any supporting documentation, on the State's
Attorney or prosecutor charged with the duty of
prosecuting the offense. When considering such a motion to
vacate and expunge, a court shall consider the following:
the reasons to retain the records provided by law
enforcement, the petitioner's age, the petitioner's age at
the time of offense, the time since the conviction, and

the specific adverse consequences if denied. An individual
may file such a petition after the completion of any
non-financial sentence or non-financial condition imposed
by the conviction. Within 60 days of the filing of such
motion, a State's Attorney may file an objection to such a
petition along with supporting evidence. If a motion to
vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section. An agency providing civil legal
aid, as defined by Section 15 of the Public Interest
Attorney Assistance Act, assisting individuals seeking to
file a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may include
more than one individual. Motions filed by an agency
providing civil legal aid concerning more than one
individual may be prepared, presented, and signed
electronically.
(4) Any State's Attorney may file a motion to vacate
and expunge a conviction for a misdemeanor or Class 4
felony violation of Section 4 or Section 5 of the Cannabis
Control Act. Motions to vacate and expunge under this
subsection (i) may be filed with the circuit court, Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and may include more than

one individual. Motions filed by a State's Attorney
concerning more than one individual may be prepared,
presented, and signed electronically. When considering
such a motion to vacate and expunge, a court shall
consider the following: the reasons to retain the records
provided by law enforcement, the individual's age, the
individual's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. Upon entry of an order granting a motion to vacate
and expunge records pursuant to this Section, the State's
Attorney shall notify the Prisoner Review Board within 30
days. Upon entry of the order of expungement, the circuit
court clerk shall promptly provide a copy of the order and
a certificate of disposition to the individual whose
records will be expunged to the individual's last known
address or by electronic means (if available) or otherwise
make available to the individual upon request. If a motion
to vacate and expunge is granted, the records shall be
expunged in accordance with subparagraphs (d)(8) and
(d)(9)(A) of this Section.
(5) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(6) If a person is arrested for a Minor Cannabis
Offense as defined in this Section before June 25, 2019

(the effective date of Public Act 101-27) and the person's
case is still pending but a sentence has not been imposed,
the person may petition the court in which the charges are
pending for an order to summarily dismiss those charges
against him or her, and expunge all official records of
his or her arrest, plea, trial, conviction, incarceration,
supervision, or expungement. If the court determines, upon
review, that: (A) the person was arrested before June 25,
2019 (the effective date of Public Act 101-27) for an
offense that has been made eligible for expungement; (B)
the case is pending at the time; and (C) the person has not
been sentenced of the minor cannabis violation eligible
for expungement under this subsection, the court shall
consider the following: the reasons to retain the records
provided by law enforcement, the petitioner's age, the
petitioner's age at the time of offense, the time since
the conviction, and the specific adverse consequences if
denied. If a motion to dismiss and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(7) A person imprisoned solely as a result of one or
more convictions for Minor Cannabis Offenses under this
subsection (i) shall be released from incarceration upon
the issuance of an order under this subsection.
(8) The Illinois Department of State Police shall
allow a person to use the access and review process,

established in the Illinois Department of State Police,
for verifying that his or her records relating to Minor
Cannabis Offenses of the Cannabis Control Act eligible
under this Section have been expunged.
(9) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly
served as provided in the Court of Claims Act.
(10) Effect of Expungement. A person's right to
expunge an expungeable offense shall not be limited under
this Section. The effect of an order of expungement shall
be to restore the person to the status he or she occupied
before the arrest, charge, or conviction.
(11) Information. The Illinois Department of State
Police shall post general information on its website about
the expungement process described in this subsection (i).
(j) Felony Prostitution Convictions.
(1) Any individual may file a motion to vacate and
expunge a conviction for a prior Class 4 felony violation
of prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
designated by the Chief Judge. When considering the motion
to vacate and expunge, a court shall consider the
following:
(A) the reasons to retain the records provided by
law enforcement;

(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
and
(D) the time since the conviction, and the
specific adverse consequences if denied. An individual
may file the petition after the completion of any
sentence or condition imposed by the conviction.
Within 60 days of the filing of the motion, a State's
Attorney may file an objection to the petition along
with supporting evidence. If a motion to vacate and
expunge is granted, the records shall be expunged in
accordance with subparagraph (d)(9)(A) of this
Section. An agency providing civil legal aid, as
defined in Section 15 of the Public Interest Attorney
Assistance Act, assisting individuals seeking to file
a motion to vacate and expunge under this subsection
may file motions to vacate and expunge with the Chief
Judge of a judicial circuit or any judge of the circuit
designated by the Chief Judge, and the motion may
include more than one individual.
(2) Any State's Attorney may file a motion to vacate
and expunge a conviction for a Class 4 felony violation of
prostitution. Motions to vacate and expunge under this
subsection (j) may be filed with the circuit court, Chief
Judge of a judicial circuit, or any judge of the circuit
court designated by the Chief Judge, and may include more

than one individual. When considering the motion to vacate
and expunge, a court shall consider the following reasons:
(A) the reasons to retain the records provided by
law enforcement;
(B) the petitioner's age;
(C) the petitioner's age at the time of offense;
(D) the time since the conviction; and
(E) the specific adverse consequences if denied.
If the State's Attorney files a motion to vacate and
expunge records for felony prostitution convictions
pursuant to this Section, the State's Attorney shall
notify the Prisoner Review Board within 30 days of the
filing. If a motion to vacate and expunge is granted, the
records shall be expunged in accordance with subparagraph
(d)(9)(A) of this Section.
(3) In the public interest, the State's Attorney of a
county has standing to file motions to vacate and expunge
pursuant to this Section in the circuit court with
jurisdiction over the underlying conviction.
(4) The Illinois State Police shall allow a person to
a use the access and review process, established in the
Illinois State Police, for verifying that his or her
records relating to felony prostitution eligible under
this Section have been expunged.
(5) No conviction vacated pursuant to this Section
shall serve as the basis for damages for time unjustly

served as provided in the Court of Claims Act.
(6) Effect of Expungement. A person's right to expunge
an expungeable offense shall not be limited under this
Section. The effect of an order of expungement shall be to
restore the person to the status he or she occupied before
the arrest, charge, or conviction.
(7) Information. The Illinois State Police shall post
general information on its website about the expungement
process described in this subsection (j).
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-159, eff. 1-1-20; 101-306, eff. 8-9-19; 101-593, eff.
12-4-19; 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-558, 8-20-21; 102-639, eff. 8-27-21; revised 10-5-21.)
Section 185. The Department of Veterans' Affairs Act is
amended by changing Sections 2.01a and 2.04 as follows:
(20 ILCS 2805/2.01a) (from Ch. 126 1/2, par. 67.01a)
Sec. 2.01a. Members benefits fund; personal property. The
Department shall direct the expenditure of all money which has
been or may be received by any officer of an Illinois Veterans
Home including profit on sales from commissary stores. The
money shall be deposited into the members benefits fund and
expenditures from the fund shall be made under the direction
of the Department for the special comfort, pleasure, and
amusement of residents and employees, provided that amounts

expended for comfort, pleasure, and amusement of employees
shall not exceed the amount of profits derived from sales made
to employees by such commissaries, as determined by the
Department. The Department may also make expenditures from the
fund, subject to approval by the Director of Veterans'
Affairs, for recognition and appreciation programs for
volunteers who assist the Veterans Homes. Expenditures from
the fund may not be used to supplement a shortfall in the
ordinary and contingent operating expenses of the Home and
shall be expended only for the special comfort, pleasure, and
amusement of the residents.
The Department shall prepare a quarterly report on all
locally held locally-held member's benefits funds from each
Illinois Veterans Home. The report shall contain the amount of
donations received for each veterans' home, including monetary
and nonmonetary items, the expenditures and items disbursed
dispersed, and the end of quarter balance of the locally held
locally-held member's benefits funds. The Department shall
submit the quarterly report to the General Assembly and to the
Governor and publish the report on its website.
Money received as interest and income on funds deposited
for residents of an Illinois Veterans Home shall be paid to the
individual accounts of the residents. If home residents choose
to hold savings accounts or other investments outside the
Home, interest or income on the individual savings accounts or
investments of residents shall accrue to the individual

accounts of the residents.
Any money belonging to residents separated by death,
discharge, or unauthorized absence from an Illinois Veterans
Home, in custody of officers thereof, may, if unclaimed by the
resident or the legal representatives thereof for a period of
2 years, be expended at the direction of the Department for the
purposes and in the manner specified above. Articles of
personal property, with the exception of clothing left in the
custody of officers, shall, if unclaimed for the period of 2
years, be sold and the money disposed of in the same manner.
Clothing left at a Home by residents at the time of
separation may be used as determined by the Home if unclaimed
by the resident or legal representatives thereof within 30
days after notification.
(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
(20 ILCS 2805/2.04) (from Ch. 126 1/2, par. 67.04)
Sec. 2.04. There shall be established in the State
Treasury special funds known as (i) the LaSalle Veterans Home
Fund, (ii) the Anna Veterans Home Fund, (iii) the Manteno
Veterans Home Fund, and (iv) the Quincy Veterans Home Fund.
All moneys received by an Illinois Veterans Home from Medicare
and from maintenance charges to veterans, spouses, and
surviving spouses residing at that Home shall be paid into
that Home's Fund. All moneys received from the U.S. Department
of Veterans Affairs for patient care shall be transmitted to

the Treasurer of the State for deposit in the Veterans Home
Fund for the Home in which the veteran resides. Appropriations
shall be made from a Fund only for the needs of the Home,
including capital improvements, building rehabilitation, and
repairs. The Illinois Veterans' Homes Fund shall be the
Veterans Home Fund for the Illinois Veterans Home at Chicago.
The administrator of each Veterans Home shall establish a
locally held locally-held member's benefits fund. The Director
may authorize the Veterans Home to conduct limited fundraising
in accordance with applicable laws and regulations for which
the sole purpose is to benefit the Veterans Home's member's
benefits fund. Revenues accruing to an Illinois Veterans Home,
including any donations, grants for the operation of the Home,
profits from commissary stores, and funds received from any
individual or other source, including limited fundraising,
shall be deposited into that Home's benefits fund.
Expenditures from the benefits funds shall be solely for the
special comfort, pleasure, and amusement of residents.
Contributors of unsolicited private donations may specify the
purpose for which the private donations are to be used.
Upon request of the Department, the State's Attorney of
the county in which a resident or living former resident of an
Illinois Veterans Home who is liable under this Act for
payment of sums representing maintenance charges resides shall
file an action in a court of competent jurisdiction against
any such person who fails or refuses to pay such sums. The

court may order the payment of sums due to maintenance charges
for such period or periods of time as the circumstances
require.
Upon the death of a person who is or has been a resident of
an Illinois Veterans Home who is liable for maintenance
charges and who is possessed of property, the Department may
present a claim for such sum or for the balance due in case
less than the rate prescribed under this Act has been paid. The
claim shall be allowed and paid as other lawful claims against
the estate.
The administrator of each Veterans Home shall establish a
locally held locally-held trust fund to maintain moneys held
for residents. Whenever the Department finds it necessary to
preserve order, preserve health, or enforce discipline, the
resident shall deposit in a trust account at the Home such
monies from any source of income as may be determined
necessary, and disbursement of these funds to the resident
shall be made only by direction of the administrator.
If a resident of an Illinois Veterans Home has a dependent
child, spouse, or parent the administrator may require that
all monies received be deposited in a trust account with
dependency contributions being made at the direction of the
administrator. The balance retained in the trust account shall
be disbursed to the resident at the time of discharge from the
Home or to his or her heirs or legal representative at the time
of the resident's death, subject to Department regulations or

order of the court.
The Director of Central Management Services, with the
consent of the Director of Veterans' Affairs, is authorized
and empowered to lease or let any real property held by the
Department of Veterans' Affairs for an Illinois Veterans Home
to entities or persons upon terms and conditions which are
considered to be in the best interest of that Home. The real
property must not be needed for any direct or immediate
purpose of the Home. In any leasing or letting, primary
consideration shall be given to the use of real property for
agricultural purposes, and all moneys received shall be
transmitted to the Treasurer of the State for deposit in the
appropriate Veterans Home Fund.
Each administrator of an Illinois Veterans Home who has an
established locally held locally-held member's benefits fund
shall prepare and submit to the Department a monthly report of
all donations received, including donations of a nonmonetary
nature. The report shall include the end of month balance of
the locally held locally-held member's benefits fund.
(Source: P.A. 102-549, eff. 1-1-22; revised 12-1-21.)
Section 190. The State Fire Marshal Act is amended by
changing Section 3 as follows:
(20 ILCS 2905/3) (from Ch. 127 1/2, par. 3)
Sec. 3. There is created the Illinois Fire Advisory

Commission which shall advise the Office in the exercise of
its powers and duties. The Commission shall be appointed by
the Governor as follows:
(1) 3 professional, full-time paid firefighters;
(2) one volunteer firefighter;
(3) one Fire Protection Engineer who is registered in
Illinois;
(4) one person who is a representative of the fire
insurance industry in Illinois;
(5) one person who is a representative of a registered
United States Department of Labor apprenticeship program
primarily instructing in the installation and repair of
fire extinguishing systems;
(6) one licensed operating or stationary engineer who
has an associate degree in facilities engineering
technology and has knowledge of the operation and
maintenance of fire alarm and fire extinguishing systems
primarily for the life safety of occupants in a variety of
commercial or residential structures; and
(7) 3 persons with an interest in and knowledgeable
about fire prevention methods.
In addition, the following shall serve as ex officio
members of the Commission: the Chicago Fire Commissioner, or
his or her designee; the executive officer, or his or her
designee, of each of the following organizations: the Illinois
Fire Chiefs Association, the Illinois Fire Protection District

Association, the Illinois Fire Inspectors Association, the
Illinois Professional Firefighters Association, the Illinois
Firemen's Association, the Associated Firefighters of
Illinois, the Illinois Society of Fire Service Instructors,
the Illinois Chapter of the International Association of Arson
Investigators, the Mutual Aid Box Alarm System (MABAS)
Illinois, and the Fire Service Institute, University of
Illinois.
The Governor shall designate, at the time of appointment,
3 members to serve terms expiring on the third Monday in
January, 1979; 3 members to serve terms expiring the third
Monday in January, 1980; and 2 members to serve terms expiring
the third Monday in January, 1981. The additional member
appointed by the Governor pursuant to Public Act 85-718 shall
serve for a term expiring the third Monday in January, 1990.
Thereafter, all terms shall be for 3 years. A member shall
serve until his or her successor is appointed and qualified. A
vacancy shall be filled for the unexpired term.
The Governor shall designate one of the appointed members
to be chairperson of the Commission.
Members shall serve without compensation but shall be
reimbursed for their actual reasonable expenses incurred in
the performance of their duties.
(Source: P.A. 101-234, eff. 8-9-19; 102-269, eff. 8-6-21;
102-558, eff. 8-20-21; revised 10-5-21.)

Section 195. The Energy Efficient Building Act is amended
by changing Sections 10, 15, and 30 as follows:
(20 ILCS 3125/10)
Sec. 10. Definitions.
"Agency" means the Environmental Protection Agency.
"Board" means the Capital Development Board.
"Building" includes both residential buildings and
commercial buildings.
"Code" means the latest published edition of the
International Code Council's International Energy Conservation
Code as adopted by the Board, including any published
supplements adopted by the Board and any amendments and
adaptations to the Code that are made by the Board.
"Commercial building" means any building except a building
that is a residential building, as defined in this Section.
"Municipality" means any city, village, or incorporated
town.
"Residential building" means (i) a detached one-family or
2-family dwelling or (ii) any building that is 3 stories or
less in height above grade that contains multiple dwelling
units, in which the occupants reside on a primarily permanent
basis, such as a townhouse, a row house, an apartment house, a
convent, a monastery, a rectory, a fraternity or sorority
house, a dormitory, and a rooming house; provided, however,
that when applied to a building located within the boundaries

of a municipality having a population of 1,000,000 or more,
the term "residential building" means a building containing
one or more dwelling units, not exceeding 4 stories above
grade, where occupants are primarily permanent.
"Site energy index" means a scalar published by the
Pacific Northwest National Laboratories representing the ratio
of the site energy performance of an evaluated code compared
to the site energy performance of the 2006 International
Energy Conservation Code. A "site energy index" includes only
conservation measures and excludes net energy credit for any
on-site or off-site energy production.
(Source: P.A. 101-144, eff. 7-26-19; 102-444, eff. 8-20-21;
102-662, eff. 9-15-21; revised 10-12-21.)
(20 ILCS 3125/15)
Sec. 15. Energy Efficient Building Code. The Board, in
consultation with the Agency, shall adopt the Code as minimum
requirements for commercial buildings, applying to the
construction of, renovations to, and additions to all
commercial buildings in the State. The Board, in consultation
with the Agency, shall also adopt the Code as the minimum and
maximum requirements for residential buildings, applying to
the construction of, renovations to, and additions to all
residential buildings in the State, except as provided for in
Section 45 of this Act. The Board may appropriately adapt the
International Energy Conservation Code to apply to the

particular economy, population distribution, geography, and
climate of the State and construction therein, consistent with
the public policy objectives of this Act.
(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
revised 10-21-21.)
(20 ILCS 3125/30)
Sec. 30. Enforcement. The Board, in consultation with the
Agency, shall determine procedures for compliance with the
Code. These procedures may include but need not be limited to
certification by a national, State, or local accredited energy
conservation program or inspections from private
Code-certified inspectors using the Code. For purposes of the
Illinois Stretch Energy Code under Section 55, the Board shall
allow and encourage, as an alternative compliance mechanism,
project certification by a nationally recognized nonprofit
certification organization specializing in high-performance
passive buildings and offering climate-specific building
energy standards that require equal or better energy
performance than the Illinois Stretch Energy Code.
(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
revised 10-19-21.)
Section 200. The Illinois Emergency Management Agency Act
is amended by changing Section 5 as follows:

(20 ILCS 3305/5) (from Ch. 127, par. 1055)
Sec. 5. Illinois Emergency Management Agency.
(a) There is created within the executive branch of the
State Government an Illinois Emergency Management Agency and a
Director of the Illinois Emergency Management Agency, herein
called the "Director" who shall be the head thereof. The
Director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve for a term of 2
years beginning on the third Monday in January of the
odd-numbered year, and until a successor is appointed and has
qualified; except that the term of the first Director
appointed under this Act shall expire on the third Monday in
January, 1989. The Director shall not hold any other
remunerative public office. For terms ending before December
31, 2019, the Director shall receive an annual salary as set by
the Compensation Review Board. For terms beginning after
January 18, 2019 (the effective date of Public Act 100-1179)
this amendatory Act of the 100th General Assembly, the annual
salary of the Director shall be as provided in Section 5-300 of
the Civil Administrative Code of Illinois.
(b) The Illinois Emergency Management Agency shall obtain,
under the provisions of the Personnel Code, technical,
clerical, stenographic and other administrative personnel, and
may make expenditures within the appropriation therefor as may
be necessary to carry out the purpose of this Act. The agency
created by this Act is intended to be a successor to the agency

created under the Illinois Emergency Services and Disaster
Agency Act of 1975 and the personnel, equipment, records, and
appropriations of that agency are transferred to the successor
agency as of June 30, 1988 (the effective date of this Act).
(c) The Director, subject to the direction and control of
the Governor, shall be the executive head of the Illinois
Emergency Management Agency and the State Emergency Response
Commission and shall be responsible under the direction of the
Governor, for carrying out the program for emergency
management of this State. The Director shall also maintain
liaison and cooperate with the emergency management
organizations of this State and other states and of the
federal government.
(d) The Illinois Emergency Management Agency shall take an
integral part in the development and revision of political
subdivision emergency operations plans prepared under
paragraph (f) of Section 10. To this end it shall employ or
otherwise secure the services of professional and technical
personnel capable of providing expert assistance to the
emergency services and disaster agencies. These personnel
shall consult with emergency services and disaster agencies on
a regular basis and shall make field examinations of the
areas, circumstances, and conditions that particular political
subdivision emergency operations plans are intended to apply.
(e) The Illinois Emergency Management Agency and political
subdivisions shall be encouraged to form an emergency

management advisory committee composed of private and public
personnel representing the emergency management phases of
mitigation, preparedness, response, and recovery. The Local
Emergency Planning Committee, as created under the Illinois
Emergency Planning and Community Right to Know Act, shall
serve as an advisory committee to the emergency services and
disaster agency or agencies serving within the boundaries of
that Local Emergency Planning Committee planning district for:
(1) the development of emergency operations plan
provisions for hazardous chemical emergencies; and
(2) the assessment of emergency response capabilities
related to hazardous chemical emergencies.
(f) The Illinois Emergency Management Agency shall:
(1) Coordinate the overall emergency management
program of the State.
(2) Cooperate with local governments, the federal
government, and any public or private agency or entity in
achieving any purpose of this Act and in implementing
emergency management programs for mitigation,
preparedness, response, and recovery.
(2.5) Develop a comprehensive emergency preparedness
and response plan for any nuclear accident in accordance
with Section 65 of the Nuclear Safety Law of 2004 and in
development of the Illinois Nuclear Safety Preparedness
program in accordance with Section 8 of the Illinois
Nuclear Safety Preparedness Act.

(2.6) Coordinate with the Department of Public Health
with respect to planning for and responding to public
health emergencies.
(3) Prepare, for issuance by the Governor, executive
orders, proclamations, and regulations as necessary or
appropriate in coping with disasters.
(4) Promulgate rules and requirements for political
subdivision emergency operations plans that are not
inconsistent with and are at least as stringent as
applicable federal laws and regulations.
(5) Review and approve, in accordance with Illinois
Emergency Management Agency rules, emergency operations
plans for those political subdivisions required to have an
emergency services and disaster agency pursuant to this
Act.
(5.5) Promulgate rules and requirements for the
political subdivision emergency management exercises,
including, but not limited to, exercises of the emergency
operations plans.
(5.10) Review, evaluate, and approve, in accordance
with Illinois Emergency Management Agency rules, political
subdivision emergency management exercises for those
political subdivisions required to have an emergency
services and disaster agency pursuant to this Act.
(6) Determine requirements of the State and its
political subdivisions for food, clothing, and other

necessities in event of a disaster.
(7) Establish a register of persons with types of
emergency management training and skills in mitigation,
preparedness, response, and recovery.
(8) Establish a register of government and private
response resources available for use in a disaster.
(9) Expand the Earthquake Awareness Program and its
efforts to distribute earthquake preparedness materials to
schools, political subdivisions, community groups, civic
organizations, and the media. Emphasis will be placed on
those areas of the State most at risk from an earthquake.
Maintain the list of all school districts, hospitals,
airports, power plants, including nuclear power plants,
lakes, dams, emergency response facilities of all types,
and all other major public or private structures which are
at the greatest risk of damage from earthquakes under
circumstances where the damage would cause subsequent harm
to the surrounding communities and residents.
(10) Disseminate all information, completely and
without delay, on water levels for rivers and streams and
any other data pertaining to potential flooding supplied
by the Division of Water Resources within the Department
of Natural Resources to all political subdivisions to the
maximum extent possible.
(11) Develop agreements, if feasible, with medical
supply and equipment firms to supply resources as are

necessary to respond to an earthquake or any other
disaster as defined in this Act. These resources will be
made available upon notifying the vendor of the disaster.
Payment for the resources will be in accordance with
Section 7 of this Act. The Illinois Department of Public
Health shall determine which resources will be required
and requested.
(11.5) In coordination with the Illinois State Police,
develop and implement a community outreach program to
promote awareness among the State's parents and children
of child abduction prevention and response.
(12) Out of funds appropriated for these purposes,
award capital and non-capital grants to Illinois hospitals
or health care facilities located outside of a city with a
population in excess of 1,000,000 to be used for purposes
that include, but are not limited to, preparing to respond
to mass casualties and disasters, maintaining and
improving patient safety and quality of care, and
protecting the confidentiality of patient information. No
single grant for a capital expenditure shall exceed
$300,000. No single grant for a non-capital expenditure
shall exceed $100,000. In awarding such grants, preference
shall be given to hospitals that serve a significant
number of Medicaid recipients, but do not qualify for
disproportionate share hospital adjustment payments under
the Illinois Public Aid Code. To receive such a grant, a

hospital or health care facility must provide funding of
at least 50% of the cost of the project for which the grant
is being requested. In awarding such grants the Illinois
Emergency Management Agency shall consider the
recommendations of the Illinois Hospital Association.
(13) Do all other things necessary, incidental or
appropriate for the implementation of this Act.
(g) The Illinois Emergency Management Agency is authorized
to make grants to various higher education institutions,
public K-12 school districts, area vocational centers as
designated by the State Board of Education, inter-district
special education cooperatives, regional safe schools, and
nonpublic K-12 schools for safety and security improvements.
For the purpose of this subsection (g), "higher education
institution" means a public university, a public community
college, or an independent, not-for-profit or for-profit
higher education institution located in this State. Grants
made under this subsection (g) shall be paid out of moneys
appropriated for that purpose from the Build Illinois Bond
Fund. The Illinois Emergency Management Agency shall adopt
rules to implement this subsection (g). These rules may
specify: (i) the manner of applying for grants; (ii) project
eligibility requirements; (iii) restrictions on the use of
grant moneys; (iv) the manner in which the various higher
education institutions must account for the use of grant
moneys; and (v) any other provision that the Illinois

Emergency Management Agency determines to be necessary or
useful for the administration of this subsection (g).
(g-5) The Illinois Emergency Management Agency is
authorized to make grants to not-for-profit organizations
which are exempt from federal income taxation under section
501(c)(3) of the Federal Internal Revenue Code for eligible
security improvements that assist the organization in
preventing, preparing for, or responding to acts of terrorism.
The Director shall establish procedures and forms by which
applicants may apply for a grant and procedures for
distributing grants to recipients. The procedures shall
require each applicant to do the following:
(1) identify and substantiate prior threats or attacks
by a terrorist organization, network, or cell against the
not-for-profit organization;
(2) indicate the symbolic or strategic value of one or
more sites that renders the site a possible target of
terrorism;
(3) discuss potential consequences to the organization
if the site is damaged, destroyed, or disrupted by a
terrorist act;
(4) describe how the grant will be used to integrate
organizational preparedness with broader State and local
preparedness efforts;
(5) submit a vulnerability assessment conducted by
experienced security, law enforcement, or military

personnel, and a description of how the grant award will
be used to address the vulnerabilities identified in the
assessment; and
(6) submit any other relevant information as may be
required by the Director.
The Agency is authorized to use funds appropriated for the
grant program described in this subsection (g-5) to administer
the program.
(h) Except as provided in Section 17.5 of this Act, any
moneys received by the Agency from donations or sponsorships
unrelated to a disaster shall be deposited in the Emergency
Planning and Training Fund and used by the Agency, subject to
appropriation, to effectuate planning and training activities.
Any moneys received by the Agency from donations during a
disaster and intended for disaster response or recovery shall
be deposited into the Disaster Response and Recovery Fund and
used for disaster response and recovery pursuant to the
Disaster Relief Act.
(i) The Illinois Emergency Management Agency may by rule
assess and collect reasonable fees for attendance at
Agency-sponsored conferences to enable the Agency to carry out
the requirements of this Act. Any moneys received under this
subsection shall be deposited in the Emergency Planning and
Training Fund and used by the Agency, subject to
appropriation, for planning and training activities.
(j) The Illinois Emergency Management Agency is authorized

to make grants to other State agencies, public universities,
units of local government, and statewide mutual aid
organizations to enhance statewide emergency preparedness and
response.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
revised 10-5-21.)
Section 205. The Nuclear Safety Law of 2004 is amended by
changing Section 40 as follows:
(20 ILCS 3310/40)
Sec. 40. Regulation of nuclear safety. The Illinois
Emergency Management Agency shall have primary responsibility
for the coordination and oversight of all State governmental
functions concerning the regulation of nuclear power,
including low level waste management, environmental
monitoring, environmental radiochemical analysis, and
transportation of nuclear waste. Functions performed by the
Illinois State Police and the Department of Transportation in
the area of nuclear safety, on the effective date of this Act,
may continue to be performed by these agencies but under the
direction of the Illinois Emergency Management Agency. All
other governmental functions regulating nuclear safety shall
be coordinated by the Illinois Emergency Management Agency.
(Source: P.A. 102-133, eff. 7-23-21; 102-538, eff. 8-20-21;
revised 9-28-21.)

Section 210. The Illinois Criminal Justice Information Act
is amended by changing Section 7.7 as follows:
(20 ILCS 3930/7.7)
Sec. 7.7. Pretrial data collection.
(a) The Administrative Director of the Administrative
Office Officer of the Illinois Courts shall convene an
oversight board to be known as the Pretrial Practices Data
Oversight Board to oversee the collection and analysis of data
regarding pretrial practices in circuit court systems. The
Board shall include, but is not limited to, designees from the
Administrative Office of the Illinois Courts, the Illinois
Criminal Justice Information Authority, and other entities
that possess knowledge of pretrial practices and data
collection issues. Members of the Board shall serve without
compensation.
(b) The Oversight Board shall:
(1) identify existing pretrial data collection
processes in local jurisdictions;
(2) define, gather and maintain records of pretrial
data relating to the topics listed in subsection (c) from
circuit clerks' offices, sheriff's departments, law
enforcement agencies, jails, pretrial departments,
probation department, State's Attorneys' offices, public
defenders' offices and other applicable criminal justice

system agencies;
(3) identify resources necessary to systematically
collect and report data related to the topics listed in
subsection subsections (c); and
(4) develop a plan to implement data collection
processes sufficient to collect data on the topics listed
in subsection (c) no later than one year after July 1, 2021
(the effective date of Public Act 101-652) this amendatory
Act of the 101st General Assembly. The plan and, once
implemented, the reports and analysis shall be published
and made publicly available on the Administrative Office
of the Illinois Courts (AOIC) website.
(c) The Pretrial Practices Data Oversight Board shall
develop a strategy to collect quarterly, county-level data on
the following topics; which collection of data shall begin
starting one year after July 1, 2021 (the effective date of
Public Act 101-652) this amendatory Act of the 101st General
Assembly:
(1) information on all persons arrested and charged
with misdemeanor or felony charges, or both, including
information on persons released directly from law
enforcement custody;
(2) information on the outcomes of pretrial conditions
and pretrial detention hearings in the county courts,
including but not limited to the number of hearings held,
the number of defendants detained, the number of

defendants released, and the number of defendants released
with electronic monitoring;
(3) information regarding persons detained in the
county jail pretrial, including, but not limited to, the
number of persons detained in the jail pretrial and the
number detained in the jail for other reasons, the
demographics of the pretrial jail population, race, sex,
sexual orientation, gender identity, age, and ethnicity,
the charges including on which pretrial defendants are
detained, the average length of stay of pretrial
defendants;
(4) information regarding persons placed on electronic
monitoring programs pretrial, including, but not limited
to, the number of participants, the demographics of the
participant population, including race, sex, sexual
orientation, gender identity, age, and ethnicity, the
charges on which participants are ordered to the program,
and the average length of participation in the program;
(5) discharge data regarding persons detained pretrial
in the county jail, including, but not limited to, the
number who are sentenced to the Illinois Department of
Corrections, the number released after being sentenced to
time served, the number who are released on probation,
conditional discharge, or other community supervision, the
number found not guilty, the number whose cases are
dismissed, the number whose cases are dismissed as part of

diversion or deferred prosecution program, and the number
who are released pretrial after a hearing re-examining
their pretrial detention;
(6) information on the pretrial rearrest of
individuals released pretrial, including the number
arrested and charged with a new misdemeanor offense while
released, the number arrested and charged with a new
felony offense while released, and the number arrested and
charged with a new forcible felony offense while released,
and how long after release these arrests occurred;
(7) information on the pretrial failure to appear
rates of individuals released pretrial, including the
number who missed one or more court dates, how many
warrants for failures to appear were issued, and how many
individuals were detained pretrial or placed on electronic
monitoring pretrial after a failure to appear in court;
(8) what, if any, validated pretrial risk assessment
tools are in use in each jurisdiction, and comparisons of
the pretrial release and pretrial detention decisions of
judges as compared to and the risk assessment scores of
individuals; and
(9) any other information the Pretrial Practices Data
Oversight Board considers important and probative of the
effectiveness of pretrial practices in the State state of
Illinois.
(d) d) Circuit clerks' offices, sheriff's departments, law

enforcement agencies, jails, pretrial departments, probation
department, State's Attorneys' offices, public defenders'
offices and other applicable criminal justice system agencies
are mandated to provide data to the Administrative Office of
the Illinois Courts as described in subsection (c).
(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
Section 215. The State Finance Act is amended by setting
forth and renumbering multiple versions of Sections 5.935,
5.937, and 5.938, by setting forth, renumbering, and changing
multiple versions of Sections 5.936 and 6z-125, and by
changing Sections 6z-82, 6z-99, 8.3, and 25 as follows:
(30 ILCS 105/5.935)
Sec. 5.935. The Freedom Schools Fund.
(Source: P.A. 101-654, eff. 3-8-21.)
(30 ILCS 105/5.936)
Sec. 5.936. The Law Enforcement Training Fund.
(Source: P.A. 102-16, eff. 6-17-21.)
(30 ILCS 105/5.937)
Sec. 5.937. The Sickle Cell Chronic Disease Fund.
(Source: P.A. 102-4, eff. 4-27-21.)
(30 ILCS 105/5.938)

Sec. 5.938. The DoIT Special Projects Fund.
(Source: P.A. 102-16, eff. 6-17-21.)
(30 ILCS 105/5.942)
Sec. 5.942 5.935. The Equal Pay Registration Fund.
(Source: P.A. 101-656, eff. 3-23-21; revised 10-5-21.)
(30 ILCS 105/5.943)
Sec. 5.943 5.935. The Capital Facility and Technology
Modernization Fund.
(Source: P.A. 101-665, eff. 4-2-21; revised 10-5-21.)
(30 ILCS 105/5.944)
Sec. 5.944 5.935. The Managed Care Oversight Fund.
(Source: P.A. 102-4, Article 160, Section 160-5, eff. 4-27-21;
revised 10-5-21.)
(30 ILCS 105/5.945)
Sec. 5.945 5.935. The Medicaid Technical Assistance Center
Fund.
(Source: P.A. 102-4, Article 185, Section 185-90, eff.
4-27-21; revised 10-5-21.)
(30 ILCS 105/5.946)
Sec. 5.946 5.935. The State Police Training and Academy
Fund.

(Source: P.A. 102-16, eff. 6-17-21; revised 10-5-21.)
(30 ILCS 105/5.947)
Sec. 5.947 5.935. The Ronald McDonald House Charities
Fund.
(Source: P.A. 102-73, eff. 7-9-21; revised 10-5-21.)
(30 ILCS 105/5.948)
Sec. 5.948 5.935. The Illinois Higher Education Savings
Program Fund.
(Source: P.A. 102-129, eff. 7-23-21; revised 10-5-21.)
(30 ILCS 105/5.949)
Sec. 5.949 5.935. The Infrastructure Development Fund.
(Source: P.A. 102-141, eff. 7-23-21; revised 10-5-21.)
(30 ILCS 105/5.950)
Sec. 5.950 5.935. The Water and Sewer Low-Income
Assistance Fund.
(Source: P.A. 102-262, eff. 8-6-21; revised 10-5-21.)
(30 ILCS 105/5.951)
Sec. 5.951 5.935. The Department of Juvenile Justice
Reimbursement and Education Fund.
(Source: P.A. 102-350, eff. 8-13-21; revised 10-5-21.)

(30 ILCS 105/5.952)
Sec. 5.952 5.935. The Folds of Honor Foundation Fund.
(Source: P.A. 102-383, eff. 1-1-22; revised 10-5-21.)
(30 ILCS 105/5.953)
Sec. 5.953 5.935. The Experimental Aircraft Association
Fund.
(Source: P.A. 102-422, eff. 8-20-21; revised 10-5-21.)
(30 ILCS 105/5.954)
Sec. 5.954 5.935. The Child Abuse Council of the Quad
Cities Fund.
(Source: P.A. 102-423, eff. 8-20-21; revised 10-5-21.)
(30 ILCS 105/5.955)
Sec. 5.955 5.935. The Illinois Health Care Workers Benefit
Fund.
(Source: P.A. 102-515, eff. 1-1-22; revised 10-5-21.)
(30 ILCS 105/5.956)
Sec. 5.956 5.935. The Pembroke Township Natural Gas
Investment Pilot Program Fund.
(Source: P.A. 102-609, eff. 8-27-21; revised 10-5-21.)
(30 ILCS 105/5.957)
Sec. 5.957 5.935. The Illinois Broadband Adoption Fund.

(Source: P.A. 102-648, eff. 8-27-21; revised 10-5-21.)
(30 ILCS 105/5.958)
Sec. 5.958 5.935. The Coal to Solar and Energy Storage
Initiative Fund.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
(30 ILCS 105/5.959)
Sec. 5.959 5.936. The Illinois Small Business Fund.
(Source: P.A. 102-330, eff. 1-1-22; revised 10-5-21.)
(30 ILCS 105/5.960)
Sec. 5.960 5.936. The Energy Transition Assistance Fund.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
(30 ILCS 105/5.961)
Sec. 5.961 5.937. The Consumer Intervenor Compensation
Fund.
(Source: P.A. 102-662, eff. 9-15-21; revised 10-5-21.)
(30 ILCS 105/5.962)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 5.962 5.938. The Electronic Notarization Fund.
(Source: P.A. 102-160 (See Section 99 of P.A. 102-160 for
effective date of P.A. 102-160); revised 10-5-21.)

(30 ILCS 105/5.963)
Sec. 5.963 5.938. The State Police Revocation Enforcement
Fund.
(Source: P.A. 102-237, eff. 1-1-22; revised 10-5-21.)
(30 ILCS 105/5.964)
Sec. 5.964 5.938. The Lead Service Line Replacement Fund.
(Source: P.A. 102-613, eff. 1-1-22; revised 10-5-21.)
(30 ILCS 105/6z-82)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund
shall receive revenue under the Criminal and Traffic
Assessment Act. The Fund may also receive revenue from grants,
donations, appropriations, and any other legal source.
(a-5) Notwithstanding any other provision of law to the
contrary, and in addition to any other transfers that may be
provided by law, on August 20, 2021 (the effective date of
Public Act 102-505) this amendatory Act of the 102nd General
Assembly, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Over Dimensional Load
Police Escort Fund into the State Police Operations Assistance
Fund. Upon completion of the transfer, the Over Dimensional

Load Police Escort Fund is dissolved, and any future deposits
due to that Fund and any outstanding obligations or
liabilities of that Fund shall pass to the State Police
Operations Assistance Fund.
This Fund may charge, collect, and receive fees or moneys
as described in Section 15-312 of the Illinois Vehicle Code,
and receive all fees received by the Illinois State Police
under that Section. The moneys shall be used by the Illinois
State Police for its expenses in providing police escorts and
commercial vehicle enforcement activities.
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes or functions.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(f) (Blank). the Illinois
(g) Notwithstanding any other provision of State law to
the contrary, on or after July 1, 2021, in addition to any
other transfers that may be provided for by law, at the
direction of and upon notification from the Director of the
Illinois State Police, the State Comptroller shall direct and
the State Treasurer shall transfer amounts not exceeding

$7,000,000 into the State Police Operations Assistance Fund
from the State Police Services Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; revised 10-22-21.)
(30 ILCS 105/6z-99)
Sec. 6z-99. The Mental Health Reporting Fund.
(a) There is created in the State treasury a special fund
known as the Mental Health Reporting Fund. The Fund shall
receive revenue under the Firearm Concealed Carry Act. The
Fund may also receive revenue from grants, pass-through
grants, donations, appropriations, and any other legal source.
(b) The Illinois State Police and Department of Human
Services shall coordinate to use moneys in the Fund to finance
their respective duties of collecting and reporting data on
mental health records and ensuring that mental health firearm
possession prohibitors are enforced as set forth under the
Firearm Concealed Carry Act and the Firearm Owners
Identification Card Act. Any surplus in the Fund beyond what
is necessary to ensure compliance with mental health reporting
under these Acts shall be used by the Department of Human
Services for mental health treatment programs as follows: (1)
50% shall be used to fund community-based mental health
programs aimed at reducing gun violence, community integration
and education, or mental health awareness and prevention,
including administrative costs; and (2) 50% shall be used to

award grants that use and promote the National School Mental
Health Curriculum model for school-based mental health
support, integration, and services.
(c) Investment income that is attributable to the
investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-26-21.)
(30 ILCS 105/6z-125)
Sec. 6z-125. State Police Training and Academy Fund. The
State Police Training and Academy Fund is hereby created as a
special fund in the State treasury. Moneys in the Fund shall
consist of: (i) 10% of the revenue from increasing the
insurance producer license fees, as provided under subsection
(a-5) of Section 500-135 of the Illinois Insurance Code; and
(ii) 10% of the moneys collected from auto insurance policy
fees under Section 8.6 of the Illinois Motor Vehicle Theft
Prevention and Insurance Verification Act. This Fund shall be
used by the Illinois State Police to fund training and other
State Police institutions, including, but not limited to,
forensic laboratories.
(Source: P.A. 102-16, eff. 6-17-21.)
(30 ILCS 105/6z-127)
Sec. 6z-127 6z-125. State Police Revocation Enforcement

Fund.
(a) The State Police Revocation Enforcement Fund is
established as a special fund in the State treasury. This Fund
is established to receive moneys from the Firearm Owners
Identification Card Act to enforce that Act, the Firearm
Concealed Carry Act, Article 24 of the Criminal Code of 2012,
and other firearm offenses. The Fund may also receive revenue
from grants, donations, appropriations, and any other legal
source.
(b) The Illinois State Police may use moneys from the Fund
to establish task forces and, if necessary, include other law
enforcement agencies, under intergovernmental contracts
written and executed in conformity with the Intergovernmental
Cooperation Act.
(c) The Illinois State Police may use moneys in the Fund to
hire and train State Police officers and for the prevention of
violent crime.
(d) The State Police Revocation Enforcement Fund is not
subject to administrative chargebacks.
(e) Law enforcement agencies that participate in Firearm
Owner's Identification Card revocation enforcement in the
Violent Crime Intelligence Task Force may apply for grants
from the Illinois State Police.
(Source: P.A. 102-237, eff. 1-1-22; revised 11-9-21.)
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3)

Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,
and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost
of administration of Articles I and II of Chapter 3 of that
Code, and to pay the costs of the Executive Ethics
Commission for oversight and administration of the Chief
Procurement Officer appointed under paragraph (2) of
subsection (a) of Section 10-20 of the Illinois
Procurement Code for transportation; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'

Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the acquisition of land and the
erection of buildings for highway purposes, including the
acquisition of highway right-of-way or for investigations
to determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications and
estimates for and in the construction and maintenance of
flight strips and of highways necessary to provide access
to military and naval reservations, to defense industries
and defense-industry sites, and to the sources of raw
materials and for replacing existing highways and highway
connections shut off from general public use at military
and naval reservations and defense-industry sites, or for
the purchase of right-of-way, except that the State shall
be reimbursed in full for any expense incurred in building
the flight strips; or for the operating and maintaining of
highway garages; or for patrolling and policing the public
highways and conserving the peace; or for the operating
expenses of the Department relating to the administration
of public transportation programs; or, during fiscal year
2021 only, for the purposes of a grant not to exceed
$8,394,800 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or, during fiscal year 2022 only, for the
purposes of a grant not to exceed $8,394,800 to the

Regional Transportation Authority on behalf of PACE for
the purpose of ADA/Para-transit expenses; or for any of
those purposes or any other purpose that may be provided
by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road
Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except fiscal year 2021 only
when no more than $17,570,000 may be expended and except
fiscal year 2022 only when no more than $17,570,000 may be
expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.

Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois State Police, except for expenditures with
respect to the Division of Patrol Operations and Division
of Criminal Investigation;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies, except fiscal year 2021 only
when no more than $50,000,000 may be expended and except
fiscal year 2022 only when no more than $50,000,000 may be
expended, and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road

Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois State Police, except not more than 40% of
the funds appropriated for the Division of Patrol
Operations and Division of Criminal Investigation;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road
Fund monies that are eligible for federal reimbursement. It
shall not be lawful to circumvent the above appropriation
limitations by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction
of permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the Transportation Bond Act, and for no
other purpose. The surplus, if any, in the Road Fund after the

payment of principal and interest on that bonded indebtedness
then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,
operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and
supervision of the State, political subdivision, or
municipality collecting those monies, or during fiscal
year 2021 only for the purposes of a grant not to exceed
$8,394,800 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2022 only for the purposes

of a grant not to exceed $8,394,800 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, and the costs for patrolling
and policing the public highways (by the State, political
subdivision, or municipality collecting that money) for
enforcement of traffic laws. The separation of grades of
such highways with railroads and costs associated with
protection of at-grade highway and railroad crossing shall
also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as
provided in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with
fiscal year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Illinois State Police for the purposes of
this Section in excess of its total fiscal year 1990 Road Fund
appropriations for those purposes unless otherwise provided in
Section 5g of this Act. For fiscal years 2003, 2004, 2005,
2006, and 2007 only, no Road Fund monies shall be appropriated
to the Department of State Police for the purposes of this
Section in excess of $97,310,000. For fiscal year 2008 only,
no Road Fund monies shall be appropriated to the Department of
State Police for the purposes of this Section in excess of
$106,100,000. For fiscal year 2009 only, no Road Fund monies
shall be appropriated to the Department of State Police for
the purposes of this Section in excess of $114,700,000.

Beginning in fiscal year 2010, no road fund moneys shall be
appropriated to the Illinois State Police. It shall not be
lawful to circumvent this limitation on appropriations by
governmental reorganization or other methods unless otherwise
provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be
appropriated to the Secretary of State for the purposes of
this Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State
for the purposes of this Section in excess of the total fiscal
year 1994 Road Fund appropriations to the Secretary of State
for those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
Fiscal Year 2000 $80,500,000;
Fiscal Year 2001 $80,500,000;
Fiscal Year 2002 $80,500,000;

Fiscal Year 2003 $130,500,000;
Fiscal Year 2004 $130,500,000;
Fiscal Year 2005 $130,500,000;
Fiscal Year 2006 $130,500,000;
Fiscal Year 2007 $130,500,000;
Fiscal Year 2008 $130,500,000;
Fiscal Year 2009 $130,500,000.
For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar
as appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e
of this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25.
The additional amounts authorized for expenditure in this

Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.
The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 shall be repaid to the Road Fund
from the General Revenue Fund in the next succeeding fiscal
year that the General Revenue Fund has a positive budgetary
balance, as determined by generally accepted accounting
principles applicable to government.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised
10-15-21.)
(30 ILCS 105/25) (from Ch. 127, par. 161)
Sec. 25. Fiscal year limitations.
(a) All appropriations shall be available for expenditure
for the fiscal year or for a lesser period if the Act making
that appropriation so specifies. A deficiency or emergency
appropriation shall be available for expenditure only through
June 30 of the year when the Act making that appropriation is
enacted unless that Act otherwise provides.
(b) Outstanding liabilities as of June 30, payable from

appropriations which have otherwise expired, may be paid out
of the expiring appropriations during the 2-month period
ending at the close of business on August 31. Any service
involving professional or artistic skills or any personal
services by an employee whose compensation is subject to
income tax withholding must be performed as of June 30 of the
fiscal year in order to be considered an "outstanding
liability as of June 30" that is thereby eligible for payment
out of the expiring appropriation.
(b-1) However, payment of tuition reimbursement claims
under Section 14-7.03 or 18-3 of the School Code may be made by
the State Board of Education from its appropriations for those
respective purposes for any fiscal year, even though the
claims reimbursed by the payment may be claims attributable to
a prior fiscal year, and payments may be made at the direction
of the State Superintendent of Education from the fund from
which the appropriation is made without regard to any fiscal
year limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, payment of tuition
reimbursement claims under Section 14-7.03 or 18-3 of the
School Code as of June 30, payable from appropriations that
have otherwise expired, may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
(b-2) (Blank).
(b-2.5) (Blank).

(b-2.6) (Blank).
(b-2.6a) (Blank).
(b-2.6b) (Blank).
(b-2.6c) (Blank).
(b-2.6d) All outstanding liabilities as of June 30, 2020,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2020, and
interest penalties payable on those liabilities under the
State Prompt Payment Act, may be paid out of the expiring
appropriations until December 31, 2020, without regard to the
fiscal year in which the payment is made, as long as vouchers
for the liabilities are received by the Comptroller no later
than September 30, 2020.
(b-2.6e) All outstanding liabilities as of June 30, 2021,
payable from appropriations that would otherwise expire at the
conclusion of the lapse period for fiscal year 2021, and
interest penalties payable on those liabilities under the
State Prompt Payment Act, may be paid out of the expiring
appropriations until September 30, 2021, without regard to the
fiscal year in which the payment is made.
(b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
2020, 2021, and 2022, interest penalties payable under the
State Prompt Payment Act associated with a voucher for which
payment is issued after June 30 may be paid out of the next
fiscal year's appropriation. The future year appropriation
must be for the same purpose and from the same fund as the

original payment. An interest penalty voucher submitted
against a future year appropriation must be submitted within
60 days after the issuance of the associated voucher, except
that, for fiscal year 2018 only, an interest penalty voucher
submitted against a future year appropriation must be
submitted within 60 days of June 5, 2019 (the effective date of
Public Act 101-10). The Comptroller must issue the interest
payment within 60 days after acceptance of the interest
voucher.
(b-3) Medical payments may be made by the Department of
Veterans' Affairs from its appropriations for those purposes
for any fiscal year, without regard to the fact that the
medical services being compensated for by such payment may
have been rendered in a prior fiscal year, except as required
by subsection (j) of this Section. Beginning on June 30, 2021,
medical payments payable from appropriations that have
otherwise expired may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
(b-4) Medical payments and child care payments may be made
by the Department of Human Services (as successor to the
Department of Public Aid) from appropriations for those
purposes for any fiscal year, without regard to the fact that
the medical or child care services being compensated for by
such payment may have been rendered in a prior fiscal year; and
payments may be made at the direction of the Department of

Healthcare and Family Services (or successor agency) from the
Health Insurance Reserve Fund without regard to any fiscal
year limitations, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical and child care
payments made by the Department of Human Services and payments
made at the discretion of the Department of Healthcare and
Family Services (or successor agency) from the Health
Insurance Reserve Fund and payable from appropriations that
have otherwise expired may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.
(b-5) Medical payments may be made by the Department of
Human Services from its appropriations relating to substance
abuse treatment services for any fiscal year, without regard
to the fact that the medical services being compensated for by
such payment may have been rendered in a prior fiscal year,
provided the payments are made on a fee-for-service basis
consistent with requirements established for Medicaid
reimbursement by the Department of Healthcare and Family
Services, except as required by subsection (j) of this
Section. Beginning on June 30, 2021, medical payments made by
the Department of Human Services relating to substance abuse
treatment services payable from appropriations that have
otherwise expired may be paid out of the expiring
appropriation during the 4-month period ending at the close of
business on October 31.

(b-6) (Blank).
(b-7) Payments may be made in accordance with a plan
authorized by paragraph (11) or (12) of Section 405-105 of the
Department of Central Management Services Law from
appropriations for those payments without regard to fiscal
year limitations.
(b-8) Reimbursements to eligible airport sponsors for the
construction or upgrading of Automated Weather Observation
Systems may be made by the Department of Transportation from
appropriations for those purposes for any fiscal year, without
regard to the fact that the qualification or obligation may
have occurred in a prior fiscal year, provided that at the time
the expenditure was made the project had been approved by the
Department of Transportation prior to June 1, 2012 and, as a
result of recent changes in federal funding formulas, can no
longer receive federal reimbursement.
(b-9) (Blank).
(c) Further, payments may be made by the Department of
Public Health and the Department of Human Services (acting as
successor to the Department of Public Health under the
Department of Human Services Act) from their respective
appropriations for grants for medical care to or on behalf of
premature and high-mortality risk infants and their mothers
and for grants for supplemental food supplies provided under
the United States Department of Agriculture Women, Infants and
Children Nutrition Program, for any fiscal year without regard

to the fact that the services being compensated for by such
payment may have been rendered in a prior fiscal year, except
as required by subsection (j) of this Section. Beginning on
June 30, 2021, payments made by the Department of Public
Health and the Department of Human Services from their
respective appropriations for grants for medical care to or on
behalf of premature and high-mortality risk infants and their
mothers and for grants for supplemental food supplies provided
under the United States Department of Agriculture Women,
Infants and Children Nutrition Program payable from
appropriations that have otherwise expired may be paid out of
the expiring appropriations during the 4-month period ending
at the close of business on October 31.
(d) The Department of Public Health and the Department of
Human Services (acting as successor to the Department of
Public Health under the Department of Human Services Act)
shall each annually submit to the State Comptroller, Senate
President, Senate Minority Leader, Speaker of the House, House
Minority Leader, and the respective Chairmen and Minority
Spokesmen of the Appropriations Committees of the Senate and
the House, on or before December 31, a report of fiscal year
funds used to pay for services provided in any prior fiscal
year. This report shall document by program or service
category those expenditures from the most recently completed
fiscal year used to pay for services provided in prior fiscal
years.

(e) The Department of Healthcare and Family Services, the
Department of Human Services (acting as successor to the
Department of Public Aid), and the Department of Human
Services making fee-for-service payments relating to substance
abuse treatment services provided during a previous fiscal
year shall each annually submit to the State Comptroller,
Senate President, Senate Minority Leader, Speaker of the
House, House Minority Leader, the respective Chairmen and
Minority Spokesmen of the Appropriations Committees of the
Senate and the House, on or before November 30, a report that
shall document by program or service category those
expenditures from the most recently completed fiscal year used
to pay for (i) services provided in prior fiscal years and (ii)
services for which claims were received in prior fiscal years.
(f) The Department of Human Services (as successor to the
Department of Public Aid) shall annually submit to the State
Comptroller, Senate President, Senate Minority Leader, Speaker
of the House, House Minority Leader, and the respective
Chairmen and Minority Spokesmen of the Appropriations
Committees of the Senate and the House, on or before December
31, a report of fiscal year funds used to pay for services
(other than medical care) provided in any prior fiscal year.
This report shall document by program or service category
those expenditures from the most recently completed fiscal
year used to pay for services provided in prior fiscal years.
(g) In addition, each annual report required to be

submitted by the Department of Healthcare and Family Services
under subsection (e) shall include the following information
with respect to the State's Medicaid program:
(1) Explanations of the exact causes of the variance
between the previous year's estimated and actual
liabilities.
(2) Factors affecting the Department of Healthcare and
Family Services' liabilities, including, but not limited
to, numbers of aid recipients, levels of medical service
utilization by aid recipients, and inflation in the cost
of medical services.
(3) The results of the Department's efforts to combat
fraud and abuse.
(h) As provided in Section 4 of the General Assembly
Compensation Act, any utility bill for service provided to a
General Assembly member's district office for a period
including portions of 2 consecutive fiscal years may be paid
from funds appropriated for such expenditure in either fiscal
year.
(i) An agency which administers a fund classified by the
Comptroller as an internal service fund may issue rules for:
(1) billing user agencies in advance for payments or
authorized inter-fund transfers based on estimated charges
for goods or services;
(2) issuing credits, refunding through inter-fund
transfers, or reducing future inter-fund transfers during

the subsequent fiscal year for all user agency payments or
authorized inter-fund transfers received during the prior
fiscal year which were in excess of the final amounts owed
by the user agency for that period; and
(3) issuing catch-up billings to user agencies during
the subsequent fiscal year for amounts remaining due when
payments or authorized inter-fund transfers received from
the user agency during the prior fiscal year were less
than the total amount owed for that period.
User agencies are authorized to reimburse internal service
funds for catch-up billings by vouchers drawn against their
respective appropriations for the fiscal year in which the
catch-up billing was issued or by increasing an authorized
inter-fund transfer during the current fiscal year. For the
purposes of this Act, "inter-fund transfers" means transfers
without the use of the voucher-warrant process, as authorized
by Section 9.01 of the State Comptroller Act.
(i-1) Beginning on July 1, 2021, all outstanding
liabilities, not payable during the 4-month lapse period as
described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
of this Section, that are made from appropriations for that
purpose for any fiscal year, without regard to the fact that
the services being compensated for by those payments may have
been rendered in a prior fiscal year, are limited to only those
claims that have been incurred but for which a proper bill or
invoice as defined by the State Prompt Payment Act has not been

received by September 30th following the end of the fiscal
year in which the service was rendered.
(j) Notwithstanding any other provision of this Act, the
aggregate amount of payments to be made without regard for
fiscal year limitations as contained in subsections (b-1),
(b-3), (b-4), (b-5), and (c) of this Section, and determined
by using Generally Accepted Accounting Principles, shall not
exceed the following amounts:
(1) $6,000,000,000 for outstanding liabilities related
to fiscal year 2012;
(2) $5,300,000,000 for outstanding liabilities related
to fiscal year 2013;
(3) $4,600,000,000 for outstanding liabilities related
to fiscal year 2014;
(4) $4,000,000,000 for outstanding liabilities related
to fiscal year 2015;
(5) $3,300,000,000 for outstanding liabilities related
to fiscal year 2016;
(6) $2,600,000,000 for outstanding liabilities related
to fiscal year 2017;
(7) $2,000,000,000 for outstanding liabilities related
to fiscal year 2018;
(8) $1,300,000,000 for outstanding liabilities related
to fiscal year 2019;
(9) $600,000,000 for outstanding liabilities related
to fiscal year 2020; and

(10) $0 for outstanding liabilities related to fiscal
year 2021 and fiscal years thereafter.
(k) Department of Healthcare and Family Services Medical
Assistance Payments.
(1) Definition of Medical Assistance.
For purposes of this subsection, the term "Medical
Assistance" shall include, but not necessarily be
limited to, medical programs and services authorized
under Titles XIX and XXI of the Social Security Act,
the Illinois Public Aid Code, the Children's Health
Insurance Program Act, the Covering ALL KIDS Health
Insurance Act, the Long Term Acute Care Hospital
Quality Improvement Transfer Program Act, and medical
care to or on behalf of persons suffering from chronic
renal disease, persons suffering from hemophilia, and
victims of sexual assault.
(2) Limitations on Medical Assistance payments that
may be paid from future fiscal year appropriations.
(A) The maximum amounts of annual unpaid Medical
Assistance bills received and recorded by the
Department of Healthcare and Family Services on or
before June 30th of a particular fiscal year
attributable in aggregate to the General Revenue Fund,
Healthcare Provider Relief Fund, Tobacco Settlement
Recovery Fund, Long-Term Care Provider Fund, and the
Drug Rebate Fund that may be paid in total by the

Department from future fiscal year Medical Assistance
appropriations to those funds are: $700,000,000 for
fiscal year 2013 and $100,000,000 for fiscal year 2014
and each fiscal year thereafter.
(B) Bills for Medical Assistance services rendered
in a particular fiscal year, but received and recorded
by the Department of Healthcare and Family Services
after June 30th of that fiscal year, may be paid from
either appropriations for that fiscal year or future
fiscal year appropriations for Medical Assistance.
Such payments shall not be subject to the requirements
of subparagraph (A).
(C) Medical Assistance bills received by the
Department of Healthcare and Family Services in a
particular fiscal year, but subject to payment amount
adjustments in a future fiscal year may be paid from a
future fiscal year's appropriation for Medical
Assistance. Such payments shall not be subject to the
requirements of subparagraph (A).
(D) Medical Assistance payments made by the
Department of Healthcare and Family Services from
funds other than those specifically referenced in
subparagraph (A) may be made from appropriations for
those purposes for any fiscal year without regard to
the fact that the Medical Assistance services being
compensated for by such payment may have been rendered

in a prior fiscal year. Such payments shall not be
subject to the requirements of subparagraph (A).
(3) Extended lapse period for Department of Healthcare
and Family Services Medical Assistance payments.
Notwithstanding any other State law to the contrary,
outstanding Department of Healthcare and Family Services
Medical Assistance liabilities, as of June 30th, payable
from appropriations which have otherwise expired, may be
paid out of the expiring appropriations during the 4-month
period ending at the close of business on October 31st.
(l) The changes to this Section made by Public Act 97-691
shall be effective for payment of Medical Assistance bills
incurred in fiscal year 2013 and future fiscal years. The
changes to this Section made by Public Act 97-691 shall not be
applied to Medical Assistance bills incurred in fiscal year
2012 or prior fiscal years.
(m) The Comptroller must issue payments against
outstanding liabilities that were received prior to the lapse
period deadlines set forth in this Section as soon thereafter
as practical, but no payment may be issued after the 4 months
following the lapse period deadline without the signed
authorization of the Comptroller and the Governor.
(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
8-6-21; revised 9-28-21.)

Section 220. The Illinois Procurement Code is amended by
changing Section 1-10 as follows:
(30 ILCS 500/1-10)
Sec. 1-10. Application.
(a) This Code applies only to procurements for which
bidders, offerors, potential contractors, or contractors were
first solicited on or after July 1, 1998. This Code shall not
be construed to affect or impair any contract, or any
provision of a contract, entered into based on a solicitation
prior to the implementation date of this Code as described in
Article 99, including, but not limited to, any covenant
entered into with respect to any revenue bonds or similar
instruments. All procurements for which contracts are
solicited between the effective date of Articles 50 and 99 and
July 1, 1998 shall be substantially in accordance with this
Code and its intent.
(b) This Code shall apply regardless of the source of the
funds with which the contracts are paid, including federal
assistance moneys. This Code shall not apply to:
(1) Contracts between the State and its political
subdivisions or other governments, or between State
governmental bodies, except as specifically provided in
this Code.
(2) Grants, except for the filing requirements of
Section 20-80.

(3) Purchase of care, except as provided in Section
5-30.6 of the Illinois Public Aid Code and this Section.
(4) Hiring of an individual as an employee and not as
an independent contractor, whether pursuant to an
employment code or policy or by contract directly with
that individual.
(5) Collective bargaining contracts.
(6) Purchase of real estate, except that notice of
this type of contract with a value of more than $25,000
must be published in the Procurement Bulletin within 10
calendar days after the deed is recorded in the county of
jurisdiction. The notice shall identify the real estate
purchased, the names of all parties to the contract, the
value of the contract, and the effective date of the
contract.
(7) Contracts necessary to prepare for anticipated
litigation, enforcement actions, or investigations,
provided that the chief legal counsel to the Governor
shall give his or her prior approval when the procuring
agency is one subject to the jurisdiction of the Governor,
and provided that the chief legal counsel of any other
procuring entity subject to this Code shall give his or
her prior approval when the procuring entity is not one
subject to the jurisdiction of the Governor.
(8) (Blank).
(9) Procurement expenditures by the Illinois

Conservation Foundation when only private funds are used.
(10) (Blank).
(11) Public-private agreements entered into according
to the procurement requirements of Section 20 of the
Public-Private Partnerships for Transportation Act and
design-build agreements entered into according to the
procurement requirements of Section 25 of the
Public-Private Partnerships for Transportation Act.
(12) (A) Contracts for legal, financial, and other
professional and artistic services entered into by the
Illinois Finance Authority in which the State of Illinois
is not obligated. Such contracts shall be awarded through
a competitive process authorized by the members of the
Illinois Finance Authority and are subject to Sections
5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
as well as the final approval by the members of the
Illinois Finance Authority of the terms of the contract.
(B) Contracts for legal and financial services entered
into by the Illinois Housing Development Authority in
connection with the issuance of bonds in which the State
of Illinois is not obligated. Such contracts shall be
awarded through a competitive process authorized by the
members of the Illinois Housing Development Authority and
are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
and 50-37 of this Code, as well as the final approval by
the members of the Illinois Housing Development Authority

of the terms of the contract.
(13) Contracts for services, commodities, and
equipment to support the delivery of timely forensic
science services in consultation with and subject to the
approval of the Chief Procurement Officer as provided in
subsection (d) of Section 5-4-3a of the Unified Code of
Corrections, except for the requirements of Sections
20-60, 20-65, 20-70, and 20-160 and Article 50 of this
Code; however, the Chief Procurement Officer may, in
writing with justification, waive any certification
required under Article 50 of this Code. For any contracts
for services which are currently provided by members of a
collective bargaining agreement, the applicable terms of
the collective bargaining agreement concerning
subcontracting shall be followed.
On and after January 1, 2019, this paragraph (13),
except for this sentence, is inoperative.
(14) Contracts for participation expenditures required
by a domestic or international trade show or exhibition of
an exhibitor, member, or sponsor.
(15) Contracts with a railroad or utility that
requires the State to reimburse the railroad or utilities
for the relocation of utilities for construction or other
public purpose. Contracts included within this paragraph
(15) shall include, but not be limited to, those
associated with: relocations, crossings, installations,

and maintenance. For the purposes of this paragraph (15),
"railroad" means any form of non-highway ground
transportation that runs on rails or electromagnetic
guideways and "utility" means: (1) public utilities as
defined in Section 3-105 of the Public Utilities Act, (2)
telecommunications carriers as defined in Section 13-202
of the Public Utilities Act, (3) electric cooperatives as
defined in Section 3.4 of the Electric Supplier Act, (4)
telephone or telecommunications cooperatives as defined in
Section 13-212 of the Public Utilities Act, (5) rural
water or waste water systems with 10,000 connections or
less, (6) a holder as defined in Section 21-201 of the
Public Utilities Act, and (7) municipalities owning or
operating utility systems consisting of public utilities
as that term is defined in Section 11-117-2 of the
Illinois Municipal Code.
(16) Procurement expenditures necessary for the
Department of Public Health to provide the delivery of
timely newborn screening services in accordance with the
Newborn Metabolic Screening Act.
(17) Procurement expenditures necessary for the
Department of Agriculture, the Department of Financial and
Professional Regulation, the Department of Human Services,
and the Department of Public Health to implement the
Compassionate Use of Medical Cannabis Program and Opioid
Alternative Pilot Program requirements and ensure access

to medical cannabis for patients with debilitating medical
conditions in accordance with the Compassionate Use of
Medical Cannabis Program Act.
(18) This Code does not apply to any procurements
necessary for the Department of Agriculture, the
Department of Financial and Professional Regulation, the
Department of Human Services, the Department of Commerce
and Economic Opportunity, and the Department of Public
Health to implement the Cannabis Regulation and Tax Act if
the applicable agency has made a good faith determination
that it is necessary and appropriate for the expenditure
to fall within this exemption and if the process is
conducted in a manner substantially in accordance with the
requirements of Sections 20-160, 25-60, 30-22, 50-5,
50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
50-36, 50-37, 50-38, and 50-50 of this Code; however, for
Section 50-35, compliance applies only to contracts or
subcontracts over $100,000. Notice of each contract
entered into under this paragraph (18) that is related to
the procurement of goods and services identified in
paragraph (1) through (9) of this subsection shall be
published in the Procurement Bulletin within 14 calendar
days after contract execution. The Chief Procurement
Officer shall prescribe the form and content of the
notice. Each agency shall provide the Chief Procurement
Officer, on a monthly basis, in the form and content

prescribed by the Chief Procurement Officer, a report of
contracts that are related to the procurement of goods and
services identified in this subsection. At a minimum, this
report shall include the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to this Code utilized. A copy of any or all of
these contracts shall be made available to the Chief
Procurement Officer immediately upon request. The Chief
Procurement Officer shall submit a report to the Governor
and General Assembly no later than November 1 of each year
that includes, at a minimum, an annual summary of the
monthly information reported to the Chief Procurement
Officer. This exemption becomes inoperative 5 years after
June 25, 2019 (the effective date of Public Act 101-27).
(19) Acquisition of modifications or adjustments,
limited to assistive technology devices and assistive
technology services, adaptive equipment, repairs, and
replacement parts to provide reasonable accommodations (i)
that enable a qualified applicant with a disability to
complete the job application process and be considered for
the position such qualified applicant desires, (ii) that
modify or adjust the work environment to enable a
qualified current employee with a disability to perform
the essential functions of the position held by that
employee, (iii) to enable a qualified current employee

with a disability to enjoy equal benefits and privileges
of employment as are enjoyed by its other similarly
situated employees without disabilities, and (iv) that
allow a customer, client, claimant, or member of the
public seeking State services full use and enjoyment of
and access to its programs, services, or benefits.
For purposes of this paragraph (19):
"Assistive technology devices" means any item, piece
of equipment, or product system, whether acquired
commercially off the shelf, modified, or customized, that
is used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
"Assistive technology services" means any service that
directly assists an individual with a disability in
selection, acquisition, or use of an assistive technology
device.
"Qualified" has the same meaning and use as provided
under the federal Americans with Disabilities Act when
describing an individual with a disability.
(20) (19) Procurement expenditures necessary for the
Illinois Commerce Commission to hire third-party
facilitators pursuant to Sections 16-105.17 and Section
16-108.18 of the Public Utilities Act or an ombudsman
pursuant to Section 16-107.5 of the Public Utilities Act,
a facilitator pursuant to Section 16-105.17 of the Public
Utilities Act, or a grid auditor pursuant to Section

16-105.10 of the Public Utilities Act.
Notwithstanding any other provision of law, for contracts
entered into on or after October 1, 2017 under an exemption
provided in any paragraph of this subsection (b), except
paragraph (1), (2), or (5), each State agency shall post to the
appropriate procurement bulletin the name of the contractor, a
description of the supply or service provided, the total
amount of the contract, the term of the contract, and the
exception to the Code utilized. The chief procurement officer
shall submit a report to the Governor and General Assembly no
later than November 1 of each year that shall include, at a
minimum, an annual summary of the monthly information reported
to the chief procurement officer.
(c) This Code does not apply to the electric power
procurement process provided for under Section 1-75 of the
Illinois Power Agency Act and Section 16-111.5 of the Public
Utilities Act.
(d) Except for Section 20-160 and Article 50 of this Code,
and as expressly required by Section 9.1 of the Illinois
Lottery Law, the provisions of this Code do not apply to the
procurement process provided for under Section 9.1 of the
Illinois Lottery Law.
(e) This Code does not apply to the process used by the
Capital Development Board to retain a person or entity to
assist the Capital Development Board with its duties related
to the determination of costs of a clean coal SNG brownfield

facility, as defined by Section 1-10 of the Illinois Power
Agency Act, as required in subsection (h-3) of Section 9-220
of the Public Utilities Act, including calculating the range
of capital costs, the range of operating and maintenance
costs, or the sequestration costs or monitoring the
construction of clean coal SNG brownfield facility for the
full duration of construction.
(f) (Blank).
(g) (Blank).
(h) This Code does not apply to the process to procure or
contracts entered into in accordance with Sections 11-5.2 and
11-5.3 of the Illinois Public Aid Code.
(i) Each chief procurement officer may access records
necessary to review whether a contract, purchase, or other
expenditure is or is not subject to the provisions of this
Code, unless such records would be subject to attorney-client
privilege.
(j) This Code does not apply to the process used by the
Capital Development Board to retain an artist or work or works
of art as required in Section 14 of the Capital Development
Board Act.
(k) This Code does not apply to the process to procure
contracts, or contracts entered into, by the State Board of
Elections or the State Electoral Board for hearing officers
appointed pursuant to the Election Code.
(l) This Code does not apply to the processes used by the

Illinois Student Assistance Commission to procure supplies and
services paid for from the private funds of the Illinois
Prepaid Tuition Fund. As used in this subsection (l), "private
funds" means funds derived from deposits paid into the
Illinois Prepaid Tuition Trust Fund and the earnings thereon.
(m) This Code shall apply regardless of the source of
funds with which contracts are paid, including federal
assistance moneys. Except as specifically provided in this
Code, this Code shall not apply to procurement expenditures
necessary for the Department of Public Health to conduct the
Healthy Illinois Survey in accordance with Section 2310-431 of
the Department of Public Health Powers and Duties Law of the
Civil Administrative Code of Illinois.
(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
eff. 9-15-21; revised 11-23-21.)
Section 225. The State Property Control Act is amended by
changing Sections 7b and 7c as follows:
(30 ILCS 605/7b)
Sec. 7b. Maintenance and operation of Illinois State
Police vehicles. All proceeds received by the Department of
Central Management Services under this Act from the sale of
vehicles operated by the Illinois State Police shall be

deposited into the State Police Vehicle Fund. Illinois
(Source: P.A. 101-636, eff. 6-10-20; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; revised 10-28-21.)
(30 ILCS 605/7c)
Sec. 7c. Acquisition of Illinois State Police vehicles.
(a) The State Police Vehicle Fund is created as a special
fund in the State treasury. All moneys in the Fund, subject to
appropriation, shall be used by the Illinois State Police:
(1) for the acquisition of vehicles for the Illinois
State Police;
(2) for debt service on bonds issued to finance the
acquisition of vehicles for the Illinois State Police; or
(3) for the maintenance and operation of vehicles for
the Illinois State Police.
(b) Notwithstanding any other provision of law to the
contrary, and in addition to any other transfers that may be
provided by law, on August 20, 2021 (the effective date of
Public Act 102-505) this amendatory Act of the 102nd General
Assembly, or as soon thereafter as practicable, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Police Vehicle
Maintenance Fund into the State Police Vehicle Fund. Upon
completion of the transfer, the State Police Vehicle
Maintenance Fund is dissolved, and any future deposits due to
that Fund and any outstanding obligations or liabilities of

that Fund shall pass to the State Police Vehicle Fund.
(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;
revised 11-2-21.)
Section 230. The Grant Accountability and Transparency Act
is amended by changing Sections 20 and 45 as follows:
(30 ILCS 708/20)
Sec. 20. Adoption of federal rules applicable to grants.
(a) On or before July 1, 2016, the Governor's Office of
Management and Budget, with the advice and technical
assistance of the Illinois Single Audit Commission, shall
adopt rules which adopt the Uniform Guidance at 2 CFR 200. The
rules, which shall apply to all State and federal pass-through
awards effective on and after July 1, 2016, shall include the
following:
(1) Administrative requirements. In accordance with
Subparts B through D of 2 CFR 200, the rules shall set
forth the uniform administrative requirements for grant
and cooperative agreements, including the requirements for
the management by State awarding agencies of federal grant
programs before State and federal pass-through awards have
been made and requirements that State awarding agencies
may impose on non-federal entities in State and federal
pass-through awards.
(2) Cost principles. In accordance with Subpart E of 2

CFR 200, the rules shall establish principles for
determining the allowable costs incurred by non-federal
entities under State and federal pass-through awards. The
principles are intended for cost determination, but are
not intended to identify the circumstances or dictate the
extent of State or federal pass-through participation in
financing a particular program or project. The principles
shall provide that State and federal awards bear their
fair share of cost recognized under these principles,
except where restricted or prohibited by State or federal
law.
(3) Audit and single audit requirements and audit
follow-up. In accordance with Subpart F of 2 CFR 200 and
the federal Single Audit Act Amendments of 1996, the rules
shall set forth standards to obtain consistency and
uniformity among State and federal pass-through awarding
agencies for the audit of non-federal entities expending
State and federal awards. These provisions shall also set
forth the policies and procedures for State and federal
pass-through entities when using the results of these
audits.
The provisions of this item (3) do not apply to
for-profit subrecipients because for-profit subrecipients
are not subject to the requirements of 2 CFR 200, Subpart
F, Audits of States, Local and Non-Profit Organizations.
Audits of for-profit subrecipients must be conducted

pursuant to a Program Audit Guide issued by the Federal
awarding agency. If a Program Audit Guide is not
available, the State awarding agency must prepare a
Program Audit Guide in accordance with the 2 CFR 200,
Subpart F – Audit Requirements - Compliance Supplement.
For-profit entities are subject to all other general
administrative requirements and cost principles applicable
to grants.
(b) This Act addresses only State and federal pass-through
auditing functions and does not address the external audit
function of the Auditor General.
(c) For public institutions of higher education, the
provisions of this Section apply only to awards funded by
federal pass-through awards from a State agency to public
institutions of higher education. Federal pass-through awards
from a State agency to public institutions of higher education
are governed by and must comply with federal guidelines under
2 CFR 200.
(d) The State grant-making agency is responsible for
establishing requirements, as necessary, to ensure compliance
by for-profit subrecipients. The agreement with the for-profit
subrecipient shall describe the applicable compliance
requirements and the for-profit subrecipient's compliance
responsibility. Methods to ensure compliance for State and
federal pass-through awards made to for-profit subrecipients
shall include pre-award, audits, monitoring during the

agreement, and post-award audits. The Governor's Office of
Management and Budget shall provide such advice and technical
assistance to the State grant-making agency as is necessary or
indicated.
(Source: P.A. 102-626, eff. 8-27-21; revised 12-2-21.)
(30 ILCS 708/45)
Sec. 45. Applicability.
(a) Except as otherwise provided in this Section, the
requirements established under this Act apply to State
grant-making agencies that make State and federal pass-through
awards to non-federal entities. These requirements apply to
all costs related to State and federal pass-through awards.
The requirements established under this Act do not apply to
private awards, to allocations of State revenues paid over by
the Comptroller to units of local government and other taxing
districts pursuant to the State Revenue Sharing Act from the
Local Government Distributive Fund or the Personal Property
Tax Replacement Fund, or to allotments of State motor fuel tax
revenues distributed by the Department of Transportation to
units of local government pursuant to the Motor Fuel Tax Law
from the Motor Fuel Tax Fund or the Transportation Renewal
Fund.
(a-5) Nothing in this Act shall prohibit the use of State
funds for purposes of federal match or maintenance of effort.
(b) The terms and conditions of State, federal, and

pass-through awards apply to subawards and subrecipients
unless a particular Section of this Act or the terms and
conditions of the State or federal award specifically indicate
otherwise. Non-federal entities shall comply with requirements
of this Act regardless of whether the non-federal entity is a
recipient or subrecipient of a State or federal pass-through
award. Pass-through entities shall comply with the
requirements set forth under the rules adopted under
subsection (a) of Section 20 of this Act, but not to any
requirements in this Act directed towards State or federal
awarding agencies, unless the requirements of the State or
federal awards indicate otherwise.
When a non-federal entity is awarded a cost-reimbursement
contract, only 2 CFR 200.330 through 200.332 are incorporated
by reference into the contract. However, when the Cost
Accounting Standards are applicable to the contract, they take
precedence over the requirements of this Act unless they are
in conflict with Subpart F of 2 CFR 200. In addition, costs
that are made unallowable under 10 U.S.C. 2324(e) and 41
U.S.C. 4304(a), as described in the Federal Acquisition
Regulations, subpart 31.2 and subpart 31.603, are always
unallowable. For requirements other than those covered in
Subpart D of 2 CFR 200.330 through 200.332, the terms of the
contract and the Federal Acquisition Regulations apply.
With the exception of Subpart F of 2 CFR 200, which is
required by the Single Audit Act, in any circumstances where

the provisions of federal statutes or regulations differ from
the provisions of this Act, the provision of the federal
statutes or regulations govern. This includes, for agreements
with Indian tribes, the provisions of the Indian
Self-Determination and Education and Assistance Act, as
amended, 25 U.S.C. 450-458ddd-2.
(c) State grant-making agencies may apply subparts A
through E of 2 CFR 200 to for-profit entities, foreign public
entities, or foreign organizations, except where the awarding
agency determines that the application of these subparts would
be inconsistent with the international obligations of the
United States or the statute or regulations of a foreign
government.
(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
different types of awards. The same applicability applies to
this Act.
(e) (Blank).
(f) For public institutions of higher education, the
provisions of this Act apply only to awards funded by federal
pass-through awards from a State agency to public institutions
of higher education. This Act shall recognize provisions in 2
CFR 200 as applicable to public institutions of higher
education, including Appendix III of Part 200 and the cost
principles under Subpart E.
(g) Each grant-making agency shall enhance its processes
to monitor and address noncompliance with reporting

requirements and with program performance standards. Where
applicable, the process may include a corrective action plan.
The monitoring process shall include a plan for tracking and
documenting performance-based contracting decisions.
(h) Notwithstanding any provision of law to the contrary,
grants awarded from federal funds received from the federal
Coronavirus State Fiscal Recovery Fund in accordance with
Section 9901 of the American Rescue Plan Act of 2021 are
subject to the provisions of this Act, but only to the extent
required by Section 9901 of the American Rescue Plan Act of
2021 and other applicable federal law or regulation.
(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
102-626, eff. 8-27-21; revised 10-27-21.)
Section 235. The Intergovernmental Drug Laws Enforcement
Act is amended by changing Section 3 as follows:
(30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
Sec. 3. A Metropolitan Enforcement Group which meets the
minimum criteria established in this Section is eligible to
receive State grants to help defray the costs of operation. To
be eligible a MEG must:
(1) Be established and operating pursuant to
intergovernmental contracts written and executed in
conformity with the Intergovernmental Cooperation Act, and
involve 2 or more units of local government.

(2) Establish a MEG Policy Board composed of an
elected official, or his designee, and the chief law
enforcement officer, or his designee, from each
participating unit of local government to oversee the
operations of the MEG and make such reports to the
Illinois State Police as the Illinois State Police may
require.
(3) Designate a single appropriate elected official of
a participating unit of local government to act as the
financial officer of the MEG for all participating units
of local government and to receive funds for the operation
of the MEG.
(4) Limit its operations to enforcement of drug laws;
enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners
Identification Card Act; and the investigation of
streetgang related offenses.
(5) Cooperate with the Illinois State Police in order
to assure compliance with this Act and to enable the
Illinois State Police to fulfill its duties under this
Act, and supply the Illinois State Police with all
information the Illinois State Police deems necessary
therefor.

(6) Receive funding of at least 50% of the total
operating budget of the MEG from the participating units
of local government.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-6-21.)
Section 240. The State Mandates Act is amended by changing
Sections 8.43, 8.44, and 8.45 as follows:
(30 ILCS 805/8.43)
Sec. 8.43. Exempt mandate.
(a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 101-11, 101-49, 101-275,
101-320, 101-377, 101-387, 101-474, 101-492, 101-502, 101-504,
101-522, 101-610, or 101-627, or 101-673.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by the Seizure Smart School Act.
(Source: P.A. 101-11, eff. 6-7-19; 101-49, eff. 7-12-19;
101-50, eff. 7-1-20; 101-275, eff. 8-9-19; 101-320, eff.
8-9-19; 101-377, eff. 8-16-19; 101-387, eff. 8-16-19; 101-474,
eff. 8-23-19; 101-492, eff. 8-23-19; 101-502, eff. 8-23-19;
101-504, eff. 7-1-20; 101-522, eff. 8-23-19; 101-610, eff.
1-1-20; 101-627, eff. 1-24-20; 101-673, eff. 4-5-21; 102-558,
eff. 8-20-21; revised 9-28-21.)

(30 ILCS 805/8.44)
Sec. 8.44. Exempt mandate.
(a) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Section 4-7 of the Illinois Local
Library Act or Section 30-55.60 of the Public Library District
Act of 1991.
(b) Notwithstanding Sections 6 and 8 of this Act, no
reimbursement by the State is required for the implementation
of any mandate created by Public Act 101-633 or 101-653.
(Source: P.A. 101-632, eff. 6-5-20; 101-633, eff. 6-5-20;
101-653, eff. 2-28-21; 102-558, eff. 8-20-21; revised
8-20-21.)
(30 ILCS 805/8.45)
(Text of Section before amendment by P.A. 102-466)
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by Public Act
102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,
102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-540,
102-552, or 102-636 this amendatory Act of the 102nd General
Assembly.
(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;
102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;

102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.
7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,
eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;
102-540, eff. 8-20-21; 102-552, eff. 1-1-22; 102-636, eff.
8-27-21; revised 10-1-21.)
(Text of Section after amendment by P.A. 102-466)
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and
8 of this Act, no reimbursement by the State is required for
the implementation of any mandate created by Public Act
102-16, 102-63, 102-81, 102-91, 102-97, 102-113, 102-125,
102-202, 102-210, 102-263, 102-265, 102-293, 102-342, 102-466,
102-540, 102-552, or 102-636 this amendatory Act of the 102nd
General Assembly.
(Source: P.A. 102-16, eff. 6-17-21; 102-63, eff. 7-9-21;
102-81, eff. 7-9-21; 102-91, eff. 7-9-21; 102-97, eff. 1-1-22;
102-113, eff. 7-23-21; 102-125, eff. 7-23-21; 102-202, eff.
7-30-21; 102-210, eff. 1-1-22; 102-263, eff. 8-6-21; 102-265,
eff. 8-6-21; 102-293, eff. 8-6-21; 102-342, eff. 8-13-21;
102-466, eff. 7-1-25; 102-540, eff. 8-20-21; 102-552, eff.
1-1-22; 102-636, eff. 8-27-21; revised 10-1-21.)
Section 245. The Illinois Income Tax Act is amended by
changing Sections 203, 901, and 917 as follows:
(35 ILCS 5/203) (from Ch. 120, par. 2-203)

Sec. 203. Base income defined.
(a) Individuals.
(1) In general. In the case of an individual, base
income means an amount equal to the taxpayer's adjusted
gross income for the taxable year as modified by paragraph
(2).
(2) Modifications. The adjusted gross income referred
to in paragraph (1) shall be modified by adding thereto
the sum of the following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest or dividends during the
taxable year to the extent excluded from gross income
in the computation of adjusted gross income, except
stock dividends of qualified public utilities
described in Section 305(e) of the Internal Revenue
Code;
(B) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income in
the computation of adjusted gross income for the
taxable year;
(C) An amount equal to the amount received during
the taxable year as a recovery or refund of real
property taxes paid with respect to the taxpayer's
principal residence under the Revenue Act of 1939 and
for which a deduction was previously taken under
subparagraph (L) of this paragraph (2) prior to July

1, 1991, the retrospective application date of Article
4 of Public Act 87-17. In the case of multi-unit or
multi-use structures and farm dwellings, the taxes on
the taxpayer's principal residence shall be that
portion of the total taxes for the entire property
which is attributable to such principal residence;
(D) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the
computation of adjusted gross income;
(D-5) An amount, to the extent not included in
adjusted gross income, equal to the amount of money
withdrawn by the taxpayer in the taxable year from a
medical care savings account and the interest earned
on the account in the taxable year of a withdrawal
pursuant to subsection (b) of Section 20 of the
Medical Care Savings Account Act or subsection (b) of
Section 20 of the Medical Care Savings Account Act of
2000;
(D-10) For taxable years ending after December 31,
1997, an amount equal to any eligible remediation
costs that the individual deducted in computing
adjusted gross income and for which the individual
claims a credit under subsection (l) of Section 201;
(D-15) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken

on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of
the Internal Revenue Code;
(D-16) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-15), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (Z) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which a
subtraction is allowed with respect to that property
under subparagraph (Z) and for which the taxpayer was
allowed in any taxable year to make a subtraction
modification under subparagraph (Z), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;
(D-17) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the

fact that foreign person's business activity outside
the United States is 80% or more of the foreign
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the
extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income under Sections 951 through
964 of the Internal Revenue Code and amounts included
in gross income under Section 78 of the Internal
Revenue Code) with respect to the stock of the same
person to whom the interest was paid, accrued, or
incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary

reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract
or agreement entered into at arm's-length rates
and terms and the principal purpose for the
payment is not federal or Illinois tax avoidance;
or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if

the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(D-18) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that

the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group
because he or she is ordinarily required to apportion
business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that
dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income under Sections 951 through 964 of the Internal
Revenue Code and amounts included in gross income
under Section 78 of the Internal Revenue Code) with
respect to the stock of the same person to whom the
intangible expenses and costs were directly or
indirectly paid, incurred, or accrued. The preceding
sentence does not apply to the extent that the same
dividends caused a reduction to the addition
modification required under Section 203(a)(2)(D-17) of
this Act. As used in this subparagraph, the term
"intangible expenses and costs" includes (1) expenses,
losses, and costs for, or related to, the direct or
indirect acquisition, use, maintenance or management,
ownership, sale, exchange, or any other disposition of
intangible property; (2) losses incurred, directly or
indirectly, from factoring transactions or discounting

transactions; (3) royalty, patent, technical, and
copyright fees; (4) licensing fees; and (5) other
similar expenses and costs. For purposes of this
subparagraph, "intangible property" includes patents,
patent applications, trade names, trademarks, service
marks, copyrights, mask works, trade secrets, and
similar types of intangible assets.
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the

taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if
the taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an
alternative method of apportionment under Section
304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(D-19) For taxable years ending on or after
December 31, 2008, an amount equal to the amount of
insurance premium expenses and costs otherwise allowed

as a deduction in computing base income, and that were
paid, accrued, or incurred, directly or indirectly, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the
stock of the same person to whom the premiums and costs
were directly or indirectly paid, incurred, or
accrued. The preceding sentence does not apply to the
extent that the same dividends caused a reduction to
the addition modification required under Section
203(a)(2)(D-17) or Section 203(a)(2)(D-18) of this
Act;
(D-20) For taxable years beginning on or after
January 1, 2002 and ending on or before December 31,

2006, in the case of a distribution from a qualified
tuition program under Section 529 of the Internal
Revenue Code, other than (i) a distribution from a
College Savings Pool created under Section 16.5 of the
State Treasurer Act or (ii) a distribution from the
Illinois Prepaid Tuition Trust Fund, an amount equal
to the amount excluded from gross income under Section
529(c)(3)(B). For taxable years beginning on or after
January 1, 2007, in the case of a distribution from a
qualified tuition program under Section 529 of the
Internal Revenue Code, other than (i) a distribution
from a College Savings Pool created under Section 16.5
of the State Treasurer Act, (ii) a distribution from
the Illinois Prepaid Tuition Trust Fund, or (iii) a
distribution from a qualified tuition program under
Section 529 of the Internal Revenue Code that (I)
adopts and determines that its offering materials
comply with the College Savings Plans Network's
disclosure principles and (II) has made reasonable
efforts to inform in-state residents of the existence
of in-state qualified tuition programs by informing
Illinois residents directly and, where applicable, to
inform financial intermediaries distributing the
program to inform in-state residents of the existence
of in-state qualified tuition programs at least
annually, an amount equal to the amount excluded from

gross income under Section 529(c)(3)(B).
For the purposes of this subparagraph (D-20), a
qualified tuition program has made reasonable efforts
if it makes disclosures (which may use the term
"in-state program" or "in-state plan" and need not
specifically refer to Illinois or its qualified
programs by name) (i) directly to prospective
participants in its offering materials or makes a
public disclosure, such as a website posting; and (ii)
where applicable, to intermediaries selling the
out-of-state program in the same manner that the
out-of-state program distributes its offering
materials;
(D-20.5) For taxable years beginning on or after
January 1, 2018, in the case of a distribution from a
qualified ABLE program under Section 529A of the
Internal Revenue Code, other than a distribution from
a qualified ABLE program created under Section 16.6 of
the State Treasurer Act, an amount equal to the amount
excluded from gross income under Section 529A(c)(1)(B)
of the Internal Revenue Code;
(D-21) For taxable years beginning on or after
January 1, 2007, in the case of transfer of moneys from
a qualified tuition program under Section 529 of the
Internal Revenue Code that is administered by the
State to an out-of-state program, an amount equal to

the amount of moneys previously deducted from base
income under subsection (a)(2)(Y) of this Section;
(D-21.5) For taxable years beginning on or after
January 1, 2018, in the case of the transfer of moneys
from a qualified tuition program under Section 529 or
a qualified ABLE program under Section 529A of the
Internal Revenue Code that is administered by this
State to an ABLE account established under an
out-of-state ABLE account program, an amount equal to
the contribution component of the transferred amount
that was previously deducted from base income under
subsection (a)(2)(Y) or subsection (a)(2)(HH) of this
Section;
(D-22) For taxable years beginning on or after
January 1, 2009, and prior to January 1, 2018, in the
case of a nonqualified withdrawal or refund of moneys
from a qualified tuition program under Section 529 of
the Internal Revenue Code administered by the State
that is not used for qualified expenses at an eligible
education institution, an amount equal to the
contribution component of the nonqualified withdrawal
or refund that was previously deducted from base
income under subsection (a)(2)(y) of this Section,
provided that the withdrawal or refund did not result
from the beneficiary's death or disability. For
taxable years beginning on or after January 1, 2018:

(1) in the case of a nonqualified withdrawal or
refund, as defined under Section 16.5 of the State
Treasurer Act, of moneys from a qualified tuition
program under Section 529 of the Internal Revenue Code
administered by the State, an amount equal to the
contribution component of the nonqualified withdrawal
or refund that was previously deducted from base
income under subsection (a)(2)(Y) of this Section, and
(2) in the case of a nonqualified withdrawal or refund
from a qualified ABLE program under Section 529A of
the Internal Revenue Code administered by the State
that is not used for qualified disability expenses, an
amount equal to the contribution component of the
nonqualified withdrawal or refund that was previously
deducted from base income under subsection (a)(2)(HH)
of this Section;
(D-23) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;
(D-24) For taxable years ending on or after
December 31, 2017, an amount equal to the deduction
allowed under Section 199 of the Internal Revenue Code
for the taxable year;
(D-25) In the case of a resident, an amount equal
to the amount of tax for which a credit is allowed

pursuant to Section 201(p)(7) of this Act;
and by deducting from the total so obtained the sum of the
following amounts:
(E) For taxable years ending before December 31,
2001, any amount included in such total in respect of
any compensation (including but not limited to any
compensation paid or accrued to a serviceman while a
prisoner of war or missing in action) paid to a
resident by reason of being on active duty in the Armed
Forces of the United States and in respect of any
compensation paid or accrued to a resident who as a
governmental employee was a prisoner of war or missing
in action, and in respect of any compensation paid to a
resident in 1971 or thereafter for annual training
performed pursuant to Sections 502 and 503, Title 32,
United States Code as a member of the Illinois
National Guard or, beginning with taxable years ending
on or after December 31, 2007, the National Guard of
any other state. For taxable years ending on or after
December 31, 2001, any amount included in such total
in respect of any compensation (including but not
limited to any compensation paid or accrued to a
serviceman while a prisoner of war or missing in
action) paid to a resident by reason of being a member
of any component of the Armed Forces of the United
States and in respect of any compensation paid or

accrued to a resident who as a governmental employee
was a prisoner of war or missing in action, and in
respect of any compensation paid to a resident in 2001
or thereafter by reason of being a member of the
Illinois National Guard or, beginning with taxable
years ending on or after December 31, 2007, the
National Guard of any other state. The provisions of
this subparagraph (E) are exempt from the provisions
of Section 250;
(F) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a), and
408 of the Internal Revenue Code, or included in such
total as distributions under the provisions of any
retirement or disability plan for employees of any
governmental agency or unit, or retirement payments to
retired partners, which payments are excluded in
computing net earnings from self employment by Section
1402 of the Internal Revenue Code and regulations
adopted pursuant thereto;
(G) The valuation limitation amount;
(H) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;
(I) An amount equal to all amounts included in
such total pursuant to the provisions of Section 111

of the Internal Revenue Code as a recovery of items
previously deducted from adjusted gross income in the
computation of taxable income;
(J) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in a River Edge
Redevelopment Zone or zones created under the River
Edge Redevelopment Zone Act, and conducts
substantially all of its operations in a River Edge
Redevelopment Zone or zones. This subparagraph (J) is
exempt from the provisions of Section 250;
(K) An amount equal to those dividends included in
such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated
a High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (J) of paragraph (2) of this subsection
shall not be eligible for the deduction provided under
this subparagraph (K);
(L) For taxable years ending after December 31,
1983, an amount equal to all social security benefits
and railroad retirement benefits included in such
total pursuant to Sections 72(r) and 86 of the
Internal Revenue Code;
(M) With the exception of any amounts subtracted

under subparagraph (N), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a)(2) and 265(a)(2) of the Internal Revenue Code,
and all amounts of expenses allocable to interest and
disallowed as deductions by Section 265(a)(1) of the
Internal Revenue Code; and (ii) for taxable years
ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
Internal Revenue Code, plus, for taxable years ending
on or after December 31, 2011, Section 45G(e)(3) of
the Internal Revenue Code and, for taxable years
ending on or after December 31, 2008, any amount
included in gross income under Section 87 of the
Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section
250;
(N) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or Constitution
or by reason of the Constitution, treaties or statutes
of the United States; provided that, in the case of any
statute of this State that exempts income derived from
bonds or other obligations from the tax imposed under
this Act, the amount exempted shall be the interest
net of bond premium amortization;
(O) An amount equal to any contribution made to a

job training project established pursuant to the Tax
Increment Allocation Redevelopment Act;
(P) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code or of any itemized deduction
taken from adjusted gross income in the computation of
taxable income for restoration of substantial amounts
held under claim of right for the taxable year;
(Q) An amount equal to any amounts included in
such total, received by the taxpayer as an
acceleration in the payment of life, endowment or
annuity benefits in advance of the time they would
otherwise be payable as an indemnity for a terminal
illness;
(R) An amount equal to the amount of any federal or
State bonus paid to veterans of the Persian Gulf War;
(S) An amount, to the extent included in adjusted
gross income, equal to the amount of a contribution
made in the taxable year on behalf of the taxpayer to a
medical care savings account established under the
Medical Care Savings Account Act or the Medical Care
Savings Account Act of 2000 to the extent the
contribution is accepted by the account administrator
as provided in that Act;

(T) An amount, to the extent included in adjusted
gross income, equal to the amount of interest earned
in the taxable year on a medical care savings account
established under the Medical Care Savings Account Act
or the Medical Care Savings Account Act of 2000 on
behalf of the taxpayer, other than interest added
pursuant to item (D-5) of this paragraph (2);
(U) For one taxable year beginning on or after
January 1, 1994, an amount equal to the total amount of
tax imposed and paid under subsections (a) and (b) of
Section 201 of this Act on grant amounts received by
the taxpayer under the Nursing Home Grant Assistance
Act during the taxpayer's taxable years 1992 and 1993;
(V) Beginning with tax years ending on or after
December 31, 1995 and ending with tax years ending on
or before December 31, 2004, an amount equal to the
amount paid by a taxpayer who is a self-employed
taxpayer, a partner of a partnership, or a shareholder
in a Subchapter S corporation for health insurance or
long-term care insurance for that taxpayer or that
taxpayer's spouse or dependents, to the extent that
the amount paid for that health insurance or long-term
care insurance may be deducted under Section 213 of
the Internal Revenue Code, has not been deducted on
the federal income tax return of the taxpayer, and
does not exceed the taxable income attributable to

that taxpayer's income, self-employment income, or
Subchapter S corporation income; except that no
deduction shall be allowed under this item (V) if the
taxpayer is eligible to participate in any health
insurance or long-term care insurance plan of an
employer of the taxpayer or the taxpayer's spouse. The
amount of the health insurance and long-term care
insurance subtracted under this item (V) shall be
determined by multiplying total health insurance and
long-term care insurance premiums paid by the taxpayer
times a number that represents the fractional
percentage of eligible medical expenses under Section
213 of the Internal Revenue Code of 1986 not actually
deducted on the taxpayer's federal income tax return;
(W) For taxable years beginning on or after
January 1, 1998, all amounts included in the
taxpayer's federal gross income in the taxable year
from amounts converted from a regular IRA to a Roth
IRA. This paragraph is exempt from the provisions of
Section 250;
(X) For taxable year 1999 and thereafter, an
amount equal to the amount of any (i) distributions,
to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for racial
or religious reasons by Nazi Germany or any other Axis

regime or as an heir of the victim and (ii) items of
income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived
from or in any way related to assets stolen from,
hidden from, or otherwise lost to a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime immediately prior to,
during, and immediately after World War II, including,
but not limited to, interest on the proceeds
receivable as insurance under policies issued to a
victim of persecution for racial or religious reasons
by Nazi Germany or any other Axis regime by European
insurance companies immediately prior to and during
World War II; provided, however, this subtraction from
federal adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of and
the eligibility for any public assistance, benefit, or
similar entitlement is not affected by the inclusion
of items (i) and (ii) of this paragraph in gross income
for federal income tax purposes. This paragraph is

exempt from the provisions of Section 250;
(Y) For taxable years beginning on or after
January 1, 2002 and ending on or before December 31,
2004, moneys contributed in the taxable year to a
College Savings Pool account under Section 16.5 of the
State Treasurer Act, except that amounts excluded from
gross income under Section 529(c)(3)(C)(i) of the
Internal Revenue Code shall not be considered moneys
contributed under this subparagraph (Y). For taxable
years beginning on or after January 1, 2005, a maximum
of $10,000 contributed in the taxable year to (i) a
College Savings Pool account under Section 16.5 of the
State Treasurer Act or (ii) the Illinois Prepaid
Tuition Trust Fund, except that amounts excluded from
gross income under Section 529(c)(3)(C)(i) of the
Internal Revenue Code shall not be considered moneys
contributed under this subparagraph (Y). For purposes
of this subparagraph, contributions made by an
employer on behalf of an employee, or matching
contributions made by an employee, shall be treated as
made by the employee. This subparagraph (Y) is exempt
from the provisions of Section 250;
(Z) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal

Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not
including the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied
by 0.429);
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0;
(iii) for property on which a bonus
depreciation deduction of 100% of the adjusted

basis was taken in a taxable year ending on or
after December 31, 2021, "x" equals the
depreciation deduction that would be allowed
on that property if the taxpayer had made the
election under Section 168(k)(7) of the
Internal Revenue Code to not claim bonus
depreciation deprecation on that property; and
(iv) for property on which a bonus
depreciation deduction of a percentage other
than 30%, 50% or 100% of the adjusted basis
was taken in a taxable year ending on or after
December 31, 2021, "x" equals "y" multiplied
by 100 times the percentage bonus depreciation
on the property (that is, 100(bonus%)) and
then divided by 100 times 1 minus the
percentage bonus depreciation on the property
(that is, 100(1–bonus%)).
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (Z) is exempt from the provisions of
Section 250;
(AA) If the taxpayer sells, transfers, abandons,

or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-15), then
an amount equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which a
subtraction is allowed with respect to that property
under subparagraph (Z) and for which the taxpayer was
required in any taxable year to make an addition
modification under subparagraph (D-15), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction
under this subparagraph only once with respect to any
one piece of property.
This subparagraph (AA) is exempt from the
provisions of Section 250;
(BB) Any amount included in adjusted gross income,
other than salary, received by a driver in a
ridesharing arrangement using a motor vehicle;
(CC) The amount of (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction
with a taxpayer that is required to make an addition
modification with respect to such transaction under
Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed

the amount of that addition modification, and (ii) any
income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer
that is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of that
addition modification. This subparagraph (CC) is
exempt from the provisions of Section 250;
(DD) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be

made for the same taxable year under Section
203(a)(2)(D-17) for interest paid, accrued, or
incurred, directly or indirectly, to the same person.
This subparagraph (DD) is exempt from the provisions
of Section 250;
(EE) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be
made for the same taxable year under Section
203(a)(2)(D-18) for intangible expenses and costs
paid, accrued, or incurred, directly or indirectly, to
the same foreign person. This subparagraph (EE) is
exempt from the provisions of Section 250;

(FF) An amount equal to any amount awarded to the
taxpayer during the taxable year by the Court of
Claims under subsection (c) of Section 8 of the Court
of Claims Act for time unjustly served in a State
prison. This subparagraph (FF) is exempt from the
provisions of Section 250;
(GG) For taxable years ending on or after December
31, 2011, in the case of a taxpayer who was required to
add back any insurance premiums under Section
203(a)(2)(D-19), such taxpayer may elect to subtract
that part of a reimbursement received from the
insurance company equal to the amount of the expense
or loss (including expenses incurred by the insurance
company) that would have been taken into account as a
deduction for federal income tax purposes if the
expense or loss had been uninsured. If a taxpayer
makes the election provided for by this subparagraph
(GG), the insurer to which the premiums were paid must
add back to income the amount subtracted by the
taxpayer pursuant to this subparagraph (GG). This
subparagraph (GG) is exempt from the provisions of
Section 250; and
(HH) For taxable years beginning on or after
January 1, 2018 and prior to January 1, 2023, a maximum
of $10,000 contributed in the taxable year to a
qualified ABLE account under Section 16.6 of the State

Treasurer Act, except that amounts excluded from gross
income under Section 529(c)(3)(C)(i) or Section
529A(c)(1)(C) of the Internal Revenue Code shall not
be considered moneys contributed under this
subparagraph (HH). For purposes of this subparagraph
(HH), contributions made by an employer on behalf of
an employee, or matching contributions made by an
employee, shall be treated as made by the employee.
(b) Corporations.
(1) In general. In the case of a corporation, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest and all distributions
received from regulated investment companies during
the taxable year to the extent excluded from gross
income in the computation of taxable income;
(B) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income in
the computation of taxable income for the taxable
year;
(C) In the case of a regulated investment company,

an amount equal to the excess of (i) the net long-term
capital gain for the taxable year, over (ii) the
amount of the capital gain dividends designated as
such in accordance with Section 852(b)(3)(C) of the
Internal Revenue Code and any amount designated under
Section 852(b)(3)(D) of the Internal Revenue Code,
attributable to the taxable year (this amendatory Act
of 1995 (Public Act 89-89) is declarative of existing
law and is not a new enactment);
(D) The amount of any net operating loss deduction
taken in arriving at taxable income, other than a net
operating loss carried forward from a taxable year
ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications other
than those provided by this subparagraph (E) exceeded
subtraction modifications in such earlier taxable
year, with the following limitations applied in the
order that they are listed:
(i) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to

December 31, 1986 shall be reduced by the amount
of addition modification under this subparagraph
(E) which related to that net operating loss and
which was taken into account in calculating the
base income of an earlier taxable year, and
(ii) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall not exceed the amount of
such carryback or carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more
than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding provisions
of this subparagraph (E) for each such taxable year;
(E-5) For taxable years ending after December 31,
1997, an amount equal to any eligible remediation
costs that the corporation deducted in computing
adjusted gross income and for which the corporation
claims a credit under subsection (l) of Section 201;
(E-10) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of

the Internal Revenue Code;
(E-11) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (E-10), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (T) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which a
subtraction is allowed with respect to that property
under subparagraph (T) and for which the taxpayer was
allowed in any taxable year to make a subtraction
modification under subparagraph (T), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;
(E-12) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact the foreign person's business activity outside
the United States is 80% or more of the foreign

person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the
extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income pursuant to Sections 951
through 964 of the Internal Revenue Code and amounts
included in gross income under Section 78 of the
Internal Revenue Code) with respect to the stock of
the same person to whom the interest was paid,
accrued, or incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or

(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract
or agreement entered into at arm's-length rates
and terms and the principal purpose for the
payment is not federal or Illinois tax avoidance;
or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or

if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(E-13) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group

because he or she is ordinarily required to apportion
business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that
dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income pursuant to Sections 951 through 964 of the
Internal Revenue Code and amounts included in gross
income under Section 78 of the Internal Revenue Code)
with respect to the stock of the same person to whom
the intangible expenses and costs were directly or
indirectly paid, incurred, or accrued. The preceding
sentence shall not apply to the extent that the same
dividends caused a reduction to the addition
modification required under Section 203(b)(2)(E-12) of
this Act. As used in this subparagraph, the term
"intangible expenses and costs" includes (1) expenses,
losses, and costs for, or related to, the direct or
indirect acquisition, use, maintenance or management,
ownership, sale, exchange, or any other disposition of
intangible property; (2) losses incurred, directly or
indirectly, from factoring transactions or discounting
transactions; (3) royalty, patent, technical, and
copyright fees; (4) licensing fees; and (5) other

similar expenses and costs. For purposes of this
subparagraph, "intangible property" includes patents,
patent applications, trade names, trademarks, service
marks, copyrights, mask works, trade secrets, and
similar types of intangible assets.
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois

income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if
the taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an
alternative method of apportionment under Section
304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(E-14) For taxable years ending on or after
December 31, 2008, an amount equal to the amount of
insurance premium expenses and costs otherwise allowed
as a deduction in computing base income, and that were
paid, accrued, or incurred, directly or indirectly, to

a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the
stock of the same person to whom the premiums and costs
were directly or indirectly paid, incurred, or
accrued. The preceding sentence does not apply to the
extent that the same dividends caused a reduction to
the addition modification required under Section
203(b)(2)(E-12) or Section 203(b)(2)(E-13) of this
Act;
(E-15) For taxable years beginning after December
31, 2008, any deduction for dividends paid by a
captive real estate investment trust that is allowed
to a real estate investment trust under Section

857(b)(2)(B) of the Internal Revenue Code for
dividends paid;
(E-16) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;
(E-17) For taxable years ending on or after
December 31, 2017, an amount equal to the deduction
allowed under Section 199 of the Internal Revenue Code
for the taxable year;
(E-18) for taxable years beginning after December
31, 2018, an amount equal to the deduction allowed
under Section 250(a)(1)(A) of the Internal Revenue
Code for the taxable year;
(E-19) for taxable years ending on or after June
30, 2021, an amount equal to the deduction allowed
under Section 250(a)(1)(B)(i) of the Internal Revenue
Code for the taxable year;
(E-20) for taxable years ending on or after June
30, 2021, an amount equal to the deduction allowed
under Sections 243(e) and 245A(a) of the Internal
Revenue Code for the taxable year.
and by deducting from the total so obtained the sum of the
following amounts:
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer

and included in such total for the taxable year;
(G) An amount equal to any amount included in such
total under Section 78 of the Internal Revenue Code;
(H) In the case of a regulated investment company,
an amount equal to the amount of exempt interest
dividends as defined in subsection (b)(5) of Section
852 of the Internal Revenue Code, paid to shareholders
for the taxable year;
(I) With the exception of any amounts subtracted
under subparagraph (J), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a)(2) and 265(a)(2) and amounts disallowed as
interest expense by Section 291(a)(3) of the Internal
Revenue Code, and all amounts of expenses allocable to
interest and disallowed as deductions by Section
265(a)(1) of the Internal Revenue Code; and (ii) for
taxable years ending on or after August 13, 1999,
Sections 171(a)(2), 265, 280C, 291(a)(3), and
832(b)(5)(B)(i) of the Internal Revenue Code, plus,
for tax years ending on or after December 31, 2011,
amounts disallowed as deductions by Section 45G(e)(3)
of the Internal Revenue Code and, for taxable years
ending on or after December 31, 2008, any amount
included in gross income under Section 87 of the
Internal Revenue Code and the policyholders' share of
tax-exempt interest of a life insurance company under

Section 807(a)(2)(B) of the Internal Revenue Code (in
the case of a life insurance company with gross income
from a decrease in reserves for the tax year) or
Section 807(b)(1)(B) of the Internal Revenue Code (in
the case of a life insurance company allowed a
deduction for an increase in reserves for the tax
year); the provisions of this subparagraph are exempt
from the provisions of Section 250;
(J) An amount equal to all amounts included in
such total which are exempt from taxation by this
State either by reason of its statutes or Constitution
or by reason of the Constitution, treaties or statutes
of the United States; provided that, in the case of any
statute of this State that exempts income derived from
bonds or other obligations from the tax imposed under
this Act, the amount exempted shall be the interest
net of bond premium amortization;
(K) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in a River Edge
Redevelopment Zone or zones created under the River
Edge Redevelopment Zone Act and conducts substantially
all of its operations in a River Edge Redevelopment
Zone or zones. This subparagraph (K) is exempt from
the provisions of Section 250;
(L) An amount equal to those dividends included in

such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated
a High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (K) of paragraph 2 of this subsection
shall not be eligible for the deduction provided under
this subparagraph (L);
(M) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as interest
income from a loan or loans made by such taxpayer to a
borrower, to the extent that such a loan is secured by
property which is eligible for the River Edge
Redevelopment Zone Investment Credit. To determine the
portion of a loan or loans that is secured by property
eligible for a Section 201(f) investment credit to the
borrower, the entire principal amount of the loan or
loans between the taxpayer and the borrower should be
divided into the basis of the Section 201(f)
investment credit property which secures the loan or
loans, using for this purpose the original basis of
such property on the date that it was placed in service
in the River Edge Redevelopment Zone. The subtraction
modification available to the taxpayer in any year
under this subsection shall be that portion of the

total interest paid by the borrower with respect to
such loan attributable to the eligible property as
calculated under the previous sentence. This
subparagraph (M) is exempt from the provisions of
Section 250;
(M-1) For any taxpayer that is a financial
organization within the meaning of Section 304(c) of
this Act, an amount included in such total as interest
income from a loan or loans made by such taxpayer to a
borrower, to the extent that such a loan is secured by
property which is eligible for the High Impact
Business Investment Credit. To determine the portion
of a loan or loans that is secured by property eligible
for a Section 201(h) investment credit to the
borrower, the entire principal amount of the loan or
loans between the taxpayer and the borrower should be
divided into the basis of the Section 201(h)
investment credit property which secures the loan or
loans, using for this purpose the original basis of
such property on the date that it was placed in service
in a federally designated Foreign Trade Zone or
Sub-Zone located in Illinois. No taxpayer that is
eligible for the deduction provided in subparagraph
(M) of paragraph (2) of this subsection shall be
eligible for the deduction provided under this
subparagraph (M-1). The subtraction modification

available to taxpayers in any year under this
subsection shall be that portion of the total interest
paid by the borrower with respect to such loan
attributable to the eligible property as calculated
under the previous sentence;
(N) Two times any contribution made during the
taxable year to a designated zone organization to the
extent that the contribution (i) qualifies as a
charitable contribution under subsection (c) of
Section 170 of the Internal Revenue Code and (ii)
must, by its terms, be used for a project approved by
the Department of Commerce and Economic Opportunity
under Section 11 of the Illinois Enterprise Zone Act
or under Section 10-10 of the River Edge Redevelopment
Zone Act. This subparagraph (N) is exempt from the
provisions of Section 250;
(O) An amount equal to: (i) 85% for taxable years
ending on or before December 31, 1992, or, a
percentage equal to the percentage allowable under
Section 243(a)(1) of the Internal Revenue Code of 1986
for taxable years ending after December 31, 1992, of
the amount by which dividends included in taxable
income and received from a corporation that is not
created or organized under the laws of the United
States or any state or political subdivision thereof,
including, for taxable years ending on or after

December 31, 1988, dividends received or deemed
received or paid or deemed paid under Sections 951
through 965 of the Internal Revenue Code, exceed the
amount of the modification provided under subparagraph
(G) of paragraph (2) of this subsection (b) which is
related to such dividends, and including, for taxable
years ending on or after December 31, 2008, dividends
received from a captive real estate investment trust;
plus (ii) 100% of the amount by which dividends,
included in taxable income and received, including,
for taxable years ending on or after December 31,
1988, dividends received or deemed received or paid or
deemed paid under Sections 951 through 964 of the
Internal Revenue Code and including, for taxable years
ending on or after December 31, 2008, dividends
received from a captive real estate investment trust,
from any such corporation specified in clause (i) that
would but for the provisions of Section 1504(b)(3) of
the Internal Revenue Code be treated as a member of the
affiliated group which includes the dividend
recipient, exceed the amount of the modification
provided under subparagraph (G) of paragraph (2) of
this subsection (b) which is related to such
dividends. For taxable years ending on or after June
30, 2021, (i) for purposes of this subparagraph, the
term "dividend" does not include any amount treated as

a dividend under Section 1248 of the Internal Revenue
Code, and (ii) this subparagraph shall not apply to
dividends for which a deduction is allowed under
Section 245(a) of the Internal Revenue Code. This
subparagraph (O) is exempt from the provisions of
Section 250 of this Act;
(P) An amount equal to any contribution made to a
job training project established pursuant to the Tax
Increment Allocation Redevelopment Act;
(Q) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code;
(R) On and after July 20, 1999, in the case of an
attorney-in-fact with respect to whom an interinsurer
or a reciprocal insurer has made the election under
Section 835 of the Internal Revenue Code, 26 U.S.C.
835, an amount equal to the excess, if any, of the
amounts paid or incurred by that interinsurer or
reciprocal insurer in the taxable year to the
attorney-in-fact over the deduction allowed to that
interinsurer or reciprocal insurer with respect to the
attorney-in-fact under Section 835(b) of the Internal
Revenue Code for the taxable year; the provisions of
this subparagraph are exempt from the provisions of

Section 250;
(S) For taxable years ending on or after December
31, 1997, in the case of a Subchapter S corporation, an
amount equal to all amounts of income allocable to a
shareholder subject to the Personal Property Tax
Replacement Income Tax imposed by subsections (c) and
(d) of Section 201 of this Act, including amounts
allocable to organizations exempt from federal income
tax by reason of Section 501(a) of the Internal
Revenue Code. This subparagraph (S) is exempt from the
provisions of Section 250;
(T) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not
including the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30

and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied
by 0.429);
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0;
(iii) for property on which a bonus
depreciation deduction of 100% of the adjusted
basis was taken in a taxable year ending on or
after December 31, 2021, "x" equals the
depreciation deduction that would be allowed
on that property if the taxpayer had made the
election under Section 168(k)(7) of the
Internal Revenue Code to not claim bonus
depreciation deprecation on that property; and
(iv) for property on which a bonus
depreciation deduction of a percentage other
than 30%, 50% or 100% of the adjusted basis
was taken in a taxable year ending on or after

December 31, 2021, "x" equals "y" multiplied
by 100 times the percentage bonus depreciation
on the property (that is, 100(bonus%)) and
then divided by 100 times 1 minus the
percentage bonus depreciation on the property
(that is, 100(1–bonus%)).
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (T) is exempt from the provisions of
Section 250;
(U) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (E-10), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which a
subtraction is allowed with respect to that property
under subparagraph (T) and for which the taxpayer was
required in any taxable year to make an addition
modification under subparagraph (E-10), then an amount
equal to that addition modification.

The taxpayer is allowed to take the deduction
under this subparagraph only once with respect to any
one piece of property.
This subparagraph (U) is exempt from the
provisions of Section 250;
(V) The amount of: (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction
with a taxpayer that is required to make an addition
modification with respect to such transaction under
Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
the amount of such addition modification, (ii) any
income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer
that is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of such
addition modification, and (iii) any insurance premium
income (net of deductions allocable thereto) taken
into account for the taxable year with respect to a
transaction with a taxpayer that is required to make
an addition modification with respect to such
transaction under Section 203(a)(2)(D-19), Section

203(b)(2)(E-14), Section 203(c)(2)(G-14), or Section
203(d)(2)(D-9), but not to exceed the amount of that
addition modification. This subparagraph (V) is exempt
from the provisions of Section 250;
(W) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be
made for the same taxable year under Section
203(b)(2)(E-12) for interest paid, accrued, or
incurred, directly or indirectly, to the same person.
This subparagraph (W) is exempt from the provisions of
Section 250;
(X) An amount equal to the income from intangible

property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be
made for the same taxable year under Section
203(b)(2)(E-13) for intangible expenses and costs
paid, accrued, or incurred, directly or indirectly, to
the same foreign person. This subparagraph (X) is
exempt from the provisions of Section 250;
(Y) For taxable years ending on or after December
31, 2011, in the case of a taxpayer who was required to
add back any insurance premiums under Section
203(b)(2)(E-14), such taxpayer may elect to subtract
that part of a reimbursement received from the
insurance company equal to the amount of the expense

or loss (including expenses incurred by the insurance
company) that would have been taken into account as a
deduction for federal income tax purposes if the
expense or loss had been uninsured. If a taxpayer
makes the election provided for by this subparagraph
(Y), the insurer to which the premiums were paid must
add back to income the amount subtracted by the
taxpayer pursuant to this subparagraph (Y). This
subparagraph (Y) is exempt from the provisions of
Section 250; and
(Z) The difference between the nondeductible
controlled foreign corporation dividends under Section
965(e)(3) of the Internal Revenue Code over the
taxable income of the taxpayer, computed without
regard to Section 965(e)(2)(A) of the Internal Revenue
Code, and without regard to any net operating loss
deduction. This subparagraph (Z) is exempt from the
provisions of Section 250.
(3) Special rule. For purposes of paragraph (2)(A),
"gross income" in the case of a life insurance company,
for tax years ending on and after December 31, 1994, and
prior to December 31, 2011, shall mean the gross
investment income for the taxable year and, for tax years
ending on or after December 31, 2011, shall mean all
amounts included in life insurance gross income under
Section 803(a)(3) of the Internal Revenue Code.

(c) Trusts and estates.
(1) In general. In the case of a trust or estate, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. Subject to the provisions of
paragraph (3), the taxable income referred to in paragraph
(1) shall be modified by adding thereto the sum of the
following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest or dividends during the
taxable year to the extent excluded from gross income
in the computation of taxable income;
(B) In the case of (i) an estate, $600; (ii) a
trust which, under its governing instrument, is
required to distribute all of its income currently,
$300; and (iii) any other trust, $100, but in each such
case, only to the extent such amount was deducted in
the computation of taxable income;
(C) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income in
the computation of taxable income for the taxable
year;
(D) The amount of any net operating loss deduction
taken in arriving at taxable income, other than a net
operating loss carried forward from a taxable year

ending prior to December 31, 1986;
(E) For taxable years in which a net operating
loss carryback or carryforward from a taxable year
ending prior to December 31, 1986 is an element of
taxable income under paragraph (1) of subsection (e)
or subparagraph (E) of paragraph (2) of subsection
(e), the amount by which addition modifications other
than those provided by this subparagraph (E) exceeded
subtraction modifications in such taxable year, with
the following limitations applied in the order that
they are listed:
(i) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall be reduced by the amount
of addition modification under this subparagraph
(E) which related to that net operating loss and
which was taken into account in calculating the
base income of an earlier taxable year, and
(ii) the addition modification relating to the
net operating loss carried back or forward to the
taxable year from any taxable year ending prior to
December 31, 1986 shall not exceed the amount of
such carryback or carryforward;
For taxable years in which there is a net
operating loss carryback or carryforward from more

than one other taxable year ending prior to December
31, 1986, the addition modification provided in this
subparagraph (E) shall be the sum of the amounts
computed independently under the preceding provisions
of this subparagraph (E) for each such taxable year;
(F) For taxable years ending on or after January
1, 1989, an amount equal to the tax deducted pursuant
to Section 164 of the Internal Revenue Code if the
trust or estate is claiming the same tax for purposes
of the Illinois foreign tax credit under Section 601
of this Act;
(G) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the
computation of taxable income;
(G-5) For taxable years ending after December 31,
1997, an amount equal to any eligible remediation
costs that the trust or estate deducted in computing
adjusted gross income and for which the trust or
estate claims a credit under subsection (l) of Section
201;
(G-10) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of
the Internal Revenue Code; and

(G-11) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (G-10), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (R) with respect to that property.
If the taxpayer continues to own property through
the last day of the last tax year for which a
subtraction is allowed with respect to that property
under subparagraph (R) and for which the taxpayer was
allowed in any taxable year to make a subtraction
modification under subparagraph (R), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;
(G-12) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact that the foreign person's business activity
outside the United States is 80% or more of the foreign
person's total business activity and (ii) for taxable

years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the
extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income pursuant to Sections 951
through 964 of the Internal Revenue Code and amounts
included in gross income under Section 78 of the
Internal Revenue Code) with respect to the stock of
the same person to whom the interest was paid,
accrued, or incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or

incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the
interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract
or agreement entered into at arm's-length rates
and terms and the principal purpose for the
payment is not federal or Illinois tax avoidance;
or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing

to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(G-13) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group
because he or she is ordinarily required to apportion

business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that
dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income pursuant to Sections 951 through 964 of the
Internal Revenue Code and amounts included in gross
income under Section 78 of the Internal Revenue Code)
with respect to the stock of the same person to whom
the intangible expenses and costs were directly or
indirectly paid, incurred, or accrued. The preceding
sentence shall not apply to the extent that the same
dividends caused a reduction to the addition
modification required under Section 203(c)(2)(G-12) of
this Act. As used in this subparagraph, the term
"intangible expenses and costs" includes: (1)
expenses, losses, and costs for or related to the
direct or indirect acquisition, use, maintenance or
management, ownership, sale, exchange, or any other
disposition of intangible property; (2) losses
incurred, directly or indirectly, from factoring
transactions or discounting transactions; (3) royalty,
patent, technical, and copyright fees; (4) licensing
fees; and (5) other similar expenses and costs. For

purposes of this subparagraph, "intangible property"
includes patents, patent applications, trade names,
trademarks, service marks, copyrights, mask works,
trade secrets, and similar types of intangible assets.
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract

or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if
the taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in
writing to the application or use of an
alternative method of apportionment under Section
304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(G-14) For taxable years ending on or after
December 31, 2008, an amount equal to the amount of
insurance premium expenses and costs otherwise allowed
as a deduction in computing base income, and that were
paid, accrued, or incurred, directly or indirectly, to
a person who would be a member of the same unitary

business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the
same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the
stock of the same person to whom the premiums and costs
were directly or indirectly paid, incurred, or
accrued. The preceding sentence does not apply to the
extent that the same dividends caused a reduction to
the addition modification required under Section
203(c)(2)(G-12) or Section 203(c)(2)(G-13) of this
Act;
(G-15) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;
(G-16) For taxable years ending on or after

December 31, 2017, an amount equal to the deduction
allowed under Section 199 of the Internal Revenue Code
for the taxable year;
and by deducting from the total so obtained the sum of the
following amounts:
(H) An amount equal to all amounts included in
such total pursuant to the provisions of Sections
402(a), 402(c), 403(a), 403(b), 406(a), 407(a) and 408
of the Internal Revenue Code or included in such total
as distributions under the provisions of any
retirement or disability plan for employees of any
governmental agency or unit, or retirement payments to
retired partners, which payments are excluded in
computing net earnings from self employment by Section
1402 of the Internal Revenue Code and regulations
adopted pursuant thereto;
(I) The valuation limitation amount;
(J) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;
(K) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A), (B),
(C), (D), (E), (F) and (G) which are exempt from
taxation by this State either by reason of its
statutes or Constitution or by reason of the
Constitution, treaties or statutes of the United

States; provided that, in the case of any statute of
this State that exempts income derived from bonds or
other obligations from the tax imposed under this Act,
the amount exempted shall be the interest net of bond
premium amortization;
(L) With the exception of any amounts subtracted
under subparagraph (K), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a)(2) and 265(a)(2) of the Internal Revenue Code,
and all amounts of expenses allocable to interest and
disallowed as deductions by Section 265(a)(1) of the
Internal Revenue Code; and (ii) for taxable years
ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
Internal Revenue Code, plus, (iii) for taxable years
ending on or after December 31, 2011, Section
45G(e)(3) of the Internal Revenue Code and, for
taxable years ending on or after December 31, 2008,
any amount included in gross income under Section 87
of the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section
250;
(M) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in a River Edge
Redevelopment Zone or zones created under the River

Edge Redevelopment Zone Act and conducts substantially
all of its operations in a River Edge Redevelopment
Zone or zones. This subparagraph (M) is exempt from
the provisions of Section 250;
(N) An amount equal to any contribution made to a
job training project established pursuant to the Tax
Increment Allocation Redevelopment Act;
(O) An amount equal to those dividends included in
such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated
a High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (M) of paragraph (2) of this subsection
shall not be eligible for the deduction provided under
this subparagraph (O);
(P) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code;
(Q) For taxable year 1999 and thereafter, an
amount equal to the amount of any (i) distributions,
to the extent includible in gross income for federal
income tax purposes, made to the taxpayer because of
his or her status as a victim of persecution for racial

or religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim and (ii) items of
income, to the extent includible in gross income for
federal income tax purposes, attributable to, derived
from or in any way related to assets stolen from,
hidden from, or otherwise lost to a victim of
persecution for racial or religious reasons by Nazi
Germany or any other Axis regime immediately prior to,
during, and immediately after World War II, including,
but not limited to, interest on the proceeds
receivable as insurance under policies issued to a
victim of persecution for racial or religious reasons
by Nazi Germany or any other Axis regime by European
insurance companies immediately prior to and during
World War II; provided, however, this subtraction from
federal adjusted gross income does not apply to assets
acquired with such assets or with the proceeds from
the sale of such assets; provided, further, this
paragraph shall only apply to a taxpayer who was the
first recipient of such assets after their recovery
and who is a victim of persecution for racial or
religious reasons by Nazi Germany or any other Axis
regime or as an heir of the victim. The amount of and
the eligibility for any public assistance, benefit, or
similar entitlement is not affected by the inclusion
of items (i) and (ii) of this paragraph in gross income

for federal income tax purposes. This paragraph is
exempt from the provisions of Section 250;
(R) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was
taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not
including the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied
by 0.429);

(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0;
(iii) for property on which a bonus
depreciation deduction of 100% of the adjusted
basis was taken in a taxable year ending on or
after December 31, 2021, "x" equals the
depreciation deduction that would be allowed
on that property if the taxpayer had made the
election under Section 168(k)(7) of the
Internal Revenue Code to not claim bonus
depreciation deprecation on that property; and
(iv) for property on which a bonus
depreciation deduction of a percentage other
than 30%, 50% or 100% of the adjusted basis
was taken in a taxable year ending on or after
December 31, 2021, "x" equals "y" multiplied
by 100 times the percentage bonus depreciation
on the property (that is, 100(bonus%)) and
then divided by 100 times 1 minus the
percentage bonus depreciation on the property
(that is, 100(1–bonus%)).
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus

depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (R) is exempt from the provisions of
Section 250;
(S) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (G-10), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which a
subtraction is allowed with respect to that property
under subparagraph (R) and for which the taxpayer was
required in any taxable year to make an addition
modification under subparagraph (G-10), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction
under this subparagraph only once with respect to any
one piece of property.
This subparagraph (S) is exempt from the
provisions of Section 250;
(T) The amount of (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction
with a taxpayer that is required to make an addition

modification with respect to such transaction under
Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
the amount of such addition modification and (ii) any
income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer
that is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of such
addition modification. This subparagraph (T) is exempt
from the provisions of Section 250;
(U) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact the foreign person's business activity
outside the United States is 80% or more of that
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily

required to apportion business income under different
subsections of Section 304, but not to exceed the
addition modification required to be made for the same
taxable year under Section 203(c)(2)(G-12) for
interest paid, accrued, or incurred, directly or
indirectly, to the same person. This subparagraph (U)
is exempt from the provisions of Section 250;
(V) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be
made for the same taxable year under Section
203(c)(2)(G-13) for intangible expenses and costs
paid, accrued, or incurred, directly or indirectly, to

the same foreign person. This subparagraph (V) is
exempt from the provisions of Section 250;
(W) in the case of an estate, an amount equal to
all amounts included in such total pursuant to the
provisions of Section 111 of the Internal Revenue Code
as a recovery of items previously deducted by the
decedent from adjusted gross income in the computation
of taxable income. This subparagraph (W) is exempt
from Section 250;
(X) an amount equal to the refund included in such
total of any tax deducted for federal income tax
purposes, to the extent that deduction was added back
under subparagraph (F). This subparagraph (X) is
exempt from the provisions of Section 250;
(Y) For taxable years ending on or after December
31, 2011, in the case of a taxpayer who was required to
add back any insurance premiums under Section
203(c)(2)(G-14), such taxpayer may elect to subtract
that part of a reimbursement received from the
insurance company equal to the amount of the expense
or loss (including expenses incurred by the insurance
company) that would have been taken into account as a
deduction for federal income tax purposes if the
expense or loss had been uninsured. If a taxpayer
makes the election provided for by this subparagraph
(Y), the insurer to which the premiums were paid must

add back to income the amount subtracted by the
taxpayer pursuant to this subparagraph (Y). This
subparagraph (Y) is exempt from the provisions of
Section 250; and
(Z) For taxable years beginning after December 31,
2018 and before January 1, 2026, the amount of excess
business loss of the taxpayer disallowed as a
deduction by Section 461(l)(1)(B) of the Internal
Revenue Code.
(3) Limitation. The amount of any modification
otherwise required under this subsection shall, under
regulations prescribed by the Department, be adjusted by
any amounts included therein which were properly paid,
credited, or required to be distributed, or permanently
set aside for charitable purposes pursuant to Internal
Revenue Code Section 642(c) during the taxable year.
(d) Partnerships.
(1) In general. In the case of a partnership, base
income means an amount equal to the taxpayer's taxable
income for the taxable year as modified by paragraph (2).
(2) Modifications. The taxable income referred to in
paragraph (1) shall be modified by adding thereto the sum
of the following amounts:
(A) An amount equal to all amounts paid or accrued
to the taxpayer as interest or dividends during the

taxable year to the extent excluded from gross income
in the computation of taxable income;
(B) An amount equal to the amount of tax imposed by
this Act to the extent deducted from gross income for
the taxable year;
(C) The amount of deductions allowed to the
partnership pursuant to Section 707 (c) of the
Internal Revenue Code in calculating its taxable
income;
(D) An amount equal to the amount of the capital
gain deduction allowable under the Internal Revenue
Code, to the extent deducted from gross income in the
computation of taxable income;
(D-5) For taxable years 2001 and thereafter, an
amount equal to the bonus depreciation deduction taken
on the taxpayer's federal income tax return for the
taxable year under subsection (k) of Section 168 of
the Internal Revenue Code;
(D-6) If the taxpayer sells, transfers, abandons,
or otherwise disposes of property for which the
taxpayer was required in any taxable year to make an
addition modification under subparagraph (D-5), then
an amount equal to the aggregate amount of the
deductions taken in all taxable years under
subparagraph (O) with respect to that property.
If the taxpayer continues to own property through

the last day of the last tax year for which a
subtraction is allowed with respect to that property
under subparagraph (O) and for which the taxpayer was
allowed in any taxable year to make a subtraction
modification under subparagraph (O), then an amount
equal to that subtraction modification.
The taxpayer is required to make the addition
modification under this subparagraph only once with
respect to any one piece of property;
(D-7) An amount equal to the amount otherwise
allowed as a deduction in computing base income for
interest paid, accrued, or incurred, directly or
indirectly, (i) for taxable years ending on or after
December 31, 2004, to a foreign person who would be a
member of the same unitary business group but for the
fact the foreign person's business activity outside
the United States is 80% or more of the foreign
person's total business activity and (ii) for taxable
years ending on or after December 31, 2008, to a person
who would be a member of the same unitary business
group but for the fact that the person is prohibited
under Section 1501(a)(27) from being included in the
unitary business group because he or she is ordinarily
required to apportion business income under different
subsections of Section 304. The addition modification
required by this subparagraph shall be reduced to the

extent that dividends were included in base income of
the unitary group for the same taxable year and
received by the taxpayer or by a member of the
taxpayer's unitary business group (including amounts
included in gross income pursuant to Sections 951
through 964 of the Internal Revenue Code and amounts
included in gross income under Section 78 of the
Internal Revenue Code) with respect to the stock of
the same person to whom the interest was paid,
accrued, or incurred.
This paragraph shall not apply to the following:
(i) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person who
is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such interest; or
(ii) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer can establish, based on a
preponderance of the evidence, both of the
following:
(a) the person, during the same taxable
year, paid, accrued, or incurred, the interest
to a person that is not a related member, and
(b) the transaction giving rise to the

interest expense between the taxpayer and the
person did not have as a principal purpose the
avoidance of Illinois income tax, and is paid
pursuant to a contract or agreement that
reflects an arm's-length interest rate and
terms; or
(iii) the taxpayer can establish, based on
clear and convincing evidence, that the interest
paid, accrued, or incurred relates to a contract
or agreement entered into at arm's-length rates
and terms and the principal purpose for the
payment is not federal or Illinois tax avoidance;
or
(iv) an item of interest paid, accrued, or
incurred, directly or indirectly, to a person if
the taxpayer establishes by clear and convincing
evidence that the adjustments are unreasonable; or
if the taxpayer and the Director agree in writing
to the application or use of an alternative method
of apportionment under Section 304(f).
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the

Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act; and
(D-8) An amount equal to the amount of intangible
expenses and costs otherwise allowed as a deduction in
computing base income, and that were paid, accrued, or
incurred, directly or indirectly, (i) for taxable
years ending on or after December 31, 2004, to a
foreign person who would be a member of the same
unitary business group but for the fact that the
foreign person's business activity outside the United
States is 80% or more of that person's total business
activity and (ii) for taxable years ending on or after
December 31, 2008, to a person who would be a member of
the same unitary business group but for the fact that
the person is prohibited under Section 1501(a)(27)
from being included in the unitary business group
because he or she is ordinarily required to apportion
business income under different subsections of Section
304. The addition modification required by this
subparagraph shall be reduced to the extent that
dividends were included in base income of the unitary
group for the same taxable year and received by the
taxpayer or by a member of the taxpayer's unitary
business group (including amounts included in gross
income pursuant to Sections 951 through 964 of the

Internal Revenue Code and amounts included in gross
income under Section 78 of the Internal Revenue Code)
with respect to the stock of the same person to whom
the intangible expenses and costs were directly or
indirectly paid, incurred or accrued. The preceding
sentence shall not apply to the extent that the same
dividends caused a reduction to the addition
modification required under Section 203(d)(2)(D-7) of
this Act. As used in this subparagraph, the term
"intangible expenses and costs" includes (1) expenses,
losses, and costs for, or related to, the direct or
indirect acquisition, use, maintenance or management,
ownership, sale, exchange, or any other disposition of
intangible property; (2) losses incurred, directly or
indirectly, from factoring transactions or discounting
transactions; (3) royalty, patent, technical, and
copyright fees; (4) licensing fees; and (5) other
similar expenses and costs. For purposes of this
subparagraph, "intangible property" includes patents,
patent applications, trade names, trademarks, service
marks, copyrights, mask works, trade secrets, and
similar types of intangible assets;
This paragraph shall not apply to the following:
(i) any item of intangible expenses or costs
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person who

is subject in a foreign country or state, other
than a state which requires mandatory unitary
reporting, to a tax on or measured by net income
with respect to such item; or
(ii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, if the taxpayer can establish, based
on a preponderance of the evidence, both of the
following:
(a) the person during the same taxable
year paid, accrued, or incurred, the
intangible expense or cost to a person that is
not a related member, and
(b) the transaction giving rise to the
intangible expense or cost between the
taxpayer and the person did not have as a
principal purpose the avoidance of Illinois
income tax, and is paid pursuant to a contract
or agreement that reflects arm's-length terms;
or
(iii) any item of intangible expense or cost
paid, accrued, or incurred, directly or
indirectly, from a transaction with a person if
the taxpayer establishes by clear and convincing
evidence, that the adjustments are unreasonable;
or if the taxpayer and the Director agree in

writing to the application or use of an
alternative method of apportionment under Section
304(f);
Nothing in this subsection shall preclude the
Director from making any other adjustment
otherwise allowed under Section 404 of this Act
for any tax year beginning after the effective
date of this amendment provided such adjustment is
made pursuant to regulation adopted by the
Department and such regulations provide methods
and standards by which the Department will utilize
its authority under Section 404 of this Act;
(D-9) For taxable years ending on or after
December 31, 2008, an amount equal to the amount of
insurance premium expenses and costs otherwise allowed
as a deduction in computing base income, and that were
paid, accrued, or incurred, directly or indirectly, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304. The
addition modification required by this subparagraph
shall be reduced to the extent that dividends were
included in base income of the unitary group for the

same taxable year and received by the taxpayer or by a
member of the taxpayer's unitary business group
(including amounts included in gross income under
Sections 951 through 964 of the Internal Revenue Code
and amounts included in gross income under Section 78
of the Internal Revenue Code) with respect to the
stock of the same person to whom the premiums and costs
were directly or indirectly paid, incurred, or
accrued. The preceding sentence does not apply to the
extent that the same dividends caused a reduction to
the addition modification required under Section
203(d)(2)(D-7) or Section 203(d)(2)(D-8) of this Act;
(D-10) An amount equal to the credit allowable to
the taxpayer under Section 218(a) of this Act,
determined without regard to Section 218(c) of this
Act;
(D-11) For taxable years ending on or after
December 31, 2017, an amount equal to the deduction
allowed under Section 199 of the Internal Revenue Code
for the taxable year;
and by deducting from the total so obtained the following
amounts:
(E) The valuation limitation amount;
(F) An amount equal to the amount of any tax
imposed by this Act which was refunded to the taxpayer
and included in such total for the taxable year;

(G) An amount equal to all amounts included in
taxable income as modified by subparagraphs (A), (B),
(C) and (D) which are exempt from taxation by this
State either by reason of its statutes or Constitution
or by reason of the Constitution, treaties or statutes
of the United States; provided that, in the case of any
statute of this State that exempts income derived from
bonds or other obligations from the tax imposed under
this Act, the amount exempted shall be the interest
net of bond premium amortization;
(H) Any income of the partnership which
constitutes personal service income as defined in
Section 1348(b)(1) of the Internal Revenue Code (as in
effect December 31, 1981) or a reasonable allowance
for compensation paid or accrued for services rendered
by partners to the partnership, whichever is greater;
this subparagraph (H) is exempt from the provisions of
Section 250;
(I) An amount equal to all amounts of income
distributable to an entity subject to the Personal
Property Tax Replacement Income Tax imposed by
subsections (c) and (d) of Section 201 of this Act
including amounts distributable to organizations
exempt from federal income tax by reason of Section
501(a) of the Internal Revenue Code; this subparagraph
(I) is exempt from the provisions of Section 250;

(J) With the exception of any amounts subtracted
under subparagraph (G), an amount equal to the sum of
all amounts disallowed as deductions by (i) Sections
171(a)(2) and 265(a)(2) of the Internal Revenue Code,
and all amounts of expenses allocable to interest and
disallowed as deductions by Section 265(a)(1) of the
Internal Revenue Code; and (ii) for taxable years
ending on or after August 13, 1999, Sections
171(a)(2), 265, 280C, and 832(b)(5)(B)(i) of the
Internal Revenue Code, plus, (iii) for taxable years
ending on or after December 31, 2011, Section
45G(e)(3) of the Internal Revenue Code and, for
taxable years ending on or after December 31, 2008,
any amount included in gross income under Section 87
of the Internal Revenue Code; the provisions of this
subparagraph are exempt from the provisions of Section
250;
(K) An amount equal to those dividends included in
such total which were paid by a corporation which
conducts business operations in a River Edge
Redevelopment Zone or zones created under the River
Edge Redevelopment Zone Act and conducts substantially
all of its operations from a River Edge Redevelopment
Zone or zones. This subparagraph (K) is exempt from
the provisions of Section 250;
(L) An amount equal to any contribution made to a

job training project established pursuant to the Real
Property Tax Increment Allocation Redevelopment Act;
(M) An amount equal to those dividends included in
such total that were paid by a corporation that
conducts business operations in a federally designated
Foreign Trade Zone or Sub-Zone and that is designated
a High Impact Business located in Illinois; provided
that dividends eligible for the deduction provided in
subparagraph (K) of paragraph (2) of this subsection
shall not be eligible for the deduction provided under
this subparagraph (M);
(N) An amount equal to the amount of the deduction
used to compute the federal income tax credit for
restoration of substantial amounts held under claim of
right for the taxable year pursuant to Section 1341 of
the Internal Revenue Code;
(O) For taxable years 2001 and thereafter, for the
taxable year in which the bonus depreciation deduction
is taken on the taxpayer's federal income tax return
under subsection (k) of Section 168 of the Internal
Revenue Code and for each applicable taxable year
thereafter, an amount equal to "x", where:
(1) "y" equals the amount of the depreciation
deduction taken for the taxable year on the
taxpayer's federal income tax return on property
for which the bonus depreciation deduction was

taken in any year under subsection (k) of Section
168 of the Internal Revenue Code, but not
including the bonus depreciation deduction;
(2) for taxable years ending on or before
December 31, 2005, "x" equals "y" multiplied by 30
and then divided by 70 (or "y" multiplied by
0.429); and
(3) for taxable years ending after December
31, 2005:
(i) for property on which a bonus
depreciation deduction of 30% of the adjusted
basis was taken, "x" equals "y" multiplied by
30 and then divided by 70 (or "y" multiplied
by 0.429);
(ii) for property on which a bonus
depreciation deduction of 50% of the adjusted
basis was taken, "x" equals "y" multiplied by
1.0;
(iii) for property on which a bonus
depreciation deduction of 100% of the adjusted
basis was taken in a taxable year ending on or
after December 31, 2021, "x" equals the
depreciation deduction that would be allowed
on that property if the taxpayer had made the
election under Section 168(k)(7) of the
Internal Revenue Code to not claim bonus

depreciation deprecation on that property; and
(iv) for property on which a bonus
depreciation deduction of a percentage other
than 30%, 50% or 100% of the adjusted basis
was taken in a taxable year ending on or after
December 31, 2021, "x" equals "y" multiplied
by 100 times the percentage bonus depreciation
on the property (that is, 100(bonus%)) and
then divided by 100 times 1 minus the
percentage bonus depreciation on the property
(that is, 100(1–bonus%)).
The aggregate amount deducted under this
subparagraph in all taxable years for any one piece of
property may not exceed the amount of the bonus
depreciation deduction taken on that property on the
taxpayer's federal income tax return under subsection
(k) of Section 168 of the Internal Revenue Code. This
subparagraph (O) is exempt from the provisions of
Section 250;
(P) If the taxpayer sells, transfers, abandons, or
otherwise disposes of property for which the taxpayer
was required in any taxable year to make an addition
modification under subparagraph (D-5), then an amount
equal to that addition modification.
If the taxpayer continues to own property through
the last day of the last tax year for which a

subtraction is allowed with respect to that property
under subparagraph (O) and for which the taxpayer was
required in any taxable year to make an addition
modification under subparagraph (D-5), then an amount
equal to that addition modification.
The taxpayer is allowed to take the deduction
under this subparagraph only once with respect to any
one piece of property.
This subparagraph (P) is exempt from the
provisions of Section 250;
(Q) The amount of (i) any interest income (net of
the deductions allocable thereto) taken into account
for the taxable year with respect to a transaction
with a taxpayer that is required to make an addition
modification with respect to such transaction under
Section 203(a)(2)(D-17), 203(b)(2)(E-12),
203(c)(2)(G-12), or 203(d)(2)(D-7), but not to exceed
the amount of such addition modification and (ii) any
income from intangible property (net of the deductions
allocable thereto) taken into account for the taxable
year with respect to a transaction with a taxpayer
that is required to make an addition modification with
respect to such transaction under Section
203(a)(2)(D-18), 203(b)(2)(E-13), 203(c)(2)(G-13), or
203(d)(2)(D-8), but not to exceed the amount of such
addition modification. This subparagraph (Q) is exempt

from Section 250;
(R) An amount equal to the interest income taken
into account for the taxable year (net of the
deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but
for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be
made for the same taxable year under Section
203(d)(2)(D-7) for interest paid, accrued, or
incurred, directly or indirectly, to the same person.
This subparagraph (R) is exempt from Section 250;
(S) An amount equal to the income from intangible
property taken into account for the taxable year (net
of the deductions allocable thereto) with respect to
transactions with (i) a foreign person who would be a
member of the taxpayer's unitary business group but

for the fact that the foreign person's business
activity outside the United States is 80% or more of
that person's total business activity and (ii) for
taxable years ending on or after December 31, 2008, to
a person who would be a member of the same unitary
business group but for the fact that the person is
prohibited under Section 1501(a)(27) from being
included in the unitary business group because he or
she is ordinarily required to apportion business
income under different subsections of Section 304, but
not to exceed the addition modification required to be
made for the same taxable year under Section
203(d)(2)(D-8) for intangible expenses and costs paid,
accrued, or incurred, directly or indirectly, to the
same person. This subparagraph (S) is exempt from
Section 250; and
(T) For taxable years ending on or after December
31, 2011, in the case of a taxpayer who was required to
add back any insurance premiums under Section
203(d)(2)(D-9), such taxpayer may elect to subtract
that part of a reimbursement received from the
insurance company equal to the amount of the expense
or loss (including expenses incurred by the insurance
company) that would have been taken into account as a
deduction for federal income tax purposes if the
expense or loss had been uninsured. If a taxpayer

makes the election provided for by this subparagraph
(T), the insurer to which the premiums were paid must
add back to income the amount subtracted by the
taxpayer pursuant to this subparagraph (T). This
subparagraph (T) is exempt from the provisions of
Section 250.
(e) Gross income; adjusted gross income; taxable income.
(1) In general. Subject to the provisions of paragraph
(2) and subsection (b)(3), for purposes of this Section
and Section 803(e), a taxpayer's gross income, adjusted
gross income, or taxable income for the taxable year shall
mean the amount of gross income, adjusted gross income or
taxable income properly reportable for federal income tax
purposes for the taxable year under the provisions of the
Internal Revenue Code. Taxable income may be less than
zero. However, for taxable years ending on or after
December 31, 1986, net operating loss carryforwards from
taxable years ending prior to December 31, 1986, may not
exceed the sum of federal taxable income for the taxable
year before net operating loss deduction, plus the excess
of addition modifications over subtraction modifications
for the taxable year. For taxable years ending prior to
December 31, 1986, taxable income may never be an amount
in excess of the net operating loss for the taxable year as
defined in subsections (c) and (d) of Section 172 of the

Internal Revenue Code, provided that when taxable income
of a corporation (other than a Subchapter S corporation),
trust, or estate is less than zero and addition
modifications, other than those provided by subparagraph
(E) of paragraph (2) of subsection (b) for corporations or
subparagraph (E) of paragraph (2) of subsection (c) for
trusts and estates, exceed subtraction modifications, an
addition modification must be made under those
subparagraphs for any other taxable year to which the
taxable income less than zero (net operating loss) is
applied under Section 172 of the Internal Revenue Code or
under subparagraph (E) of paragraph (2) of this subsection
(e) applied in conjunction with Section 172 of the
Internal Revenue Code.
(2) Special rule. For purposes of paragraph (1) of
this subsection, the taxable income properly reportable
for federal income tax purposes shall mean:
(A) Certain life insurance companies. In the case
of a life insurance company subject to the tax imposed
by Section 801 of the Internal Revenue Code, life
insurance company taxable income, plus the amount of
distribution from pre-1984 policyholder surplus
accounts as calculated under Section 815a of the
Internal Revenue Code;
(B) Certain other insurance companies. In the case
of mutual insurance companies subject to the tax

imposed by Section 831 of the Internal Revenue Code,
insurance company taxable income;
(C) Regulated investment companies. In the case of
a regulated investment company subject to the tax
imposed by Section 852 of the Internal Revenue Code,
investment company taxable income;
(D) Real estate investment trusts. In the case of
a real estate investment trust subject to the tax
imposed by Section 857 of the Internal Revenue Code,
real estate investment trust taxable income;
(E) Consolidated corporations. In the case of a
corporation which is a member of an affiliated group
of corporations filing a consolidated income tax
return for the taxable year for federal income tax
purposes, taxable income determined as if such
corporation had filed a separate return for federal
income tax purposes for the taxable year and each
preceding taxable year for which it was a member of an
affiliated group. For purposes of this subparagraph,
the taxpayer's separate taxable income shall be
determined as if the election provided by Section
243(b)(2) of the Internal Revenue Code had been in
effect for all such years;
(F) Cooperatives. In the case of a cooperative
corporation or association, the taxable income of such
organization determined in accordance with the

provisions of Section 1381 through 1388 of the
Internal Revenue Code, but without regard to the
prohibition against offsetting losses from patronage
activities against income from nonpatronage
activities; except that a cooperative corporation or
association may make an election to follow its federal
income tax treatment of patronage losses and
nonpatronage losses. In the event such election is
made, such losses shall be computed and carried over
in a manner consistent with subsection (a) of Section
207 of this Act and apportioned by the apportionment
factor reported by the cooperative on its Illinois
income tax return filed for the taxable year in which
the losses are incurred. The election shall be
effective for all taxable years with original returns
due on or after the date of the election. In addition,
the cooperative may file an amended return or returns,
as allowed under this Act, to provide that the
election shall be effective for losses incurred or
carried forward for taxable years occurring prior to
the date of the election. Once made, the election may
only be revoked upon approval of the Director. The
Department shall adopt rules setting forth
requirements for documenting the elections and any
resulting Illinois net loss and the standards to be
used by the Director in evaluating requests to revoke

elections. Public Act 96-932 is declaratory of
existing law;
(G) Subchapter S corporations. In the case of: (i)
a Subchapter S corporation for which there is in
effect an election for the taxable year under Section
1362 of the Internal Revenue Code, the taxable income
of such corporation determined in accordance with
Section 1363(b) of the Internal Revenue Code, except
that taxable income shall take into account those
items which are required by Section 1363(b)(1) of the
Internal Revenue Code to be separately stated; and
(ii) a Subchapter S corporation for which there is in
effect a federal election to opt out of the provisions
of the Subchapter S Revision Act of 1982 and have
applied instead the prior federal Subchapter S rules
as in effect on July 1, 1982, the taxable income of
such corporation determined in accordance with the
federal Subchapter S rules as in effect on July 1,
1982; and
(H) Partnerships. In the case of a partnership,
taxable income determined in accordance with Section
703 of the Internal Revenue Code, except that taxable
income shall take into account those items which are
required by Section 703(a)(1) to be separately stated
but which would be taken into account by an individual
in calculating his taxable income.

(3) Recapture of business expenses on disposition of
asset or business. Notwithstanding any other law to the
contrary, if in prior years income from an asset or
business has been classified as business income and in a
later year is demonstrated to be non-business income, then
all expenses, without limitation, deducted in such later
year and in the 2 immediately preceding taxable years
related to that asset or business that generated the
non-business income shall be added back and recaptured as
business income in the year of the disposition of the
asset or business. Such amount shall be apportioned to
Illinois using the greater of the apportionment fraction
computed for the business under Section 304 of this Act
for the taxable year or the average of the apportionment
fractions computed for the business under Section 304 of
this Act for the taxable year and for the 2 immediately
preceding taxable years.
(f) Valuation limitation amount.
(1) In general. The valuation limitation amount
referred to in subsections (a)(2)(G), (c)(2)(I) and
(d)(2)(E) is an amount equal to:
(A) The sum of the pre-August 1, 1969 appreciation
amounts (to the extent consisting of gain reportable
under the provisions of Section 1245 or 1250 of the
Internal Revenue Code) for all property in respect of

which such gain was reported for the taxable year;
plus
(B) The lesser of (i) the sum of the pre-August 1,
1969 appreciation amounts (to the extent consisting of
capital gain) for all property in respect of which
such gain was reported for federal income tax purposes
for the taxable year, or (ii) the net capital gain for
the taxable year, reduced in either case by any amount
of such gain included in the amount determined under
subsection (a)(2)(F) or (c)(2)(H).
(2) Pre-August 1, 1969 appreciation amount.
(A) If the fair market value of property referred
to in paragraph (1) was readily ascertainable on
August 1, 1969, the pre-August 1, 1969 appreciation
amount for such property is the lesser of (i) the
excess of such fair market value over the taxpayer's
basis (for determining gain) for such property on that
date (determined under the Internal Revenue Code as in
effect on that date), or (ii) the total gain realized
and reportable for federal income tax purposes in
respect of the sale, exchange or other disposition of
such property.
(B) If the fair market value of property referred
to in paragraph (1) was not readily ascertainable on
August 1, 1969, the pre-August 1, 1969 appreciation
amount for such property is that amount which bears

the same ratio to the total gain reported in respect of
the property for federal income tax purposes for the
taxable year, as the number of full calendar months in
that part of the taxpayer's holding period for the
property ending July 31, 1969 bears to the number of
full calendar months in the taxpayer's entire holding
period for the property.
(C) The Department shall prescribe such
regulations as may be necessary to carry out the
purposes of this paragraph.
(g) Double deductions. Unless specifically provided
otherwise, nothing in this Section shall permit the same item
to be deducted more than once.
(h) Legislative intention. Except as expressly provided by
this Section there shall be no modifications or limitations on
the amounts of income, gain, loss or deduction taken into
account in determining gross income, adjusted gross income or
taxable income for federal income tax purposes for the taxable
year, or in the amount of such items entering into the
computation of base income and net income under this Act for
such taxable year, whether in respect of property values as of
August 1, 1969 or otherwise.
(Source: P.A. 101-9, eff. 6-5-19; 101-81, eff. 7-12-19;
102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, eff.

8-27-21; revised 10-14-21.)
(35 ILCS 5/901)
Sec. 901. Collection authority.
(a) In general. The Department shall collect the taxes
imposed by this Act. The Department shall collect certified
past due child support amounts under Section 2505-650 of the
Department of Revenue Law of the Civil Administrative Code of
Illinois. Except as provided in subsections (b), (c), (e),
(f), (g), and (h) of this Section, money collected pursuant to
subsections (a) and (b) of Section 201 of this Act shall be
paid into the General Revenue Fund in the State treasury;
money collected pursuant to subsections (c) and (d) of Section
201 of this Act shall be paid into the Personal Property Tax
Replacement Fund, a special fund in the State Treasury; and
money collected under Section 2505-650 of the Department of
Revenue Law of the Civil Administrative Code of Illinois shall
be paid into the Child Support Enforcement Trust Fund, a
special fund outside the State Treasury, or to the State
Disbursement Unit established under Section 10-26 of the
Illinois Public Aid Code, as directed by the Department of
Healthcare and Family Services.
(b) Local Government Distributive Fund. Beginning August
1, 2017, the Treasurer shall transfer each month from the
General Revenue Fund to the Local Government Distributive Fund
an amount equal to the sum of: (i) 6.06% (10% of the ratio of

the 3% individual income tax rate prior to 2011 to the 4.95%
individual income tax rate after July 1, 2017) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon individuals, trusts, and
estates during the preceding month; (ii) 6.85% (10% of the
ratio of the 4.8% corporate income tax rate prior to 2011 to
the 7% corporate income tax rate after July 1, 2017) of the net
revenue realized from the tax imposed by subsections (a) and
(b) of Section 201 of this Act upon corporations during the
preceding month; and (iii) beginning February 1, 2022, 6.06%
of the net revenue realized from the tax imposed by subsection
(p) of Section 201 of this Act upon electing pass-through
entities. Net revenue realized for a month shall be defined as
the revenue from the tax imposed by subsections (a) and (b) of
Section 201 of this Act which is deposited in the General
Revenue Fund, the Education Assistance Fund, the Income Tax
Surcharge Local Government Distributive Fund, the Fund for the
Advancement of Education, and the Commitment to Human Services
Fund during the month minus the amount paid out of the General
Revenue Fund in State warrants during that same month as
refunds to taxpayers for overpayment of liability under the
tax imposed by subsections (a) and (b) of Section 201 of this
Act.
Notwithstanding any provision of law to the contrary,
beginning on July 6, 2017 (the effective date of Public Act
100-23), those amounts required under this subsection (b) to

be transferred by the Treasurer into the Local Government
Distributive Fund from the General Revenue Fund shall be
directly deposited into the Local Government Distributive Fund
as the revenue is realized from the tax imposed by subsections
(a) and (b) of Section 201 of this Act.
(c) Deposits Into Income Tax Refund Fund.
(1) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(1), (2), and
(3) of Section 201 of this Act into a fund in the State
treasury known as the Income Tax Refund Fund. Beginning
with State fiscal year 1990 and for each fiscal year
thereafter, the percentage deposited into the Income Tax
Refund Fund during a fiscal year shall be the Annual
Percentage. For fiscal year 2011, the Annual Percentage
shall be 8.75%. For fiscal year 2012, the Annual
Percentage shall be 8.75%. For fiscal year 2013, the
Annual Percentage shall be 9.75%. For fiscal year 2014,
the Annual Percentage shall be 9.5%. For fiscal year 2015,
the Annual Percentage shall be 10%. For fiscal year 2018,
the Annual Percentage shall be 9.8%. For fiscal year 2019,
the Annual Percentage shall be 9.7%. For fiscal year 2020,
the Annual Percentage shall be 9.5%. For fiscal year 2021,
the Annual Percentage shall be 9%. For fiscal year 2022,
the Annual Percentage shall be 9.25%. For all other fiscal
years, the Annual Percentage shall be calculated as a

fraction, the numerator of which shall be the amount of
refunds approved for payment by the Department during the
preceding fiscal year as a result of overpayment of tax
liability under subsections (a) and (b)(1), (2), and (3)
of Section 201 of this Act plus the amount of such refunds
remaining approved but unpaid at the end of the preceding
fiscal year, minus the amounts transferred into the Income
Tax Refund Fund from the Tobacco Settlement Recovery Fund,
and the denominator of which shall be the amounts which
will be collected pursuant to subsections (a) and (b)(1),
(2), and (3) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 7.6%.
The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for
which it is to be effective.
(2) Beginning on January 1, 1989 and thereafter, the
Department shall deposit a percentage of the amounts
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act into a fund in
the State treasury known as the Income Tax Refund Fund.
Beginning with State fiscal year 1990 and for each fiscal
year thereafter, the percentage deposited into the Income
Tax Refund Fund during a fiscal year shall be the Annual
Percentage. For fiscal year 2011, the Annual Percentage

shall be 17.5%. For fiscal year 2012, the Annual
Percentage shall be 17.5%. For fiscal year 2013, the
Annual Percentage shall be 14%. For fiscal year 2014, the
Annual Percentage shall be 13.4%. For fiscal year 2015,
the Annual Percentage shall be 14%. For fiscal year 2018,
the Annual Percentage shall be 17.5%. For fiscal year
2019, the Annual Percentage shall be 15.5%. For fiscal
year 2020, the Annual Percentage shall be 14.25%. For
fiscal year 2021, the Annual Percentage shall be 14%. For
fiscal year 2022, the Annual Percentage shall be 15%. For
all other fiscal years, the Annual Percentage shall be
calculated as a fraction, the numerator of which shall be
the amount of refunds approved for payment by the
Department during the preceding fiscal year as a result of
overpayment of tax liability under subsections (a) and
(b)(6), (7), and (8), (c) and (d) of Section 201 of this
Act plus the amount of such refunds remaining approved but
unpaid at the end of the preceding fiscal year, and the
denominator of which shall be the amounts which will be
collected pursuant to subsections (a) and (b)(6), (7), and
(8), (c) and (d) of Section 201 of this Act during the
preceding fiscal year; except that in State fiscal year
2002, the Annual Percentage shall in no event exceed 23%.
The Director of Revenue shall certify the Annual
Percentage to the Comptroller on the last business day of
the fiscal year immediately preceding the fiscal year for

which it is to be effective.
(3) The Comptroller shall order transferred and the
Treasurer shall transfer from the Tobacco Settlement
Recovery Fund to the Income Tax Refund Fund (i)
$35,000,000 in January, 2001, (ii) $35,000,000 in January,
2002, and (iii) $35,000,000 in January, 2003.
(d) Expenditures from Income Tax Refund Fund.
(1) Beginning January 1, 1989, money in the Income Tax
Refund Fund shall be expended exclusively for the purpose
of paying refunds resulting from overpayment of tax
liability under Section 201 of this Act and for making
transfers pursuant to this subsection (d).
(2) The Director shall order payment of refunds
resulting from overpayment of tax liability under Section
201 of this Act from the Income Tax Refund Fund only to the
extent that amounts collected pursuant to Section 201 of
this Act and transfers pursuant to this subsection (d) and
item (3) of subsection (c) have been deposited and
retained in the Fund.
(3) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Income Tax Refund Fund to the Personal Property Tax
Replacement Fund an amount, certified by the Director to
the Comptroller, equal to the excess of the amount
collected pursuant to subsections (c) and (d) of Section

201 of this Act deposited into the Income Tax Refund Fund
during the fiscal year over the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year.
(4) As soon as possible after the end of each fiscal
year, the Director shall order transferred and the State
Treasurer and State Comptroller shall transfer from the
Personal Property Tax Replacement Fund to the Income Tax
Refund Fund an amount, certified by the Director to the
Comptroller, equal to the excess of the amount of refunds
resulting from overpayment of tax liability under
subsections (c) and (d) of Section 201 of this Act paid
from the Income Tax Refund Fund during the fiscal year
over the amount collected pursuant to subsections (c) and
(d) of Section 201 of this Act deposited into the Income
Tax Refund Fund during the fiscal year.
(4.5) As soon as possible after the end of fiscal year
1999 and of each fiscal year thereafter, the Director
shall order transferred and the State Treasurer and State
Comptroller shall transfer from the Income Tax Refund Fund
to the General Revenue Fund any surplus remaining in the
Income Tax Refund Fund as of the end of such fiscal year;
excluding for fiscal years 2000, 2001, and 2002 amounts
attributable to transfers under item (3) of subsection (c)
less refunds resulting from the earned income tax credit.

(5) This Act shall constitute an irrevocable and
continuing appropriation from the Income Tax Refund Fund
for the purpose of paying refunds upon the order of the
Director in accordance with the provisions of this
Section.
(e) Deposits into the Education Assistance Fund and the
Income Tax Surcharge Local Government Distributive Fund. On
July 1, 1991, and thereafter, of the amounts collected
pursuant to subsections (a) and (b) of Section 201 of this Act,
minus deposits into the Income Tax Refund Fund, the Department
shall deposit 7.3% into the Education Assistance Fund in the
State Treasury. Beginning July 1, 1991, and continuing through
January 31, 1993, of the amounts collected pursuant to
subsections (a) and (b) of Section 201 of the Illinois Income
Tax Act, minus deposits into the Income Tax Refund Fund, the
Department shall deposit 3.0% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
Beginning February 1, 1993 and continuing through June 30,
1993, of the amounts collected pursuant to subsections (a) and
(b) of Section 201 of the Illinois Income Tax Act, minus
deposits into the Income Tax Refund Fund, the Department shall
deposit 4.4% into the Income Tax Surcharge Local Government
Distributive Fund in the State Treasury. Beginning July 1,
1993, and continuing through June 30, 1994, of the amounts
collected under subsections (a) and (b) of Section 201 of this
Act, minus deposits into the Income Tax Refund Fund, the

Department shall deposit 1.475% into the Income Tax Surcharge
Local Government Distributive Fund in the State Treasury.
(f) Deposits into the Fund for the Advancement of
Education. Beginning February 1, 2015, the Department shall
deposit the following portions of the revenue realized from
the tax imposed upon individuals, trusts, and estates by
subsections (a) and (b) of Section 201 of this Act, minus
deposits into the Income Tax Refund Fund, into the Fund for the
Advancement of Education:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and
(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (f) on or after the effective date of the
reduction.
(g) Deposits into the Commitment to Human Services Fund.
Beginning February 1, 2015, the Department shall deposit the
following portions of the revenue realized from the tax
imposed upon individuals, trusts, and estates by subsections
(a) and (b) of Section 201 of this Act, minus deposits into the
Income Tax Refund Fund, into the Commitment to Human Services
Fund:
(1) beginning February 1, 2015, and prior to February
1, 2025, 1/30; and

(2) beginning February 1, 2025, 1/26.
If the rate of tax imposed by subsection (a) and (b) of
Section 201 is reduced pursuant to Section 201.5 of this Act,
the Department shall not make the deposits required by this
subsection (g) on or after the effective date of the
reduction.
(h) Deposits into the Tax Compliance and Administration
Fund. Beginning on the first day of the first calendar month to
occur on or after August 26, 2014 (the effective date of Public
Act 98-1098), each month the Department shall pay into the Tax
Compliance and Administration Fund, to be used, subject to
appropriation, to fund additional auditors and compliance
personnel at the Department, an amount equal to 1/12 of 5% of
the cash receipts collected during the preceding fiscal year
by the Audit Bureau of the Department from the tax imposed by
subsections (a), (b), (c), and (d) of Section 201 of this Act,
net of deposits into the Income Tax Refund Fund made from those
cash receipts.
(Source: P.A. 101-8, see Section 99 for effective date;
101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
eff. 8-27-21; revised 10-19-21.)
(35 ILCS 5/917) (from Ch. 120, par. 9-917)
Sec. 917. Confidentiality and information sharing.
(a) Confidentiality. Except as provided in this Section,

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

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

information with the Director of the Department of Employment
Security for the purpose of verifying sources and amounts of
income and for other purposes directly connected with the
administration of this Act and Acts administered by the
Department of Employment Security. The Director may make
available to the Illinois Workers' Compensation Commission
information regarding employers for the purpose of verifying
the insurance coverage required under the Workers'
Compensation Act and Workers' Occupational Diseases Act. The
Director may exchange information with the Illinois Department
on Aging for the purpose of verifying sources and amounts of
income for purposes directly related to confirming eligibility
for participation in the programs of benefits authorized by
the Senior Citizens and Persons with Disabilities Property Tax
Relief and Pharmaceutical Assistance Act. The Director may
exchange information with the State Treasurer's Office and the
Department of Employment Security for the purpose of
implementing, administering, and enforcing the Illinois Secure
Choice Savings Program Act. The Director may exchange
information with the State Treasurer's Office for the purpose
of administering the Revised Uniform Unclaimed Property Act or
successor Acts. The Director may exchange information with the
State Treasurer's Office for the purpose of administering the
Illinois Higher Education Savings Program established under
Section 16.8 of the State Treasurer Act.
The Director may make available to any State agency,

including the Illinois Supreme Court, which licenses persons
to engage in any occupation, information that a person
licensed by such agency has failed to file returns under this
Act or pay the tax, penalty and interest shown therein, or has
failed to pay any final assessment of tax, penalty or interest
due under this Act. The Director may make available to any
State agency, including the Illinois Supreme Court,
information regarding whether a bidder, contractor, or an
affiliate of a bidder or contractor has failed to file returns
under this Act or pay the tax, penalty, and interest shown
therein, or has failed to pay any final assessment of tax,
penalty, or interest due under this Act, for the limited
purpose of enforcing bidder and contractor certifications. For
purposes of this Section, the term "affiliate" means any
entity that (1) directly, indirectly, or constructively
controls another entity, (2) is directly, indirectly, or
constructively controlled by another entity, or (3) is subject
to the control of a common entity. For purposes of this
subsection (a), an entity controls another entity if it owns,
directly or individually, more than 10% of the voting
securities of that entity. As used in this subsection (a), the
term "voting security" means a security that (1) confers upon
the holder the right to vote for the election of members of the
board of directors or similar governing body of the business
or (2) is convertible into, or entitles the holder to receive
upon its exercise, a security that confers such a right to

vote. A general partnership interest is a voting security.
The Director may make available to any State agency,
including the Illinois Supreme Court, units of local
government, and school districts, information regarding
whether a bidder or contractor is an affiliate of a person who
is not collecting and remitting Illinois Use taxes, for the
limited purpose of enforcing bidder and contractor
certifications.
The Director may also make available to the Secretary of
State information that a corporation which has been issued a
certificate of incorporation by the Secretary of State has
failed to file returns under this Act or pay the tax, penalty
and interest shown therein, or has failed to pay any final
assessment of tax, penalty or interest due under this Act. An
assessment is final when all proceedings in court for review
of such assessment have terminated or the time for the taking
thereof has expired without such proceedings being instituted.
For taxable years ending on or after December 31, 1987, the
Director may make available to the Director or principal
officer of any Department of the State of Illinois,
information that a person employed by such Department has
failed to file returns under this Act or pay the tax, penalty
and interest shown therein. For purposes of this paragraph,
the word "Department" shall have the same meaning as provided
in Section 3 of the State Employees Group Insurance Act of
1971.

(d) The Director shall make available for public
inspection in the Department's principal office and for
publication, at cost, administrative decisions issued on or
after January 1, 1995. These decisions are to be made
available in a manner so that the following taxpayer
information is not disclosed:
(1) The names, addresses, and identification numbers
of the taxpayer, related entities, and employees.
(2) At the sole discretion of the Director, trade
secrets or other confidential information identified as
such by the taxpayer, no later than 30 days after receipt
of an administrative decision, by such means as the
Department shall provide by rule.
The Director shall determine the appropriate extent of the
deletions allowed in paragraph (2). In the event the taxpayer
does not submit deletions, the Director shall make only the
deletions specified in paragraph (1).
The Director shall make available for public inspection
and publication an administrative decision within 180 days
after the issuance of the administrative decision. The term
"administrative decision" has the same meaning as defined in
Section 3-101 of Article III of the Code of Civil Procedure.
Costs collected under this Section shall be paid into the Tax
Compliance and Administration Fund.
(e) Nothing contained in this Act shall prevent the
Director from divulging information to any person pursuant to

a request or authorization made by the taxpayer, by an
authorized representative of the taxpayer, or, in the case of
information related to a joint return, by the spouse filing
the joint return with the taxpayer.
(Source: P.A. 102-61, eff. 7-9-21; 102-129, eff. 7-23-21;
revised 8-10-21.)
Section 250. The Economic Development for a Growing
Economy Tax Credit Act is amended by changing Section 5-45 as
follows:
(35 ILCS 10/5-45)
Sec. 5-45. Amount and duration of the credit.
(a) The Department shall determine the amount and duration
of the credit awarded under this Act. The duration of the
credit may not exceed 10 taxable years. The credit may be
stated as a percentage of the Incremental Income Tax
attributable to the applicant's project and may include a
fixed dollar limitation.
(b) Notwithstanding subsection (a), and except as the
credit may be applied in a carryover year pursuant to Section
211(4) of the Illinois Income Tax Act, the credit may be
applied against the State income tax liability in more than 10
taxable years but not in more than 15 taxable years for an
eligible business that (i) qualifies under this Act and the
Corporate Headquarters Relocation Act and has in fact

undertaken a qualifying project within the time frame
specified by the Department of Commerce and Economic
Opportunity under that Act, and (ii) applies against its State
income tax liability, during the entire 15-year period, no
more than 60% of the maximum credit per year that would
otherwise be available under this Act.
(c) Nothing in this Section shall prevent the Department,
in consultation with the Department of Revenue, from adopting
rules to extend the sunset of any earned, existing, and unused
tax credit or credits a taxpayer may be in possession of, as
provided for in Section 605-1070 605-1055 of the Department of
Commerce and Economic Opportunity Law of the Civil
Administrative Code of Illinois, notwithstanding the
carry-forward provisions pursuant to paragraph (4) of Section
211 of the Illinois Income Tax Act.
(Source: P.A. 102-16, eff. 6-17-21; revised 12-6-21.)
Section 255. The Retailers' Occupation Tax Act is amended
by changing Sections 1, 2-5, and 3 as follows:
(35 ILCS 120/1) (from Ch. 120, par. 440)
Sec. 1. Definitions. "Sale at retail" means any transfer
of the ownership of or title to tangible personal property to a
purchaser, for the purpose of use or consumption, and not for
the purpose of resale in any form as tangible personal
property to the extent not first subjected to a use for which

it was purchased, for a valuable consideration: Provided that
the property purchased is deemed to be purchased for the
purpose of resale, despite first being used, to the extent to
which it is resold as an ingredient of an intentionally
produced product or byproduct of manufacturing. For this
purpose, slag produced as an incident to manufacturing pig
iron or steel and sold is considered to be an intentionally
produced byproduct of manufacturing. Transactions whereby the
possession of the property is transferred but the seller
retains the title as security for payment of the selling price
shall be deemed to be sales.
"Sale at retail" shall be construed to include any
transfer of the ownership of or title to tangible personal
property to a purchaser, for use or consumption by any other
person to whom such purchaser may transfer the tangible
personal property without a valuable consideration, and to
include any transfer, whether made for or without a valuable
consideration, for resale in any form as tangible personal
property unless made in compliance with Section 2c of this
Act.
Sales of tangible personal property, which property, to
the extent not first subjected to a use for which it was
purchased, as an ingredient or constituent, goes into and
forms a part of tangible personal property subsequently the
subject of a "Sale at retail", are not sales at retail as
defined in this Act: Provided that the property purchased is

deemed to be purchased for the purpose of resale, despite
first being used, to the extent to which it is resold as an
ingredient of an intentionally produced product or byproduct
of manufacturing.
"Sale at retail" shall be construed to include any
Illinois florist's sales transaction in which the purchase
order is received in Illinois by a florist and the sale is for
use or consumption, but the Illinois florist has a florist in
another state deliver the property to the purchaser or the
purchaser's donee in such other state.
Nonreusable tangible personal property that is used by
persons engaged in the business of operating a restaurant,
cafeteria, or drive-in is a sale for resale when it is
transferred to customers in the ordinary course of business as
part of the sale of food or beverages and is used to deliver,
package, or consume food or beverages, regardless of where
consumption of the food or beverages occurs. Examples of those
items include, but are not limited to nonreusable, paper and
plastic cups, plates, baskets, boxes, sleeves, buckets or
other containers, utensils, straws, placemats, napkins, doggie
bags, and wrapping or packaging materials that are transferred
to customers as part of the sale of food or beverages in the
ordinary course of business.
The purchase, employment and transfer of such tangible
personal property as newsprint and ink for the primary purpose
of conveying news (with or without other information) is not a

purchase, use or sale of tangible personal property.
A person whose activities are organized and conducted
primarily as a not-for-profit service enterprise, and who
engages in selling tangible personal property at retail
(whether to the public or merely to members and their guests)
is engaged in the business of selling tangible personal
property at retail with respect to such transactions,
excepting only a person organized and operated exclusively for
charitable, religious or educational purposes either (1), to
the extent of sales by such person to its members, students,
patients or inmates of tangible personal property to be used
primarily for the purposes of such person, or (2), to the
extent of sales by such person of tangible personal property
which is not sold or offered for sale by persons organized for
profit. The selling of school books and school supplies by
schools at retail to students is not "primarily for the
purposes of" the school which does such selling. The
provisions of this paragraph shall not apply to nor subject to
taxation occasional dinners, socials or similar activities of
a person organized and operated exclusively for charitable,
religious or educational purposes, whether or not such
activities are open to the public.
A person who is the recipient of a grant or contract under
Title VII of the Older Americans Act of 1965 (P.L. 92-258) and
serves meals to participants in the federal Nutrition Program
for the Elderly in return for contributions established in

amount by the individual participant pursuant to a schedule of
suggested fees as provided for in the federal Act is not
engaged in the business of selling tangible personal property
at retail with respect to such transactions.
"Purchaser" means anyone who, through a sale at retail,
acquires the ownership of or title to tangible personal
property for a valuable consideration.
"Reseller of motor fuel" means any person engaged in the
business of selling or delivering or transferring title of
motor fuel to another person other than for use or
consumption. No person shall act as a reseller of motor fuel
within this State without first being registered as a reseller
pursuant to Section 2c or a retailer pursuant to Section 2a.
"Selling price" or the "amount of sale" means the
consideration for a sale valued in money whether received in
money or otherwise, including cash, credits, property, other
than as hereinafter provided, and services, but, prior to
January 1, 2020 and beginning again on January 1, 2022, not
including the value of or credit given for traded-in tangible
personal property where the item that is traded-in is of like
kind and character as that which is being sold; beginning
January 1, 2020 and until January 1, 2022, "selling price"
includes the portion of the value of or credit given for
traded-in motor vehicles of the First Division as defined in
Section 1-146 of the Illinois Vehicle Code of like kind and
character as that which is being sold that exceeds $10,000.

"Selling price" shall be determined without any deduction on
account of the cost of the property sold, the cost of materials
used, labor or service cost or any other expense whatsoever,
but does not include charges that are added to prices by
sellers on account of the seller's tax liability under this
Act, or on account of the seller's duty to collect, from the
purchaser, the tax that is imposed by the Use Tax Act, or,
except as otherwise provided with respect to any cigarette tax
imposed by a home rule unit, on account of the seller's tax
liability under any local occupation tax administered by the
Department, or, except as otherwise provided with respect to
any cigarette tax imposed by a home rule unit on account of the
seller's duty to collect, from the purchasers, the tax that is
imposed under any local use tax administered by the
Department. Effective December 1, 1985, "selling price" shall
include charges that are added to prices by sellers on account
of the seller's tax liability under the Cigarette Tax Act, on
account of the sellers' duty to collect, from the purchaser,
the tax imposed under the Cigarette Use Tax Act, and on account
of the seller's duty to collect, from the purchaser, any
cigarette tax imposed by a home rule unit.
Notwithstanding any law to the contrary, for any motor
vehicle, as defined in Section 1-146 of the Vehicle Code, that
is sold on or after January 1, 2015 for the purpose of leasing
the vehicle for a defined period that is longer than one year
and (1) is a motor vehicle of the second division that: (A) is

a self-contained motor vehicle designed or permanently
converted to provide living quarters for recreational,
camping, or travel use, with direct walk through access to the
living quarters from the driver's seat; (B) is of the van
configuration designed for the transportation of not less than
7 nor more than 16 passengers; or (C) has a gross vehicle
weight rating of 8,000 pounds or less or (2) is a motor vehicle
of the first division, "selling price" or "amount of sale"
means the consideration received by the lessor pursuant to the
lease contract, including amounts due at lease signing and all
monthly or other regular payments charged over the term of the
lease. Also included in the selling price is any amount
received by the lessor from the lessee for the leased vehicle
that is not calculated at the time the lease is executed,
including, but not limited to, excess mileage charges and
charges for excess wear and tear. For sales that occur in
Illinois, with respect to any amount received by the lessor
from the lessee for the leased vehicle that is not calculated
at the time the lease is executed, the lessor who purchased the
motor vehicle does not incur the tax imposed by the Use Tax Act
on those amounts, and the retailer who makes the retail sale of
the motor vehicle to the lessor is not required to collect the
tax imposed by the Use Tax Act or to pay the tax imposed by
this Act on those amounts. However, the lessor who purchased
the motor vehicle assumes the liability for reporting and
paying the tax on those amounts directly to the Department in

the same form (Illinois Retailers' Occupation Tax, and local
retailers' occupation taxes, if applicable) in which the
retailer would have reported and paid such tax if the retailer
had accounted for the tax to the Department. For amounts
received by the lessor from the lessee that are not calculated
at the time the lease is executed, the lessor must file the
return and pay the tax to the Department by the due date
otherwise required by this Act for returns other than
transaction returns. If the retailer is entitled under this
Act to a discount for collecting and remitting the tax imposed
under this Act to the Department with respect to the sale of
the motor vehicle to the lessor, then the right to the discount
provided in this Act shall be transferred to the lessor with
respect to the tax paid by the lessor for any amount received
by the lessor from the lessee for the leased vehicle that is
not calculated at the time the lease is executed; provided
that the discount is only allowed if the return is timely filed
and for amounts timely paid. The "selling price" of a motor
vehicle that is sold on or after January 1, 2015 for the
purpose of leasing for a defined period of longer than one year
shall not be reduced by the value of or credit given for
traded-in tangible personal property owned by the lessor, nor
shall it be reduced by the value of or credit given for
traded-in tangible personal property owned by the lessee,
regardless of whether the trade-in value thereof is assigned
by the lessee to the lessor. In the case of a motor vehicle

that is sold for the purpose of leasing for a defined period of
longer than one year, the sale occurs at the time of the
delivery of the vehicle, regardless of the due date of any
lease payments. A lessor who incurs a Retailers' Occupation
Tax liability on the sale of a motor vehicle coming off lease
may not take a credit against that liability for the Use Tax
the lessor paid upon the purchase of the motor vehicle (or for
any tax the lessor paid with respect to any amount received by
the lessor from the lessee for the leased vehicle that was not
calculated at the time the lease was executed) if the selling
price of the motor vehicle at the time of purchase was
calculated using the definition of "selling price" as defined
in this paragraph. Notwithstanding any other provision of this
Act to the contrary, lessors shall file all returns and make
all payments required under this paragraph to the Department
by electronic means in the manner and form as required by the
Department. This paragraph does not apply to leases of motor
vehicles for which, at the time the lease is entered into, the
term of the lease is not a defined period, including leases
with a defined initial period with the option to continue the
lease on a month-to-month or other basis beyond the initial
defined period.
The phrase "like kind and character" shall be liberally
construed (including but not limited to any form of motor
vehicle for any form of motor vehicle, or any kind of farm or
agricultural implement for any other kind of farm or

agricultural implement), while not including a kind of item
which, if sold at retail by that retailer, would be exempt from
retailers' occupation tax and use tax as an isolated or
occasional sale.
"Gross receipts" from the sales of tangible personal
property at retail means the total selling price or the amount
of such sales, as hereinbefore defined. In the case of charge
and time sales, the amount thereof shall be included only as
and when payments are received by the seller. Receipts or
other consideration derived by a seller from the sale,
transfer or assignment of accounts receivable to a wholly
owned subsidiary will not be deemed payments prior to the time
the purchaser makes payment on such accounts.
"Department" means the Department of Revenue.
"Person" means any natural individual, firm, partnership,
association, joint stock company, joint adventure, public or
private corporation, limited liability company, or a receiver,
executor, trustee, guardian or other representative appointed
by order of any court.
The isolated or occasional sale of tangible personal
property at retail by a person who does not hold himself out as
being engaged (or who does not habitually engage) in selling
such tangible personal property at retail, or a sale through a
bulk vending machine, does not constitute engaging in a
business of selling such tangible personal property at retail
within the meaning of this Act; provided that any person who is

engaged in a business which is not subject to the tax imposed
by this Act because of involving the sale of or a contract to
sell real estate or a construction contract to improve real
estate or a construction contract to engineer, install, and
maintain an integrated system of products, but who, in the
course of conducting such business, transfers tangible
personal property to users or consumers in the finished form
in which it was purchased, and which does not become real
estate or was not engineered and installed, under any
provision of a construction contract or real estate sale or
real estate sales agreement entered into with some other
person arising out of or because of such nontaxable business,
is engaged in the business of selling tangible personal
property at retail to the extent of the value of the tangible
personal property so transferred. If, in such a transaction, a
separate charge is made for the tangible personal property so
transferred, the value of such property, for the purpose of
this Act, shall be the amount so separately charged, but not
less than the cost of such property to the transferor; if no
separate charge is made, the value of such property, for the
purposes of this Act, is the cost to the transferor of such
tangible personal property. Construction contracts for the
improvement of real estate consisting of engineering,
installation, and maintenance of voice, data, video, security,
and all telecommunication systems do not constitute engaging
in a business of selling tangible personal property at retail

within the meaning of this Act if they are sold at one
specified contract price.
A person who holds himself or herself out as being engaged
(or who habitually engages) in selling tangible personal
property at retail is a person engaged in the business of
selling tangible personal property at retail hereunder with
respect to such sales (and not primarily in a service
occupation) notwithstanding the fact that such person designs
and produces such tangible personal property on special order
for the purchaser and in such a way as to render the property
of value only to such purchaser, if such tangible personal
property so produced on special order serves substantially the
same function as stock or standard items of tangible personal
property that are sold at retail.
Persons who engage in the business of transferring
tangible personal property upon the redemption of trading
stamps are engaged in the business of selling such property at
retail and shall be liable for and shall pay the tax imposed by
this Act on the basis of the retail value of the property
transferred upon redemption of such stamps.
"Bulk vending machine" means a vending machine, containing
unsorted confections, nuts, toys, or other items designed
primarily to be used or played with by children which, when a
coin or coins of a denomination not larger than $0.50 are
inserted, are dispensed in equal portions, at random and
without selection by the customer.

"Remote retailer" means a retailer that does not maintain
within this State, directly or by a subsidiary, an office,
distribution house, sales house, warehouse or other place of
business, or any agent or other representative operating
within this State under the authority of the retailer or its
subsidiary, irrespective of whether such place of business or
agent is located here permanently or temporarily or whether
such retailer or subsidiary is licensed to do business in this
State.
"Marketplace" means a physical or electronic place, forum,
platform, application, or other method by which a marketplace
seller sells or offers to sell items.
"Marketplace facilitator" means a person who, pursuant to
an agreement with an unrelated third-party marketplace seller,
directly or indirectly through one or more affiliates
facilitates a retail sale by an unrelated third party
marketplace seller by:
(1) listing or advertising for sale by the marketplace
seller in a marketplace, tangible personal property that
is subject to tax under this Act; and
(2) either directly or indirectly, through agreements
or arrangements with third parties, collecting payment
from the customer and transmitting that payment to the
marketplace seller regardless of whether the marketplace
facilitator receives compensation or other consideration
in exchange for its services.

A person who provides advertising services, including
listing products for sale, is not considered a marketplace
facilitator, so long as the advertising service platform or
forum does not engage, directly or indirectly through one or
more affiliated persons, in the activities described in
paragraph (2) of this definition of "marketplace facilitator".
"Marketplace facilitator" does not include any person
licensed under the Auction License Act. This exemption does
not apply to any person who is an Internet auction listing
service, as defined by the Auction License Act.
"Marketplace seller" means a person that makes sales
through a marketplace operated by an unrelated third party
marketplace facilitator.
(Source: P.A. 101-31, eff. 6-28-19; 101-604, eff. 1-1-20;
102-353, eff. 1-1-22; 102-634, eff. 8-27-21; revised 11-1-21.)
(35 ILCS 120/2-5)
Sec. 2-5. Exemptions. Gross receipts from proceeds from
the sale of the following tangible personal property are
exempt from the tax imposed by this Act:
(1) Farm chemicals.
(2) Farm machinery and equipment, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for production
agriculture or State or federal agricultural programs,
including individual replacement parts for the machinery

and equipment, including machinery and equipment purchased
for lease, and including implements of husbandry defined
in Section 1-130 of the Illinois Vehicle Code, farm
machinery and agricultural chemical and fertilizer
spreaders, and nurse wagons required to be registered
under Section 3-809 of the Illinois Vehicle Code, but
excluding other motor vehicles required to be registered
under the Illinois Vehicle Code. Horticultural polyhouses
or hoop houses used for propagating, growing, or
overwintering plants shall be considered farm machinery
and equipment under this item (2). Agricultural chemical
tender tanks and dry boxes shall include units sold
separately from a motor vehicle required to be licensed
and units sold mounted on a motor vehicle required to be
licensed, if the selling price of the tender is separately
stated.
Farm machinery and equipment shall include precision
farming equipment that is installed or purchased to be
installed on farm machinery and equipment including, but
not limited to, tractors, harvesters, sprayers, planters,
seeders, or spreaders. Precision farming equipment
includes, but is not limited to, soil testing sensors,
computers, monitors, software, global positioning and
mapping systems, and other such equipment.
Farm machinery and equipment also includes computers,
sensors, software, and related equipment used primarily in

the computer-assisted operation of production agriculture
facilities, equipment, and activities such as, but not
limited to, the collection, monitoring, and correlation of
animal and crop data for the purpose of formulating animal
diets and agricultural chemicals. This item (2) is exempt
from the provisions of Section 2-70.
(3) Until July 1, 2003, distillation machinery and
equipment, sold as a unit or kit, assembled or installed
by the retailer, certified by the user to be used only for
the production of ethyl alcohol that will be used for
consumption as motor fuel or as a component of motor fuel
for the personal use of the user, and not subject to sale
or resale.
(4) Until July 1, 2003 and beginning again September
1, 2004 through August 30, 2014, graphic arts machinery
and equipment, including repair and replacement parts,
both new and used, and including that manufactured on
special order or purchased for lease, certified by the
purchaser to be used primarily for graphic arts
production. Equipment includes chemicals or chemicals
acting as catalysts but only if the chemicals or chemicals
acting as catalysts effect a direct and immediate change
upon a graphic arts product. Beginning on July 1, 2017,
graphic arts machinery and equipment is included in the
manufacturing and assembling machinery and equipment
exemption under paragraph (14).

(5) A motor vehicle that is used for automobile
renting, as defined in the Automobile Renting Occupation
and Use Tax Act. This paragraph is exempt from the
provisions of Section 2-70.
(6) Personal property sold by a teacher-sponsored
student organization affiliated with an elementary or
secondary school located in Illinois.
(7) Until July 1, 2003, proceeds of that portion of
the selling price of a passenger car the sale of which is
subject to the Replacement Vehicle Tax.
(8) Personal property sold to an Illinois county fair
association for use in conducting, operating, or promoting
the county fair.
(9) Personal property sold to a not-for-profit arts or
cultural organization that establishes, by proof required
by the Department by rule, that it has received an
exemption under Section 501(c)(3) of the Internal Revenue
Code and that is organized and operated primarily for the
presentation or support of arts or cultural programming,
activities, or services. These organizations include, but
are not limited to, music and dramatic arts organizations
such as symphony orchestras and theatrical groups, arts
and cultural service organizations, local arts councils,
visual arts organizations, and media arts organizations.
On and after July 1, 2001 (the effective date of Public Act
92-35), however, an entity otherwise eligible for this

exemption shall not make tax-free purchases unless it has
an active identification number issued by the Department.
(10) Personal property sold by a corporation, society,
association, foundation, institution, or organization,
other than a limited liability company, that is organized
and operated as a not-for-profit service enterprise for
the benefit of persons 65 years of age or older if the
personal property was not purchased by the enterprise for
the purpose of resale by the enterprise.
(11) Personal property sold to a governmental body, to
a corporation, society, association, foundation, or
institution organized and operated exclusively for
charitable, religious, or educational purposes, or to a
not-for-profit corporation, society, association,
foundation, institution, or organization that has no
compensated officers or employees and that is organized
and operated primarily for the recreation of persons 55
years of age or older. A limited liability company may
qualify for the exemption under this paragraph only if the
limited liability company is organized and operated
exclusively for educational purposes. On and after July 1,
1987, however, no entity otherwise eligible for this
exemption shall make tax-free purchases unless it has an
active identification number issued by the Department.
(12) (Blank).
(12-5) On and after July 1, 2003 and through June 30,

2004, motor vehicles of the second division with a gross
vehicle weight in excess of 8,000 pounds that are subject
to the commercial distribution fee imposed under Section
3-815.1 of the Illinois Vehicle Code. Beginning on July 1,
2004 and through June 30, 2005, the use in this State of
motor vehicles of the second division: (i) with a gross
vehicle weight rating in excess of 8,000 pounds; (ii) that
are subject to the commercial distribution fee imposed
under Section 3-815.1 of the Illinois Vehicle Code; and
(iii) that are primarily used for commercial purposes.
Through June 30, 2005, this exemption applies to repair
and replacement parts added after the initial purchase of
such a motor vehicle if that motor vehicle is used in a
manner that would qualify for the rolling stock exemption
otherwise provided for in this Act. For purposes of this
paragraph, "used for commercial purposes" means the
transportation of persons or property in furtherance of
any commercial or industrial enterprise whether for-hire
or not.
(13) Proceeds from sales to owners, lessors, or
shippers of tangible personal property that is utilized by
interstate carriers for hire for use as rolling stock
moving in interstate commerce and equipment operated by a
telecommunications provider, licensed as a common carrier
by the Federal Communications Commission, which is
permanently installed in or affixed to aircraft moving in

interstate commerce.
(14) Machinery and equipment that will be used by the
purchaser, or a lessee of the purchaser, primarily in the
process of manufacturing or assembling tangible personal
property for wholesale or retail sale or lease, whether
the sale or lease is made directly by the manufacturer or
by some other person, whether the materials used in the
process are owned by the manufacturer or some other
person, or whether the sale or lease is made apart from or
as an incident to the seller's engaging in the service
occupation of producing machines, tools, dies, jigs,
patterns, gauges, or other similar items of no commercial
value on special order for a particular purchaser. The
exemption provided by this paragraph (14) does not include
machinery and equipment used in (i) the generation of
electricity for wholesale or retail sale; (ii) the
generation or treatment of natural or artificial gas for
wholesale or retail sale that is delivered to customers
through pipes, pipelines, or mains; or (iii) the treatment
of water for wholesale or retail sale that is delivered to
customers through pipes, pipelines, or mains. The
provisions of Public Act 98-583 are declaratory of
existing law as to the meaning and scope of this
exemption. Beginning on July 1, 2017, the exemption
provided by this paragraph (14) includes, but is not
limited to, graphic arts machinery and equipment, as

defined in paragraph (4) of this Section.
(15) Proceeds of mandatory service charges separately
stated on customers' bills for purchase and consumption of
food and beverages, to the extent that the proceeds of the
service charge are in fact turned over as tips or as a
substitute for tips to the employees who participate
directly in preparing, serving, hosting or cleaning up the
food or beverage function with respect to which the
service charge is imposed.
(16) Tangible personal property sold to a purchaser if
the purchaser is exempt from use tax by operation of
federal law. This paragraph is exempt from the provisions
of Section 2-70.
(17) Tangible personal property sold to a common
carrier by rail or motor that receives the physical
possession of the property in Illinois and that transports
the property, or shares with another common carrier in the
transportation of the property, out of Illinois on a
standard uniform bill of lading showing the seller of the
property as the shipper or consignor of the property to a
destination outside Illinois, for use outside Illinois.
(18) Legal tender, currency, medallions, or gold or
silver coinage issued by the State of Illinois, the
government of the United States of America, or the
government of any foreign country, and bullion.
(19) Until July 1, 2003, oil field exploration,

drilling, and production equipment, including (i) rigs and
parts of rigs, rotary rigs, cable tool rigs, and workover
rigs, (ii) pipe and tubular goods, including casing and
drill strings, (iii) pumps and pump-jack units, (iv)
storage tanks and flow lines, (v) any individual
replacement part for oil field exploration, drilling, and
production equipment, and (vi) machinery and equipment
purchased for lease; but excluding motor vehicles required
to be registered under the Illinois Vehicle Code.
(20) Photoprocessing machinery and equipment,
including repair and replacement parts, both new and used,
including that manufactured on special order, certified by
the purchaser to be used primarily for photoprocessing,
and including photoprocessing machinery and equipment
purchased for lease.
(21) Until July 1, 2023, coal and aggregate
exploration, mining, off-highway hauling, processing,
maintenance, and reclamation equipment, including
replacement parts and equipment, and including equipment
purchased for lease, but excluding motor vehicles required
to be registered under the Illinois Vehicle Code. The
changes made to this Section by Public Act 97-767 apply on
and after July 1, 2003, but no claim for credit or refund
is allowed on or after August 16, 2013 (the effective date
of Public Act 98-456) for such taxes paid during the
period beginning July 1, 2003 and ending on August 16,

2013 (the effective date of Public Act 98-456).
(22) Until June 30, 2013, fuel and petroleum products
sold to or used by an air carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a
flight destined for or returning from a location or
locations outside the United States without regard to
previous or subsequent domestic stopovers.
Beginning July 1, 2013, fuel and petroleum products
sold to or used by an air carrier, certified by the carrier
to be used for consumption, shipment, or storage in the
conduct of its business as an air common carrier, for a
flight that (i) is engaged in foreign trade or is engaged
in trade between the United States and any of its
possessions and (ii) transports at least one individual or
package for hire from the city of origination to the city
of final destination on the same aircraft, without regard
to a change in the flight number of that aircraft.
(23) A transaction in which the purchase order is
received by a florist who is located outside Illinois, but
who has a florist located in Illinois deliver the property
to the purchaser or the purchaser's donee in Illinois.
(24) Fuel consumed or used in the operation of ships,
barges, or vessels that are used primarily in or for the
transportation of property or the conveyance of persons
for hire on rivers bordering on this State if the fuel is

delivered by the seller to the purchaser's barge, ship, or
vessel while it is afloat upon that bordering river.
(25) Except as provided in item (25-5) of this
Section, a motor vehicle sold in this State to a
nonresident even though the motor vehicle is delivered to
the nonresident in this State, if the motor vehicle is not
to be titled in this State, and if a drive-away permit is
issued to the motor vehicle as provided in Section 3-603
of the Illinois Vehicle Code or if the nonresident
purchaser has vehicle registration plates to transfer to
the motor vehicle upon returning to his or her home state.
The issuance of the drive-away permit or having the
out-of-state registration plates to be transferred is
prima facie evidence that the motor vehicle will not be
titled in this State.
(25-5) The exemption under item (25) does not apply if
the state in which the motor vehicle will be titled does
not allow a reciprocal exemption for a motor vehicle sold
and delivered in that state to an Illinois resident but
titled in Illinois. The tax collected under this Act on
the sale of a motor vehicle in this State to a resident of
another state that does not allow a reciprocal exemption
shall be imposed at a rate equal to the state's rate of tax
on taxable property in the state in which the purchaser is
a resident, except that the tax shall not exceed the tax
that would otherwise be imposed under this Act. At the

time of the sale, the purchaser shall execute a statement,
signed under penalty of perjury, of his or her intent to
title the vehicle in the state in which the purchaser is a
resident within 30 days after the sale and of the fact of
the payment to the State of Illinois of tax in an amount
equivalent to the state's rate of tax on taxable property
in his or her state of residence and shall submit the
statement to the appropriate tax collection agency in his
or her state of residence. In addition, the retailer must
retain a signed copy of the statement in his or her
records. Nothing in this item shall be construed to
require the removal of the vehicle from this state
following the filing of an intent to title the vehicle in
the purchaser's state of residence if the purchaser titles
the vehicle in his or her state of residence within 30 days
after the date of sale. The tax collected under this Act in
accordance with this item (25-5) shall be proportionately
distributed as if the tax were collected at the 6.25%
general rate imposed under this Act.
(25-7) Beginning on July 1, 2007, no tax is imposed
under this Act on the sale of an aircraft, as defined in
Section 3 of the Illinois Aeronautics Act, if all of the
following conditions are met:
(1) the aircraft leaves this State within 15 days
after the later of either the issuance of the final
billing for the sale of the aircraft, or the

authorized approval for return to service, completion
of the maintenance record entry, and completion of the
test flight and ground test for inspection, as
required by 14 C.F.R. 91.407;
(2) the aircraft is not based or registered in
this State after the sale of the aircraft; and
(3) the seller retains in his or her books and
records and provides to the Department a signed and
dated certification from the purchaser, on a form
prescribed by the Department, certifying that the
requirements of this item (25-7) are met. The
certificate must also include the name and address of
the purchaser, the address of the location where the
aircraft is to be titled or registered, the address of
the primary physical location of the aircraft, and
other information that the Department may reasonably
require.
For purposes of this item (25-7):
"Based in this State" means hangared, stored, or
otherwise used, excluding post-sale customizations as
defined in this Section, for 10 or more days in each
12-month period immediately following the date of the sale
of the aircraft.
"Registered in this State" means an aircraft
registered with the Department of Transportation,
Aeronautics Division, or titled or registered with the

Federal Aviation Administration to an address located in
this State.
This paragraph (25-7) is exempt from the provisions of
Section 2-70.
(26) Semen used for artificial insemination of
livestock for direct agricultural production.
(27) Horses, or interests in horses, registered with
and meeting the requirements of any of the Arabian Horse
Club Registry of America, Appaloosa Horse Club, American
Quarter Horse Association, United States Trotting
Association, or Jockey Club, as appropriate, used for
purposes of breeding or racing for prizes. This item (27)
is exempt from the provisions of Section 2-70, and the
exemption provided for under this item (27) applies for
all periods beginning May 30, 1995, but no claim for
credit or refund is allowed on or after January 1, 2008
(the effective date of Public Act 95-88) for such taxes
paid during the period beginning May 30, 2000 and ending
on January 1, 2008 (the effective date of Public Act
95-88).
(28) Computers and communications equipment utilized
for any hospital purpose and equipment used in the
diagnosis, analysis, or treatment of hospital patients
sold to a lessor who leases the equipment, under a lease of
one year or longer executed or in effect at the time of the
purchase, to a hospital that has been issued an active tax

exemption identification number by the Department under
Section 1g of this Act.
(29) Personal property sold to a lessor who leases the
property, under a lease of one year or longer executed or
in effect at the time of the purchase, to a governmental
body that has been issued an active tax exemption
identification number by the Department under Section 1g
of this Act.
(30) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on
or before December 31, 2004, personal property that is
donated for disaster relief to be used in a State or
federally declared disaster area in Illinois or bordering
Illinois by a manufacturer or retailer that is registered
in this State to a corporation, society, association,
foundation, or institution that has been issued a sales
tax exemption identification number by the Department that
assists victims of the disaster who reside within the
declared disaster area.
(31) Beginning with taxable years ending on or after
December 31, 1995 and ending with taxable years ending on
or before December 31, 2004, personal property that is
used in the performance of infrastructure repairs in this
State, including but not limited to municipal roads and
streets, access roads, bridges, sidewalks, waste disposal
systems, water and sewer line extensions, water

distribution and purification facilities, storm water
drainage and retention facilities, and sewage treatment
facilities, resulting from a State or federally declared
disaster in Illinois or bordering Illinois when such
repairs are initiated on facilities located in the
declared disaster area within 6 months after the disaster.
(32) Beginning July 1, 1999, game or game birds sold
at a "game breeding and hunting preserve area" as that
term is used in the Wildlife Code. This paragraph is
exempt from the provisions of Section 2-70.
(33) A motor vehicle, as that term is defined in
Section 1-146 of the Illinois Vehicle Code, that is
donated to a corporation, limited liability company,
society, association, foundation, or institution that is
determined by the Department to be organized and operated
exclusively for educational purposes. For purposes of this
exemption, "a corporation, limited liability company,
society, association, foundation, or institution organized
and operated exclusively for educational purposes" means
all tax-supported public schools, private schools that
offer systematic instruction in useful branches of
learning by methods common to public schools and that
compare favorably in their scope and intensity with the
course of study presented in tax-supported schools, and
vocational or technical schools or institutes organized
and operated exclusively to provide a course of study of

not less than 6 weeks duration and designed to prepare
individuals to follow a trade or to pursue a manual,
technical, mechanical, industrial, business, or commercial
occupation.
(34) Beginning January 1, 2000, personal property,
including food, purchased through fundraising events for
the benefit of a public or private elementary or secondary
school, a group of those schools, or one or more school
districts if the events are sponsored by an entity
recognized by the school district that consists primarily
of volunteers and includes parents and teachers of the
school children. This paragraph does not apply to
fundraising events (i) for the benefit of private home
instruction or (ii) for which the fundraising entity
purchases the personal property sold at the events from
another individual or entity that sold the property for
the purpose of resale by the fundraising entity and that
profits from the sale to the fundraising entity. This
paragraph is exempt from the provisions of Section 2-70.
(35) Beginning January 1, 2000 and through December
31, 2001, new or used automatic vending machines that
prepare and serve hot food and beverages, including
coffee, soup, and other items, and replacement parts for
these machines. Beginning January 1, 2002 and through June
30, 2003, machines and parts for machines used in
commercial, coin-operated amusement and vending business

if a use or occupation tax is paid on the gross receipts
derived from the use of the commercial, coin-operated
amusement and vending machines. This paragraph is exempt
from the provisions of Section 2-70.
(35-5) Beginning August 23, 2001 and through June 30,
2016, food for human consumption that is to be consumed
off the premises where it is sold (other than alcoholic
beverages, soft drinks, and food that has been prepared
for immediate consumption) and prescription and
nonprescription medicines, drugs, medical appliances, and
insulin, urine testing materials, syringes, and needles
used by diabetics, for human use, when purchased for use
by a person receiving medical assistance under Article V
of the Illinois Public Aid Code who resides in a licensed
long-term care facility, as defined in the Nursing Home
Care Act, or a licensed facility as defined in the ID/DD
Community Care Act, the MC/DD Act, or the Specialized
Mental Health Rehabilitation Act of 2013.
(36) Beginning August 2, 2001, computers and
communications equipment utilized for any hospital purpose
and equipment used in the diagnosis, analysis, or
treatment of hospital patients sold to a lessor who leases
the equipment, under a lease of one year or longer
executed or in effect at the time of the purchase, to a
hospital that has been issued an active tax exemption
identification number by the Department under Section 1g

of this Act. This paragraph is exempt from the provisions
of Section 2-70.
(37) Beginning August 2, 2001, personal property sold
to a lessor who leases the property, under a lease of one
year or longer executed or in effect at the time of the
purchase, to a governmental body that has been issued an
active tax exemption identification number by the
Department under Section 1g of this Act. This paragraph is
exempt from the provisions of Section 2-70.
(38) Beginning on January 1, 2002 and through June 30,
2016, tangible personal property purchased from an
Illinois retailer by a taxpayer engaged in centralized
purchasing activities in Illinois who will, upon receipt
of the property in Illinois, temporarily store the
property in Illinois (i) for the purpose of subsequently
transporting it outside this State for use or consumption
thereafter solely outside this State or (ii) for the
purpose of being processed, fabricated, or manufactured
into, attached to, or incorporated into other tangible
personal property to be transported outside this State and
thereafter used or consumed solely outside this State. The
Director of Revenue shall, pursuant to rules adopted in
accordance with the Illinois Administrative Procedure Act,
issue a permit to any taxpayer in good standing with the
Department who is eligible for the exemption under this
paragraph (38). The permit issued under this paragraph

(38) shall authorize the holder, to the extent and in the
manner specified in the rules adopted under this Act, to
purchase tangible personal property from a retailer exempt
from the taxes imposed by this Act. Taxpayers shall
maintain all necessary books and records to substantiate
the use and consumption of all such tangible personal
property outside of the State of Illinois.
(39) Beginning January 1, 2008, tangible personal
property used in the construction or maintenance of a
community water supply, as defined under Section 3.145 of
the Environmental Protection Act, that is operated by a
not-for-profit corporation that holds a valid water supply
permit issued under Title IV of the Environmental
Protection Act. This paragraph is exempt from the
provisions of Section 2-70.
(40) Beginning January 1, 2010 and continuing through
December 31, 2024, materials, parts, equipment,
components, and furnishings incorporated into or upon an
aircraft as part of the modification, refurbishment,
completion, replacement, repair, or maintenance of the
aircraft. This exemption includes consumable supplies used
in the modification, refurbishment, completion,
replacement, repair, and maintenance of aircraft, but
excludes any materials, parts, equipment, components, and
consumable supplies used in the modification, replacement,
repair, and maintenance of aircraft engines or power

plants, whether such engines or power plants are installed
or uninstalled upon any such aircraft. "Consumable
supplies" include, but are not limited to, adhesive, tape,
sandpaper, general purpose lubricants, cleaning solution,
latex gloves, and protective films. This exemption applies
only to the sale of qualifying tangible personal property
to persons who modify, refurbish, complete, replace, or
maintain an aircraft and who (i) hold an Air Agency
Certificate and are empowered to operate an approved
repair station by the Federal Aviation Administration,
(ii) have a Class IV Rating, and (iii) conduct operations
in accordance with Part 145 of the Federal Aviation
Regulations. The exemption does not include aircraft
operated by a commercial air carrier providing scheduled
passenger air service pursuant to authority issued under
Part 121 or Part 129 of the Federal Aviation Regulations.
The changes made to this paragraph (40) by Public Act
98-534 are declarative of existing law. It is the intent
of the General Assembly that the exemption under this
paragraph (40) applies continuously from January 1, 2010
through December 31, 2024; however, no claim for credit or
refund is allowed for taxes paid as a result of the
disallowance of this exemption on or after January 1, 2015
and prior to the effective date of this amendatory Act of
the 101st General Assembly.
(41) Tangible personal property sold to a

public-facilities corporation, as described in Section
11-65-10 of the Illinois Municipal Code, for purposes of
constructing or furnishing a municipal convention hall,
but only if the legal title to the municipal convention
hall is transferred to the municipality without any
further consideration by or on behalf of the municipality
at the time of the completion of the municipal convention
hall or upon the retirement or redemption of any bonds or
other debt instruments issued by the public-facilities
corporation in connection with the development of the
municipal convention hall. This exemption includes
existing public-facilities corporations as provided in
Section 11-65-25 of the Illinois Municipal Code. This
paragraph is exempt from the provisions of Section 2-70.
(42) Beginning January 1, 2017 and through December
31, 2026, menstrual pads, tampons, and menstrual cups.
(43) Merchandise that is subject to the Rental
Purchase Agreement Occupation and Use Tax. The purchaser
must certify that the item is purchased to be rented
subject to a rental purchase agreement, as defined in the
Rental Purchase Agreement Act, and provide proof of
registration under the Rental Purchase Agreement
Occupation and Use Tax Act. This paragraph is exempt from
the provisions of Section 2-70.
(44) Qualified tangible personal property used in the
construction or operation of a data center that has been

granted a certificate of exemption by the Department of
Commerce and Economic Opportunity, whether that tangible
personal property is purchased by the owner, operator, or
tenant of the data center or by a contractor or
subcontractor of the owner, operator, or tenant. Data
centers that would have qualified for a certificate of
exemption prior to January 1, 2020 had this amendatory Act
of the 101st General Assembly been in effect, may apply
for and obtain an exemption for subsequent purchases of
computer equipment or enabling software purchased or
leased to upgrade, supplement, or replace computer
equipment or enabling software purchased or leased in the
original investment that would have qualified.
The Department of Commerce and Economic Opportunity
shall grant a certificate of exemption under this item
(44) to qualified data centers as defined by Section
605-1025 of the Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of
Illinois.
For the purposes of this item (44):
"Data center" means a building or a series of
buildings rehabilitated or constructed to house
working servers in one physical location or multiple
sites within the State of Illinois.
"Qualified tangible personal property" means:
electrical systems and equipment; climate control and

chilling equipment and systems; mechanical systems and
equipment; monitoring and secure systems; emergency
generators; hardware; computers; servers; data storage
devices; network connectivity equipment; racks;
cabinets; telecommunications cabling infrastructure;
raised floor systems; peripheral components or
systems; software; mechanical, electrical, or plumbing
systems; battery systems; cooling systems and towers;
temperature control systems; other cabling; and other
data center infrastructure equipment and systems
necessary to operate qualified tangible personal
property, including fixtures; and component parts of
any of the foregoing, including installation,
maintenance, repair, refurbishment, and replacement of
qualified tangible personal property to generate,
transform, transmit, distribute, or manage electricity
necessary to operate qualified tangible personal
property; and all other tangible personal property
that is essential to the operations of a computer data
center. The term "qualified tangible personal
property" also includes building materials physically
incorporated into in to the qualifying data center. To
document the exemption allowed under this Section, the
retailer must obtain from the purchaser a copy of the
certificate of eligibility issued by the Department of
Commerce and Economic Opportunity.

This item (44) is exempt from the provisions of
Section 2-70.
(45) Beginning January 1, 2020 and through December
31, 2020, sales of tangible personal property made by a
marketplace seller over a marketplace for which tax is due
under this Act but for which use tax has been collected and
remitted to the Department by a marketplace facilitator
under Section 2d of the Use Tax Act are exempt from tax
under this Act. A marketplace seller claiming this
exemption shall maintain books and records demonstrating
that the use tax on such sales has been collected and
remitted by a marketplace facilitator. Marketplace sellers
that have properly remitted tax under this Act on such
sales may file a claim for credit as provided in Section 6
of this Act. No claim is allowed, however, for such taxes
for which a credit or refund has been issued to the
marketplace facilitator under the Use Tax Act, or for
which the marketplace facilitator has filed a claim for
credit or refund under the Use Tax Act.
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
101-629, eff. 2-5-20; 102-16, eff. 6-17-21; 102-634, eff.
8-27-21; revised 11-9-21.)
(35 ILCS 120/3) (from Ch. 120, par. 442)
Sec. 3. Except as provided in this Section, on or before
the twentieth day of each calendar month, every person engaged

in the business of selling tangible personal property at
retail in this State during the preceding calendar month shall
file a return with the Department, stating:
1. The name of the seller;
2. His residence address and the address of his
principal place of business and the address of the
principal place of business (if that is a different
address) from which he engages in the business of selling
tangible personal property at retail in this State;
3. Total amount of receipts received by him during the
preceding calendar month or quarter, as the case may be,
from sales of tangible personal property, and from
services furnished, by him during such preceding calendar
month or quarter;
4. Total amount received by him during the preceding
calendar month or quarter on charge and time sales of
tangible personal property, and from services furnished,
by him prior to the month or quarter for which the return
is filed;
5. Deductions allowed by law;
6. Gross receipts which were received by him during
the preceding calendar month or quarter and upon the basis
of which the tax is imposed;
7. The amount of credit provided in Section 2d of this
Act;
8. The amount of tax due;

9. The signature of the taxpayer; and
10. Such other reasonable information as the
Department may require.
On and after January 1, 2018, except for returns for motor
vehicles, watercraft, aircraft, and trailers that are required
to be registered with an agency of this State, with respect to
retailers whose annual gross receipts average $20,000 or more,
all returns required to be filed pursuant to this Act shall be
filed electronically. Retailers who demonstrate that they do
not have access to the Internet or demonstrate hardship in
filing electronically may petition the Department to waive the
electronic filing requirement.
If a taxpayer fails to sign a return within 30 days after
the proper notice and demand for signature by the Department,
the return shall be considered valid and any amount shown to be
due on the return shall be deemed assessed.
Each return shall be accompanied by the statement of
prepaid tax issued pursuant to Section 2e for which credit is
claimed.
Prior to October 1, 2003, and on and after September 1,
2004 a retailer may accept a Manufacturer's Purchase Credit
certification from a purchaser in satisfaction of Use Tax as
provided in Section 3-85 of the Use Tax Act if the purchaser
provides the appropriate documentation as required by Section
3-85 of the Use Tax Act. A Manufacturer's Purchase Credit
certification, accepted by a retailer prior to October 1, 2003

and on and after September 1, 2004 as provided in Section 3-85
of the Use Tax Act, may be used by that retailer to satisfy
Retailers' Occupation Tax liability in the amount claimed in
the certification, not to exceed 6.25% of the receipts subject
to tax from a qualifying purchase. A Manufacturer's Purchase
Credit reported on any original or amended return filed under
this Act after October 20, 2003 for reporting periods prior to
September 1, 2004 shall be disallowed. Manufacturer's Purchase
Purchaser Credit reported on annual returns due on or after
January 1, 2005 will be disallowed for periods prior to
September 1, 2004. No Manufacturer's Purchase Credit may be
used after September 30, 2003 through August 31, 2004 to
satisfy any tax liability imposed under this Act, including
any audit liability.
The Department may require returns to be filed on a
quarterly basis. If so required, a return for each calendar
quarter shall be filed on or before the twentieth day of the
calendar month following the end of such calendar quarter. The
taxpayer shall also file a return with the Department for each
of the first two months of each calendar quarter, on or before
the twentieth day of the following calendar month, stating:
1. The name of the seller;
2. The address of the principal place of business from
which he engages in the business of selling tangible
personal property at retail in this State;
3. The total amount of taxable receipts received by

him during the preceding calendar month from sales of
tangible personal property by him during such preceding
calendar month, including receipts from charge and time
sales, but less all deductions allowed by law;
4. The amount of credit provided in Section 2d of this
Act;
5. The amount of tax due; and
6. Such other reasonable information as the Department
may require.
Every person engaged in the business of selling aviation
fuel at retail in this State during the preceding calendar
month shall, instead of reporting and paying tax as otherwise
required by this Section, report and pay such tax on a separate
aviation fuel tax return. The requirements related to the
return shall be as otherwise provided in this Section.
Notwithstanding any other provisions of this Act to the
contrary, retailers selling aviation fuel shall file all
aviation fuel tax returns and shall make all aviation fuel tax
payments by electronic means in the manner and form required
by the Department. For purposes of this Section, "aviation
fuel" means jet fuel and aviation gasoline.
Beginning on October 1, 2003, any person who is not a
licensed distributor, importing distributor, or manufacturer,
as defined in the Liquor Control Act of 1934, but is engaged in
the business of selling, at retail, alcoholic liquor shall
file a statement with the Department of Revenue, in a format

and at a time prescribed by the Department, showing the total
amount paid for alcoholic liquor purchased during the
preceding month and such other information as is reasonably
required by the Department. The Department may adopt rules to
require that this statement be filed in an electronic or
telephonic format. Such rules may provide for exceptions from
the filing requirements of this paragraph. For the purposes of
this paragraph, the term "alcoholic liquor" shall have the
meaning prescribed in the Liquor Control Act of 1934.
Beginning on October 1, 2003, every distributor, importing
distributor, and manufacturer of alcoholic liquor as defined
in the Liquor Control Act of 1934, shall file a statement with
the Department of Revenue, no later than the 10th day of the
month for the preceding month during which transactions
occurred, by electronic means, showing the total amount of
gross receipts from the sale of alcoholic liquor sold or
distributed during the preceding month to purchasers;
identifying the purchaser to whom it was sold or distributed;
the purchaser's tax registration number; and such other
information reasonably required by the Department. A
distributor, importing distributor, or manufacturer of
alcoholic liquor must personally deliver, mail, or provide by
electronic means to each retailer listed on the monthly
statement a report containing a cumulative total of that
distributor's, importing distributor's, or manufacturer's
total sales of alcoholic liquor to that retailer no later than

the 10th day of the month for the preceding month during which
the transaction occurred. The distributor, importing
distributor, or manufacturer shall notify the retailer as to
the method by which the distributor, importing distributor, or
manufacturer will provide the sales information. If the
retailer is unable to receive the sales information by
electronic means, the distributor, importing distributor, or
manufacturer shall furnish the sales information by personal
delivery or by mail. For purposes of this paragraph, the term
"electronic means" includes, but is not limited to, the use of
a secure Internet website, e-mail, or facsimile.
If a total amount of less than $1 is payable, refundable or
creditable, such amount shall be disregarded if it is less
than 50 cents and shall be increased to $1 if it is 50 cents or
more.
Notwithstanding any other provision of this Act to the
contrary, retailers subject to tax on cannabis shall file all
cannabis tax returns and shall make all cannabis tax payments
by electronic means in the manner and form required by the
Department.
Beginning October 1, 1993, a taxpayer who has an average
monthly tax liability of $150,000 or more shall make all
payments required by rules of the Department by electronic
funds transfer. Beginning October 1, 1994, a taxpayer who has
an average monthly tax liability of $100,000 or more shall
make all payments required by rules of the Department by

electronic funds transfer. Beginning October 1, 1995, a
taxpayer who has an average monthly tax liability of $50,000
or more shall make all payments required by rules of the
Department by electronic funds transfer. Beginning October 1,
2000, a taxpayer who has an annual tax liability of $200,000 or
more shall make all payments required by rules of the
Department by electronic funds transfer. The term "annual tax
liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local occupation
and use tax laws administered by the Department, for the
immediately preceding calendar year. The term "average monthly
tax liability" shall be the sum of the taxpayer's liabilities
under this Act, and under all other State and local occupation
and use tax laws administered by the Department, for the
immediately preceding calendar year divided by 12. Beginning
on October 1, 2002, a taxpayer who has a tax liability in the
amount set forth in subsection (b) of Section 2505-210 of the
Department of Revenue Law shall make all payments required by
rules of the Department by electronic funds transfer.
Before August 1 of each year beginning in 1993, the
Department shall notify all taxpayers required to make
payments by electronic funds transfer. All taxpayers required
to make payments by electronic funds transfer shall make those
payments for a minimum of one year beginning on October 1.
Any taxpayer not required to make payments by electronic
funds transfer may make payments by electronic funds transfer

with the permission of the Department.
All taxpayers required to make payment by electronic funds
transfer and any taxpayers authorized to voluntarily make
payments by electronic funds transfer shall make those
payments in the manner authorized by the Department.
The Department shall adopt such rules as are necessary to
effectuate a program of electronic funds transfer and the
requirements of this Section.
Any amount which is required to be shown or reported on any
return or other document under this Act shall, if such amount
is not a whole-dollar amount, be increased to the nearest
whole-dollar amount in any case where the fractional part of a
dollar is 50 cents or more, and decreased to the nearest
whole-dollar amount where the fractional part of a dollar is
less than 50 cents.
If the retailer is otherwise required to file a monthly
return and if the retailer's average monthly tax liability to
the Department does not exceed $200, the Department may
authorize his returns to be filed on a quarter annual basis,
with the return for January, February and March of a given year
being due by April 20 of such year; with the return for April,
May and June of a given year being due by July 20 of such year;
with the return for July, August and September of a given year
being due by October 20 of such year, and with the return for
October, November and December of a given year being due by
January 20 of the following year.

If the retailer is otherwise required to file a monthly or
quarterly return and if the retailer's average monthly tax
liability with the Department does not exceed $50, the
Department may authorize his returns to be filed on an annual
basis, with the return for a given year being due by January 20
of the following year.
Such quarter annual and annual returns, as to form and
substance, shall be subject to the same requirements as
monthly returns.
Notwithstanding any other provision in this Act concerning
the time within which a retailer may file his return, in the
case of any retailer who ceases to engage in a kind of business
which makes him responsible for filing returns under this Act,
such retailer shall file a final return under this Act with the
Department not more than one month after discontinuing such
business.
Where the same person has more than one business
registered with the Department under separate registrations
under this Act, such person may not file each return that is
due as a single return covering all such registered
businesses, but shall file separate returns for each such
registered business.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, except as otherwise provided in this
Section, every retailer selling this kind of tangible personal

property shall file, with the Department, upon a form to be
prescribed and supplied by the Department, a separate return
for each such item of tangible personal property which the
retailer sells, except that if, in the same transaction, (i) a
retailer of aircraft, watercraft, motor vehicles or trailers
transfers more than one aircraft, watercraft, motor vehicle or
trailer to another aircraft, watercraft, motor vehicle
retailer or trailer retailer for the purpose of resale or (ii)
a retailer of aircraft, watercraft, motor vehicles, or
trailers transfers more than one aircraft, watercraft, motor
vehicle, or trailer to a purchaser for use as a qualifying
rolling stock as provided in Section 2-5 of this Act, then that
seller may report the transfer of all aircraft, watercraft,
motor vehicles or trailers involved in that transaction to the
Department on the same uniform invoice-transaction reporting
return form. For purposes of this Section, "watercraft" means
a Class 2, Class 3, or Class 4 watercraft as defined in Section
3-2 of the Boat Registration and Safety Act, a personal
watercraft, or any boat equipped with an inboard motor.
In addition, with respect to motor vehicles, watercraft,
aircraft, and trailers that are required to be registered with
an agency of this State, every person who is engaged in the
business of leasing or renting such items and who, in
connection with such business, sells any such item to a
retailer for the purpose of resale is, notwithstanding any
other provision of this Section to the contrary, authorized to

meet the return-filing requirement of this Act by reporting
the transfer of all the aircraft, watercraft, motor vehicles,
or trailers transferred for resale during a month to the
Department on the same uniform invoice-transaction reporting
return form on or before the 20th of the month following the
month in which the transfer takes place. Notwithstanding any
other provision of this Act to the contrary, all returns filed
under this paragraph must be filed by electronic means in the
manner and form as required by the Department.
Any retailer who sells only motor vehicles, watercraft,
aircraft, or trailers that are required to be registered with
an agency of this State, so that all retailers' occupation tax
liability is required to be reported, and is reported, on such
transaction reporting returns and who is not otherwise
required to file monthly or quarterly returns, need not file
monthly or quarterly returns. However, those retailers shall
be required to file returns on an annual basis.
The transaction reporting return, in the case of motor
vehicles or trailers that are required to be registered with
an agency of this State, shall be the same document as the
Uniform Invoice referred to in Section 5-402 of the Illinois
Vehicle Code and must show the name and address of the seller;
the name and address of the purchaser; the amount of the
selling price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the

extent to which Section 1 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling
price; the amount of tax due from the retailer with respect to
such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance,
if that is claimed to be the fact); the place and date of the
sale; a sufficient identification of the property sold; such
other information as is required in Section 5-402 of the
Illinois Vehicle Code, and such other information as the
Department may reasonably require.
The transaction reporting return in the case of watercraft
or aircraft must show the name and address of the seller; the
name and address of the purchaser; the amount of the selling
price including the amount allowed by the retailer for
traded-in property, if any; the amount allowed by the retailer
for the traded-in tangible personal property, if any, to the
extent to which Section 1 of this Act allows an exemption for
the value of traded-in property; the balance payable after
deducting such trade-in allowance from the total selling
price; the amount of tax due from the retailer with respect to
such transaction; the amount of tax collected from the
purchaser by the retailer on such transaction (or satisfactory
evidence that such tax is not due in that particular instance,
if that is claimed to be the fact); the place and date of the

sale, a sufficient identification of the property sold, and
such other information as the Department may reasonably
require.
Such transaction reporting return shall be filed not later
than 20 days after the day of delivery of the item that is
being sold, but may be filed by the retailer at any time sooner
than that if he chooses to do so. The transaction reporting
return and tax remittance or proof of exemption from the
Illinois use tax may be transmitted to the Department by way of
the State agency with which, or State officer with whom the
tangible personal property must be titled or registered (if
titling or registration is required) if the Department and
such agency or State officer determine that this procedure
will expedite the processing of applications for title or
registration.
With each such transaction reporting return, the retailer
shall remit the proper amount of tax due (or shall submit
satisfactory evidence that the sale is not taxable if that is
the case), to the Department or its agents, whereupon the
Department shall issue, in the purchaser's name, a use tax
receipt (or a certificate of exemption if the Department is
satisfied that the particular sale is tax exempt) which such
purchaser may submit to the agency with which, or State
officer with whom, he must title or register the tangible
personal property that is involved (if titling or registration
is required) in support of such purchaser's application for an

Illinois certificate or other evidence of title or
registration to such tangible personal property.
No retailer's failure or refusal to remit tax under this
Act precludes a user, who has paid the proper tax to the
retailer, from obtaining his certificate of title or other
evidence of title or registration (if titling or registration
is required) upon satisfying the Department that such user has
paid the proper tax (if tax is due) to the retailer. The
Department shall adopt appropriate rules to carry out the
mandate of this paragraph.
If the user who would otherwise pay tax to the retailer
wants the transaction reporting return filed and the payment
of the tax or proof of exemption made to the Department before
the retailer is willing to take these actions and such user has
not paid the tax to the retailer, such user may certify to the
fact of such delay by the retailer and may (upon the Department
being satisfied of the truth of such certification) transmit
the information required by the transaction reporting return
and the remittance for tax or proof of exemption directly to
the Department and obtain his tax receipt or exemption
determination, in which event the transaction reporting return
and tax remittance (if a tax payment was required) shall be
credited by the Department to the proper retailer's account
with the Department, but without the 2.1% or 1.75% discount
provided for in this Section being allowed. When the user pays
the tax directly to the Department, he shall pay the tax in the

same amount and in the same form in which it would be remitted
if the tax had been remitted to the Department by the retailer.
Refunds made by the seller during the preceding return
period to purchasers, on account of tangible personal property
returned to the seller, shall be allowed as a deduction under
subdivision 5 of his monthly or quarterly return, as the case
may be, in case the seller had theretofore included the
receipts from the sale of such tangible personal property in a
return filed by him and had paid the tax imposed by this Act
with respect to such receipts.
Where the seller is a corporation, the return filed on
behalf of such corporation shall be signed by the president,
vice-president, secretary or treasurer or by the properly
accredited agent of such corporation.
Where the seller is a limited liability company, the
return filed on behalf of the limited liability company shall
be signed by a manager, member, or properly accredited agent
of the limited liability company.
Except as provided in this Section, the retailer filing
the return under this Section shall, at the time of filing such
return, pay to the Department the amount of tax imposed by this
Act less a discount of 2.1% prior to January 1, 1990 and 1.75%
on and after January 1, 1990, or $5 per calendar year,
whichever is greater, which is allowed to reimburse the
retailer for the expenses incurred in keeping records,
preparing and filing returns, remitting the tax and supplying

data to the Department on request. On and after January 1,
2021, a certified service provider, as defined in the Leveling
the Playing Field for Illinois Retail Act, filing the return
under this Section on behalf of a remote retailer shall, at the
time of such return, pay to the Department the amount of tax
imposed by this Act less a discount of 1.75%. A remote retailer
using a certified service provider to file a return on its
behalf, as provided in the Leveling the Playing Field for
Illinois Retail Act, is not eligible for the discount. The
discount under this Section is not allowed for the 1.25%
portion of taxes paid on aviation fuel that is subject to the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133. Any prepayment made pursuant to Section 2d of this Act
shall be included in the amount on which such 2.1% or 1.75%
discount is computed. In the case of retailers who report and
pay the tax on a transaction by transaction basis, as provided
in this Section, such discount shall be taken with each such
tax remittance instead of when such retailer files his
periodic return. The discount allowed under this Section is
allowed only for returns that are filed in the manner required
by this Act. The Department may disallow the discount for
retailers whose certificate of registration is revoked at the
time the return is filed, but only if the Department's
decision to revoke the certificate of registration has become
final.
Before October 1, 2000, if the taxpayer's average monthly

tax liability to the Department under this Act, the Use Tax
Act, the Service Occupation Tax Act, and the Service Use Tax
Act, excluding any liability for prepaid sales tax to be
remitted in accordance with Section 2d of this Act, was
$10,000 or more during the preceding 4 complete calendar
quarters, he shall file a return with the Department each
month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make
payments to the Department on or before the 7th, 15th, 22nd and
last day of the month during which such liability is incurred.
On and after October 1, 2000, if the taxpayer's average
monthly tax liability to the Department under this Act, the
Use Tax Act, the Service Occupation Tax Act, and the Service
Use Tax Act, excluding any liability for prepaid sales tax to
be remitted in accordance with Section 2d of this Act, was
$20,000 or more during the preceding 4 complete calendar
quarters, he shall file a return with the Department each
month by the 20th day of the month next following the month
during which such tax liability is incurred and shall make
payment to the Department on or before the 7th, 15th, 22nd and
last day of the month during which such liability is incurred.
If the month during which such tax liability is incurred began
prior to January 1, 1985, each payment shall be in an amount
equal to 1/4 of the taxpayer's actual liability for the month
or an amount set by the Department not to exceed 1/4 of the
average monthly liability of the taxpayer to the Department

for the preceding 4 complete calendar quarters (excluding the
month of highest liability and the month of lowest liability
in such 4 quarter period). If the month during which such tax
liability is incurred begins on or after January 1, 1985 and
prior to January 1, 1987, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 27.5% of the taxpayer's liability for the same
calendar month of the preceding year. If the month during
which such tax liability is incurred begins on or after
January 1, 1987 and prior to January 1, 1988, each payment
shall be in an amount equal to 22.5% of the taxpayer's actual
liability for the month or 26.25% of the taxpayer's liability
for the same calendar month of the preceding year. If the month
during which such tax liability is incurred begins on or after
January 1, 1988, and prior to January 1, 1989, or begins on or
after January 1, 1996, each payment shall be in an amount equal
to 22.5% of the taxpayer's actual liability for the month or
25% of the taxpayer's liability for the same calendar month of
the preceding year. If the month during which such tax
liability is incurred begins on or after January 1, 1989, and
prior to January 1, 1996, each payment shall be in an amount
equal to 22.5% of the taxpayer's actual liability for the
month or 25% of the taxpayer's liability for the same calendar
month of the preceding year or 100% of the taxpayer's actual
liability for the quarter monthly reporting period. The amount
of such quarter monthly payments shall be credited against the

final tax liability of the taxpayer's return for that month.
Before October 1, 2000, once applicable, the requirement of
the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $10,000
or more as determined in the manner provided above shall
continue until such taxpayer's average monthly liability to
the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $9,000, or until such
taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding complete
calendar quarter period is less than $10,000. However, if a
taxpayer can show the Department that a substantial change in
the taxpayer's business has occurred which causes the taxpayer
to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $10,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status.
On and after October 1, 2000, once applicable, the requirement
of the making of quarter monthly payments to the Department by
taxpayers having an average monthly tax liability of $20,000
or more as determined in the manner provided above shall
continue until such taxpayer's average monthly liability to
the Department during the preceding 4 complete calendar
quarters (excluding the month of highest liability and the
month of lowest liability) is less than $19,000 or until such

taxpayer's average monthly liability to the Department as
computed for each calendar quarter of the 4 preceding complete
calendar quarter period is less than $20,000. However, if a
taxpayer can show the Department that a substantial change in
the taxpayer's business has occurred which causes the taxpayer
to anticipate that his average monthly tax liability for the
reasonably foreseeable future will fall below the $20,000
threshold stated above, then such taxpayer may petition the
Department for a change in such taxpayer's reporting status.
The Department shall change such taxpayer's reporting status
unless it finds that such change is seasonal in nature and not
likely to be long term. If any such quarter monthly payment is
not paid at the time or in the amount required by this Section,
then the taxpayer shall be liable for penalties and interest
on the difference between the minimum amount due as a payment
and the amount of such quarter monthly payment actually and
timely paid, except insofar as the taxpayer has previously
made payments for that month to the Department in excess of the
minimum payments previously due as provided in this Section.
The Department shall make reasonable rules and regulations to
govern the quarter monthly payment amount and quarter monthly
payment dates for taxpayers who file on other than a calendar
monthly basis.
The provisions of this paragraph apply before October 1,
2001. Without regard to whether a taxpayer is required to make
quarter monthly payments as specified above, any taxpayer who

is required by Section 2d of this Act to collect and remit
prepaid taxes and has collected prepaid taxes which average in
excess of $25,000 per month during the preceding 2 complete
calendar quarters, shall file a return with the Department as
required by Section 2f and shall make payments to the
Department on or before the 7th, 15th, 22nd and last day of the
month during which such liability is incurred. If the month
during which such tax liability is incurred began prior to
September 1, 1985 (the effective date of Public Act 84-221),
each payment shall be in an amount not less than 22.5% of the
taxpayer's actual liability under Section 2d. If the month
during which such tax liability is incurred begins on or after
January 1, 1986, each payment shall be in an amount equal to
22.5% of the taxpayer's actual liability for the month or
27.5% of the taxpayer's liability for the same calendar month
of the preceding calendar year. If the month during which such
tax liability is incurred begins on or after January 1, 1987,
each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 26.25% of the
taxpayer's liability for the same calendar month of the
preceding year. The amount of such quarter monthly payments
shall be credited against the final tax liability of the
taxpayer's return for that month filed under this Section or
Section 2f, as the case may be. Once applicable, the
requirement of the making of quarter monthly payments to the
Department pursuant to this paragraph shall continue until

such taxpayer's average monthly prepaid tax collections during
the preceding 2 complete calendar quarters is $25,000 or less.
If any such quarter monthly payment is not paid at the time or
in the amount required, the taxpayer shall be liable for
penalties and interest on such difference, except insofar as
the taxpayer has previously made payments for that month in
excess of the minimum payments previously due.
The provisions of this paragraph apply on and after
October 1, 2001. Without regard to whether a taxpayer is
required to make quarter monthly payments as specified above,
any taxpayer who is required by Section 2d of this Act to
collect and remit prepaid taxes and has collected prepaid
taxes that average in excess of $20,000 per month during the
preceding 4 complete calendar quarters shall file a return
with the Department as required by Section 2f and shall make
payments to the Department on or before the 7th, 15th, 22nd and
last day of the month during which the liability is incurred.
Each payment shall be in an amount equal to 22.5% of the
taxpayer's actual liability for the month or 25% of the
taxpayer's liability for the same calendar month of the
preceding year. The amount of the quarter monthly payments
shall be credited against the final tax liability of the
taxpayer's return for that month filed under this Section or
Section 2f, as the case may be. Once applicable, the
requirement of the making of quarter monthly payments to the
Department pursuant to this paragraph shall continue until the

taxpayer's average monthly prepaid tax collections during the
preceding 4 complete calendar quarters (excluding the month of
highest liability and the month of lowest liability) is less
than $19,000 or until such taxpayer's average monthly
liability to the Department as computed for each calendar
quarter of the 4 preceding complete calendar quarters is less
than $20,000. If any such quarter monthly payment is not paid
at the time or in the amount required, the taxpayer shall be
liable for penalties and interest on such difference, except
insofar as the taxpayer has previously made payments for that
month in excess of the minimum payments previously due.
If any payment provided for in this Section exceeds the
taxpayer's liabilities under this Act, the Use Tax Act, the
Service Occupation Tax Act and the Service Use Tax Act, as
shown on an original monthly return, the Department shall, if
requested by the taxpayer, issue to the taxpayer a credit
memorandum no later than 30 days after the date of payment. The
credit evidenced by such credit memorandum may be assigned by
the taxpayer to a similar taxpayer under this Act, the Use Tax
Act, the Service Occupation Tax Act or the Service Use Tax Act,
in accordance with reasonable rules and regulations to be
prescribed by the Department. If no such request is made, the
taxpayer may credit such excess payment against tax liability
subsequently to be remitted to the Department under this Act,
the Use Tax Act, the Service Occupation Tax Act or the Service
Use Tax Act, in accordance with reasonable rules and

regulations prescribed by the Department. If the Department
subsequently determined that all or any part of the credit
taken was not actually due to the taxpayer, the taxpayer's
2.1% and 1.75% vendor's discount shall be reduced by 2.1% or
1.75% of the difference between the credit taken and that
actually due, and that taxpayer shall be liable for penalties
and interest on such difference.
If a retailer of motor fuel is entitled to a credit under
Section 2d of this Act which exceeds the taxpayer's liability
to the Department under this Act for the month for which the
taxpayer is filing a return, the Department shall issue the
taxpayer a credit memorandum for the excess.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund, a special fund in the
State treasury which is hereby created, the net revenue
realized for the preceding month from the 1% tax imposed under
this Act.
Beginning January 1, 1990, each month the Department shall
pay into the County and Mass Transit District Fund, a special
fund in the State treasury which is hereby created, 4% of the
net revenue realized for the preceding month from the 6.25%
general rate other than aviation fuel sold on or after
December 1, 2019. This exception for aviation fuel only
applies for so long as the revenue use requirements of 49
U.S.C. 47107(b) and 49 U.S.C. 47133 are binding on the State.
Beginning August 1, 2000, each month the Department shall

pay into the County and Mass Transit District Fund 20% of the
net revenue realized for the preceding month from the 1.25%
rate on the selling price of motor fuel and gasohol. Beginning
September 1, 2010, each month the Department shall pay into
the County and Mass Transit District Fund 20% of the net
revenue realized for the preceding month from the 1.25% rate
on the selling price of sales tax holiday items.
Beginning January 1, 1990, each month the Department shall
pay into the Local Government Tax Fund 16% of the net revenue
realized for the preceding month from the 6.25% general rate
on the selling price of tangible personal property other than
aviation fuel sold on or after December 1, 2019. This
exception for aviation fuel only applies for so long as the
revenue use requirements of 49 U.S.C. 47107(b) and 49 U.S.C.
47133 are binding on the State.
For aviation fuel sold on or after December 1, 2019, each
month the Department shall pay into the State Aviation Program
Fund 20% of the net revenue realized for the preceding month
from the 6.25% general rate on the selling price of aviation
fuel, less an amount estimated by the Department to be
required for refunds of the 20% portion of the tax on aviation
fuel under this Act, which amount shall be deposited into the
Aviation Fuel Sales Tax Refund Fund. The Department shall only
pay moneys into the State Aviation Program Fund and the
Aviation Fuel Sales Tax Refund Fund under this Act for so long
as the revenue use requirements of 49 U.S.C. 47107(b) and 49

U.S.C. 47133 are binding on the State.
Beginning August 1, 2000, each month the Department shall
pay into the Local Government Tax Fund 80% of the net revenue
realized for the preceding month from the 1.25% rate on the
selling price of motor fuel and gasohol. Beginning September
1, 2010, each month the Department shall pay into the Local
Government Tax Fund 80% of the net revenue realized for the
preceding month from the 1.25% rate on the selling price of
sales tax holiday items.
Beginning October 1, 2009, each month the Department shall
pay into the Capital Projects Fund an amount that is equal to
an amount estimated by the Department to represent 80% of the
net revenue realized for the preceding month from the sale of
candy, grooming and hygiene products, and soft drinks that had
been taxed at a rate of 1% prior to September 1, 2009 but that
are now taxed at 6.25%.
Beginning July 1, 2011, each month the Department shall
pay into the Clean Air Act Permit Fund 80% of the net revenue
realized for the preceding month from the 6.25% general rate
on the selling price of sorbents used in Illinois in the
process of sorbent injection as used to comply with the
Environmental Protection Act or the federal Clean Air Act, but
the total payment into the Clean Air Act Permit Fund under this
Act and the Use Tax Act shall not exceed $2,000,000 in any
fiscal year.
Beginning July 1, 2013, each month the Department shall

pay into the Underground Storage Tank Fund from the proceeds
collected under this Act, the Use Tax Act, the Service Use Tax
Act, and the Service Occupation Tax Act an amount equal to the
average monthly deficit in the Underground Storage Tank Fund
during the prior year, as certified annually by the Illinois
Environmental Protection Agency, but the total payment into
the Underground Storage Tank Fund under this Act, the Use Tax
Act, the Service Use Tax Act, and the Service Occupation Tax
Act shall not exceed $18,000,000 in any State fiscal year. As
used in this paragraph, the "average monthly deficit" shall be
equal to the difference between the average monthly claims for
payment by the fund and the average monthly revenues deposited
into the fund, excluding payments made pursuant to this
paragraph.
Beginning July 1, 2015, of the remainder of the moneys
received by the Department under the Use Tax Act, the Service
Use Tax Act, the Service Occupation Tax Act, and this Act, each
month the Department shall deposit $500,000 into the State
Crime Laboratory Fund.
Of the remainder of the moneys received by the Department
pursuant to this Act, (a) 1.75% thereof shall be paid into the
Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
and after July 1, 1989, 3.8% thereof shall be paid into the
Build Illinois Fund; provided, however, that if in any fiscal
year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
may be, of the moneys received by the Department and required

to be paid into the Build Illinois Fund pursuant to this Act,
Section 9 of the Use Tax Act, Section 9 of the Service Use Tax
Act, and Section 9 of the Service Occupation Tax Act, such Acts
being hereinafter called the "Tax Acts" and such aggregate of
2.2% or 3.8%, as the case may be, of moneys being hereinafter
called the "Tax Act Amount", and (2) the amount transferred to
the Build Illinois Fund from the State and Local Sales Tax
Reform Fund shall be less than the Annual Specified Amount (as
hereinafter defined), an amount equal to the difference shall
be immediately paid into the Build Illinois Fund from other
moneys received by the Department pursuant to the Tax Acts;
the "Annual Specified Amount" means the amounts specified
below for fiscal years 1986 through 1993:
Fiscal Year Annual Specified Amount
1986 $54,800,000
1987 $76,650,000
1988 $80,480,000
1989 $88,510,000
1990 $115,330,000
1991 $145,470,000
1992 $182,730,000
1993 $206,520,000;
and means the Certified Annual Debt Service Requirement (as
defined in Section 13 of the Build Illinois Bond Act) or the
Tax Act Amount, whichever is greater, for fiscal year 1994 and
each fiscal year thereafter; and further provided, that if on

the last business day of any month the sum of (1) the Tax Act
Amount required to be deposited into the Build Illinois Bond
Account in the Build Illinois Fund during such month and (2)
the amount transferred to the Build Illinois Fund from the
State and Local Sales Tax Reform Fund shall have been less than
1/12 of the Annual Specified Amount, an amount equal to the
difference shall be immediately paid into the Build Illinois
Fund from other moneys received by the Department pursuant to
the Tax Acts; and, further provided, that in no event shall the
payments required under the preceding proviso result in
aggregate payments into the Build Illinois Fund pursuant to
this clause (b) for any fiscal year in excess of the greater of
(i) the Tax Act Amount or (ii) the Annual Specified Amount for
such fiscal year. The amounts payable into the Build Illinois
Fund under clause (b) of the first sentence in this paragraph
shall be payable only until such time as the aggregate amount
on deposit under each trust indenture securing Bonds issued
and outstanding pursuant to the Build Illinois Bond Act is
sufficient, taking into account any future investment income,
to fully provide, in accordance with such indenture, for the
defeasance of or the payment of the principal of, premium, if
any, and interest on the Bonds secured by such indenture and on
any Bonds expected to be issued thereafter and all fees and
costs payable with respect thereto, all as certified by the
Director of the Bureau of the Budget (now Governor's Office of
Management and Budget). If on the last business day of any

month in which Bonds are outstanding pursuant to the Build
Illinois Bond Act, the aggregate of moneys deposited in the
Build Illinois Bond Account in the Build Illinois Fund in such
month shall be less than the amount required to be transferred
in such month from the Build Illinois Bond Account to the Build
Illinois Bond Retirement and Interest Fund pursuant to Section
13 of the Build Illinois Bond Act, an amount equal to such
deficiency shall be immediately paid from other moneys
received by the Department pursuant to the Tax Acts to the
Build Illinois Fund; provided, however, that any amounts paid
to the Build Illinois Fund in any fiscal year pursuant to this
sentence shall be deemed to constitute payments pursuant to
clause (b) of the first sentence of this paragraph and shall
reduce the amount otherwise payable for such fiscal year
pursuant to that clause (b). The moneys received by the
Department pursuant to this Act and required to be deposited
into the Build Illinois Fund are subject to the pledge, claim
and charge set forth in Section 12 of the Build Illinois Bond
Act.
Subject to payment of amounts into the Build Illinois Fund
as provided in the preceding paragraph or in any amendment
thereto hereafter enacted, the following specified monthly
installment of the amount requested in the certificate of the
Chairman of the Metropolitan Pier and Exposition Authority
provided under Section 8.25f of the State Finance Act, but not
in excess of sums designated as "Total Deposit", shall be

deposited in the aggregate from collections under Section 9 of
the Use Tax Act, Section 9 of the Service Use Tax Act, Section
9 of the Service Occupation Tax Act, and Section 3 of the
Retailers' Occupation Tax Act into the McCormick Place
Expansion Project Fund in the specified fiscal years.
Fiscal Year Total Deposit
1993 $0
1994 53,000,000
1995 58,000,000
1996 61,000,000
1997 64,000,000
1998 68,000,000
1999 71,000,000
2000 75,000,000
2001 80,000,000
2002 93,000,000
2003 99,000,000
2004 103,000,000
2005 108,000,000
2006 113,000,000
2007 119,000,000
2008 126,000,000
2009 132,000,000
2010 139,000,000
2011 146,000,000
2012 153,000,000

2013 161,000,000
2014 170,000,000
2015 179,000,000
2016 189,000,000
2017 199,000,000
2018 210,000,000
2019 221,000,000
2020 233,000,000
2021 300,000,000
2022 300,000,000
2023 300,000,000
2024 300,000,000
2025 300,000,000
2026 300,000,000
2027 375,000,000
2028 375,000,000
2029 375,000,000
2030 375,000,000
2031 375,000,000
2032 375,000,000
2033 375,000,000
2034 375,000,000
2035 375,000,000
2036 450,000,000
and
each fiscal year

thereafter that bonds
are outstanding under
Section 13.2 of the
Metropolitan Pier and
Exposition Authority Act,
but not after fiscal year 2060.
Beginning July 20, 1993 and in each month of each fiscal
year thereafter, one-eighth of the amount requested in the
certificate of the Chairman of the Metropolitan Pier and
Exposition Authority for that fiscal year, less the amount
deposited into the McCormick Place Expansion Project Fund by
the State Treasurer in the respective month under subsection
(g) of Section 13 of the Metropolitan Pier and Exposition
Authority Act, plus cumulative deficiencies in the deposits
required under this Section for previous months and years,
shall be deposited into the McCormick Place Expansion Project
Fund, until the full amount requested for the fiscal year, but
not in excess of the amount specified above as "Total
Deposit", has been deposited.
Subject to payment of amounts into the Capital Projects
Fund, the Clean Air Act Permit Fund, the Build Illinois Fund,
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, for aviation fuel sold on or after December 1, 2019,
the Department shall each month deposit into the Aviation Fuel
Sales Tax Refund Fund an amount estimated by the Department to

be required for refunds of the 80% portion of the tax on
aviation fuel under this Act. The Department shall only
deposit moneys into the Aviation Fuel Sales Tax Refund Fund
under this paragraph for so long as the revenue use
requirements of 49 U.S.C. 47107(b) and 49 U.S.C. 47133 are
binding on the State.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning July 1, 1993 and ending on September 30,
2013, the Department shall each month pay into the Illinois
Tax Increment Fund 0.27% of 80% of the net revenue realized for
the preceding month from the 6.25% general rate on the selling
price of tangible personal property.
Subject to payment of amounts into the Build Illinois Fund
and the McCormick Place Expansion Project Fund pursuant to the
preceding paragraphs or in any amendments thereto hereafter
enacted, beginning with the receipt of the first report of
taxes paid by an eligible business and continuing for a
25-year period, the Department shall each month pay into the
Energy Infrastructure Fund 80% of the net revenue realized
from the 6.25% general rate on the selling price of
Illinois-mined coal that was sold to an eligible business. For
purposes of this paragraph, the term "eligible business" means
a new electric generating facility certified pursuant to
Section 605-332 of the Department of Commerce and Economic

Opportunity Law of the Civil Administrative Code of Illinois.
Subject to payment of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, and the Energy Infrastructure Fund
pursuant to the preceding paragraphs or in any amendments to
this Section hereafter enacted, beginning on the first day of
the first calendar month to occur on or after August 26, 2014
(the effective date of Public Act 98-1098), each month, from
the collections made under Section 9 of the Use Tax Act,
Section 9 of the Service Use Tax Act, Section 9 of the Service
Occupation Tax Act, and Section 3 of the Retailers' Occupation
Tax Act, the Department shall pay into the Tax Compliance and
Administration Fund, to be used, subject to appropriation, to
fund additional auditors and compliance personnel at the
Department of Revenue, an amount equal to 1/12 of 5% of 80% of
the cash receipts collected during the preceding fiscal year
by the Audit Bureau of the Department under the Use Tax Act,
the Service Use Tax Act, the Service Occupation Tax Act, the
Retailers' Occupation Tax Act, and associated local occupation
and use taxes administered by the Department.
Subject to payments of amounts into the Build Illinois
Fund, the McCormick Place Expansion Project Fund, the Illinois
Tax Increment Fund, the Energy Infrastructure Fund, and the
Tax Compliance and Administration Fund as provided in this
Section, beginning on July 1, 2018 the Department shall pay
each month into the Downstate Public Transportation Fund the

moneys required to be so paid under Section 2-3 of the
Downstate Public Transportation Act.
Subject to successful execution and delivery of a
public-private agreement between the public agency and private
entity and completion of the civic build, beginning on July 1,
2023, of the remainder of the moneys received by the
Department under the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and this Act, the Department shall
deposit the following specified deposits in the aggregate from
collections under the Use Tax Act, the Service Use Tax Act, the
Service Occupation Tax Act, and the Retailers' Occupation Tax
Act, as required under Section 8.25g of the State Finance Act
for distribution consistent with the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
The moneys received by the Department pursuant to this Act and
required to be deposited into the Civic and Transit
Infrastructure Fund are subject to the pledge, claim and
charge set forth in Section 25-55 of the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
As used in this paragraph, "civic build", "private entity",
"public-private agreement", and "public agency" have the
meanings provided in Section 25-10 of the Public-Private
Partnership for Civic and Transit Infrastructure Project Act.
Fiscal Year.............................Total Deposit
2024.....................................$200,000,000
2025....................................$206,000,000

2026....................................$212,200,000
2027....................................$218,500,000
2028....................................$225,100,000
2029....................................$288,700,000
2030....................................$298,900,000
2031....................................$309,300,000
2032....................................$320,100,000
2033....................................$331,200,000
2034....................................$341,200,000
2035....................................$351,400,000
2036....................................$361,900,000
2037....................................$372,800,000
2038....................................$384,000,000
2039....................................$395,500,000
2040....................................$407,400,000
2041....................................$419,600,000
2042....................................$432,200,000
2043....................................$445,100,000
Beginning July 1, 2021 and until July 1, 2022, subject to
the payment of amounts into the County and Mass Transit
District Fund, the Local Government Tax Fund, the Build
Illinois Fund, the McCormick Place Expansion Project Fund, the
Illinois Tax Increment Fund, the Energy Infrastructure Fund,
and the Tax Compliance and Administration Fund as provided in
this Section, the Department shall pay each month into the
Road Fund the amount estimated to represent 16% of the net

revenue realized from the taxes imposed on motor fuel and
gasohol. Beginning July 1, 2022 and until July 1, 2023,
subject to the payment of amounts into the County and Mass
Transit District Fund, the Local Government Tax Fund, the
Build Illinois Fund, the McCormick Place Expansion Project
Fund, the Illinois Tax Increment Fund, the Energy
Infrastructure Fund, and the Tax Compliance and Administration
Fund as provided in this Section, the Department shall pay
each month into the Road Fund the amount estimated to
represent 32% of the net revenue realized from the taxes
imposed on motor fuel and gasohol. Beginning July 1, 2023 and
until July 1, 2024, subject to the payment of amounts into the
County and Mass Transit District Fund, the Local Government
Tax Fund, the Build Illinois Fund, the McCormick Place
Expansion Project Fund, the Illinois Tax Increment Fund, the
Energy Infrastructure Fund, and the Tax Compliance and
Administration Fund as provided in this Section, the
Department shall pay each month into the Road Fund the amount
estimated to represent 48% of the net revenue realized from
the taxes imposed on motor fuel and gasohol. Beginning July 1,
2024 and until July 1, 2025, subject to the payment of amounts
into the County and Mass Transit District Fund, the Local
Government Tax Fund, the Build Illinois Fund, the McCormick
Place Expansion Project Fund, the Illinois Tax Increment Fund,
the Energy Infrastructure Fund, and the Tax Compliance and
Administration Fund as provided in this Section, the

Department shall pay each month into the Road Fund the amount
estimated to represent 64% of the net revenue realized from
the taxes imposed on motor fuel and gasohol. Beginning on July
1, 2025, subject to the payment of amounts into the County and
Mass Transit District Fund, the Local Government Tax Fund, the
Build Illinois Fund, the McCormick Place Expansion Project
Fund, the Illinois Tax Increment Fund, the Energy
Infrastructure Fund, and the Tax Compliance and Administration
Fund as provided in this Section, the Department shall pay
each month into the Road Fund the amount estimated to
represent 80% of the net revenue realized from the taxes
imposed on motor fuel and gasohol. As used in this paragraph
"motor fuel" has the meaning given to that term in Section 1.1
of the Motor Fuel Tax Act, and "gasohol" has the meaning given
to that term in Section 3-40 of the Use Tax Act.
Of the remainder of the moneys received by the Department
pursuant to this Act, 75% thereof shall be paid into the State
Treasury and 25% shall be reserved in a special account and
used only for the transfer to the Common School Fund as part of
the monthly transfer from the General Revenue Fund in
accordance with Section 8a of the State Finance Act.
The Department may, upon separate written notice to a
taxpayer, require the taxpayer to prepare and file with the
Department on a form prescribed by the Department within not
less than 60 days after receipt of the notice an annual
information return for the tax year specified in the notice.

Such annual return to the Department shall include a statement
of gross receipts as shown by the retailer's last Federal
income tax return. If the total receipts of the business as
reported in the Federal income tax return do not agree with the
gross receipts reported to the Department of Revenue for the
same period, the retailer shall attach to his annual return a
schedule showing a reconciliation of the 2 amounts and the
reasons for the difference. The retailer's annual return to
the Department shall also disclose the cost of goods sold by
the retailer during the year covered by such return, opening
and closing inventories of such goods for such year, costs of
goods used from stock or taken from stock and given away by the
retailer during such year, payroll information of the
retailer's business during such year and any additional
reasonable information which the Department deems would be
helpful in determining the accuracy of the monthly, quarterly
or annual returns filed by such retailer as provided for in
this Section.
If the annual information return required by this Section
is not filed when and as required, the taxpayer shall be liable
as follows:
(i) Until January 1, 1994, the taxpayer shall be
liable for a penalty equal to 1/6 of 1% of the tax due from
such taxpayer under this Act during the period to be
covered by the annual return for each month or fraction of
a month until such return is filed as required, the

penalty to be assessed and collected in the same manner as
any other penalty provided for in this Act.
(ii) On and after January 1, 1994, the taxpayer shall
be liable for a penalty as described in Section 3-4 of the
Uniform Penalty and Interest Act.
The chief executive officer, proprietor, owner or highest
ranking manager shall sign the annual return to certify the
accuracy of the information contained therein. Any person who
willfully signs the annual return containing false or
inaccurate information shall be guilty of perjury and punished
accordingly. The annual return form prescribed by the
Department shall include a warning that the person signing the
return may be liable for perjury.
The provisions of this Section concerning the filing of an
annual information return do not apply to a retailer who is not
required to file an income tax return with the United States
Government.
As soon as possible after the first day of each month, upon
certification of the Department of Revenue, the Comptroller
shall order transferred and the Treasurer shall transfer from
the General Revenue Fund to the Motor Fuel Tax Fund an amount
equal to 1.7% of 80% of the net revenue realized under this Act
for the second preceding month. Beginning April 1, 2000, this
transfer is no longer required and shall not be made.
Net revenue realized for a month shall be the revenue
collected by the State pursuant to this Act, less the amount

paid out during that month as refunds to taxpayers for
overpayment of liability.
For greater simplicity of administration, manufacturers,
importers and wholesalers whose products are sold at retail in
Illinois by numerous retailers, and who wish to do so, may
assume the responsibility for accounting and paying to the
Department all tax accruing under this Act with respect to
such sales, if the retailers who are affected do not make
written objection to the Department to this arrangement.
Any person who promotes, organizes, provides retail
selling space for concessionaires or other types of sellers at
the Illinois State Fair, DuQuoin State Fair, county fairs,
local fairs, art shows, flea markets and similar exhibitions
or events, including any transient merchant as defined by
Section 2 of the Transient Merchant Act of 1987, is required to
file a report with the Department providing the name of the
merchant's business, the name of the person or persons engaged
in merchant's business, the permanent address and Illinois
Retailers Occupation Tax Registration Number of the merchant,
the dates and location of the event and other reasonable
information that the Department may require. The report must
be filed not later than the 20th day of the month next
following the month during which the event with retail sales
was held. Any person who fails to file a report required by
this Section commits a business offense and is subject to a
fine not to exceed $250.

Any person engaged in the business of selling tangible
personal property at retail as a concessionaire or other type
of seller at the Illinois State Fair, county fairs, art shows,
flea markets and similar exhibitions or events, or any
transient merchants, as defined by Section 2 of the Transient
Merchant Act of 1987, may be required to make a daily report of
the amount of such sales to the Department and to make a daily
payment of the full amount of tax due. The Department shall
impose this requirement when it finds that there is a
significant risk of loss of revenue to the State at such an
exhibition or event. Such a finding shall be based on evidence
that a substantial number of concessionaires or other sellers
who are not residents of Illinois will be engaging in the
business of selling tangible personal property at retail at
the exhibition or event, or other evidence of a significant
risk of loss of revenue to the State. The Department shall
notify concessionaires and other sellers affected by the
imposition of this requirement. In the absence of notification
by the Department, the concessionaires and other sellers shall
file their returns as otherwise required in this Section.
(Source: P.A. 101-10, Article 15, Section 15-25, eff. 6-5-19;
101-10, Article 25, Section 25-120, eff. 6-5-19; 101-27, eff.
6-25-19; 101-32, eff. 6-28-19; 101-604, eff. 12-13-19;
101-636, eff. 6-10-20; 102-634, eff. 8-27-21; revised
12-7-21.)

Section 260. The Property Tax Code is amended by changing
Sections 18-185, 21-260, and 22-10 as follows:
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5
may be cited as the Property Tax Extension Limitation Law. As
used in this Division 5:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the rate
of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000 or
more inhabitants.
"Taxing district" has the same meaning provided in Section
1-150, except as otherwise provided in this Section. For the
1991 through 1994 levy years only, "taxing district" includes
only each non-home rule taxing district having the majority of
its 1990 equalized assessed value within any county or
counties contiguous to a county with 3,000,000 or more
inhabitants. Beginning with the 1995 levy year, "taxing
district" includes only each non-home rule taxing district
subject to this Law before the 1995 levy year and each non-home

rule taxing district not subject to this Law before the 1995
levy year having the majority of its 1994 equalized assessed
value in an affected county or counties. Beginning with the
levy year in which this Law becomes applicable to a taxing
district as provided in Section 18-213, "taxing district" also
includes those taxing districts made subject to this Law as
provided in Section 18-213.
"Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made
for any taxing district to pay interest or principal on
general obligation bonds issued before October 1, 1991; (c)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds
issued before October 1, 1991; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after October 1,
1991 that were approved by referendum; (e) made for any taxing
district to pay interest or principal on revenue bonds issued
before October 1, 1991 for payment of which a property tax levy
or the full faith and credit of the unit of local government is
pledged; however, a tax for the payment of interest or

principal on those bonds shall be made only after the
governing body of the unit of local government finds that all
other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before October 1, 1991, to pay for the
building project; (g) made for payments due under installment
contracts entered into before October 1, 1991; (h) made for
payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance
construction projects initiated before October 1, 1991; (i)
made for payments of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform
Act, in an amount not to exceed the debt service extension base
less the amount in items (b), (c), (e), and (h) of this
definition for non-referendum obligations, except obligations
initially issued pursuant to referendum; (j) made for payments
of principal and interest on bonds issued under Section 15 of
the Local Government Debt Reform Act; (k) made by a school
district that participates in the Special Education District
of Lake County, created by special education joint agreement
under Section 10-22.31 of the School Code, for payment of the
school district's share of the amounts required to be
contributed by the Special Education District of Lake County
to the Illinois Municipal Retirement Fund under Article 7 of
the Illinois Pension Code; the amount of any extension under

this item (k) shall be certified by the school district to the
county clerk; (l) made to fund expenses of providing joint
recreational programs for persons with disabilities under
Section 5-8 of the Park District Code or Section 11-95-14 of
the Illinois Municipal Code; (m) made for temporary relocation
loan repayment purposes pursuant to Sections 2-3.77 and
17-2.2d of the School Code; (n) made for payment of principal
and interest on any bonds issued under the authority of
Section 17-2.2d of the School Code; (o) made for contributions
to a firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code;
and (p) made for road purposes in the first year after a
township assumes the rights, powers, duties, assets, property,
liabilities, obligations, and responsibilities of a road
district abolished under the provisions of Section 6-133 of
the Illinois Highway Code.
"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except taxing
districts subject to this Law in accordance with Section
18-213) means the annual corporate extension for the taxing
district and those special purpose extensions that are made
annually for the taxing district, excluding special purpose
extensions: (a) made for the taxing district to pay interest
or principal on general obligation bonds that were approved by
referendum; (b) made for any taxing district to pay interest

or principal on general obligation bonds issued before March
1, 1995; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund
those bonds issued before March 1, 1995; (d) made for any
taxing district to pay interest or principal on bonds issued
to refund or continue to refund bonds issued after March 1,
1995 that were approved by referendum; (e) made for any taxing
district to pay interest or principal on revenue bonds issued
before March 1, 1995 for payment of which a property tax levy
or the full faith and credit of the unit of local government is
pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the
governing body of the unit of local government finds that all
other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before March 1, 1995 to pay for the
building project; (g) made for payments due under installment
contracts entered into before March 1, 1995; (h) made for
payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance
construction projects initiated before October 1, 1991; (h-4)
made for stormwater management purposes by the Metropolitan
Water Reclamation District of Greater Chicago under Section 12
of the Metropolitan Water Reclamation District Act; (i) made
for payments of principal and interest on limited bonds, as

defined in Section 3 of the Local Government Debt Reform Act,
in an amount not to exceed the debt service extension base less
the amount in items (b), (c), and (e) of this definition for
non-referendum obligations, except obligations initially
issued pursuant to referendum and bonds described in
subsection (h) of this definition; (j) made for payments of
principal and interest on bonds issued under Section 15 of the
Local Government Debt Reform Act; (k) made for payments of
principal and interest on bonds authorized by Public Act
88-503 and issued under Section 20a of the Chicago Park
District Act for aquarium or museum projects and bonds issued
under Section 20a of the Chicago Park District Act for the
purpose of making contributions to the pension fund
established under Article 12 of the Illinois Pension Code; (l)
made for payments of principal and interest on bonds
authorized by Public Act 87-1191 or 93-601 and (i) issued
pursuant to Section 21.2 of the Cook County Forest Preserve
District Act, (ii) issued under Section 42 of the Cook County
Forest Preserve District Act for zoological park projects, or
(iii) issued under Section 44.1 of the Cook County Forest
Preserve District Act for botanical gardens projects; (m) made
pursuant to Section 34-53.5 of the School Code, whether levied
annually or not; (n) made to fund expenses of providing joint
recreational programs for persons with disabilities under
Section 5-8 of the Park District Code or Section 11-95-14 of
the Illinois Municipal Code; (o) made by the Chicago Park

District for recreational programs for persons with
disabilities under subsection (c) of Section 7.06 of the
Chicago Park District Act; (p) made for contributions to a
firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code;
(q) made by Ford Heights School District 169 under Section
17-9.02 of the School Code; and (r) made for the purpose of
making employer contributions to the Public School Teachers'
Pension and Retirement Fund of Chicago under Section 34-53 of
the School Code.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except for
those taxing districts subject to paragraph (2) of subsection
(e) of Section 18-213, means the annual corporate extension
for the taxing district and those special purpose extensions
that are made annually for the taxing district, excluding
special purpose extensions: (a) made for the taxing district
to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district
to pay interest or principal on general obligation bonds
issued before the date on which the referendum making this Law
applicable to the taxing district is held; (c) made for any
taxing district to pay interest or principal on bonds issued
to refund or continue to refund those bonds issued before the
date on which the referendum making this Law applicable to the

taxing district is held; (d) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the date on which the
referendum making this Law applicable to the taxing district
is held if the bonds were approved by referendum after the date
on which the referendum making this Law applicable to the
taxing district is held; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
date on which the referendum making this Law applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before the date on which the
referendum making this Law applicable to the taxing district
is held to pay for the building project; (g) made for payments
due under installment contracts entered into before the date
on which the referendum making this Law applicable to the
taxing district is held; (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),

(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest on
bonds issued under Section 15 of the Local Government Debt
Reform Act; (j) made for a qualified airport authority to pay
interest or principal on general obligation bonds issued for
the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to such
a contract taking effect on or after that date); (k) made to
fund expenses of providing joint recreational programs for
persons with disabilities under Section 5-8 of the Park
District Code or Section 11-95-14 of the Illinois Municipal
Code; (l) made for contributions to a firefighter's pension
fund created under Article 4 of the Illinois Pension Code, to
the extent of the amount certified under item (5) of Section
4-134 of the Illinois Pension Code; and (m) made for the taxing
district to pay interest or principal on general obligation
bonds issued pursuant to Section 19-3.10 of the School Code.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with paragraph (2) of
subsection (e) of Section 18-213 means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing

district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before March 7, 1997 (the effective
date of Public Act 89-718); (c) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before March 7, 1997
(the effective date of Public Act 89-718); (d) made for any
taxing district to pay interest or principal on bonds issued
to refund or continue to refund bonds issued after March 7,
1997 (the effective date of Public Act 89-718) if the bonds
were approved by referendum after March 7, 1997 (the effective
date of Public Act 89-718); (e) made for any taxing district to
pay interest or principal on revenue bonds issued before March
7, 1997 (the effective date of Public Act 89-718) for payment
of which a property tax levy or the full faith and credit of
the unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before March 7,
1997 (the effective date of Public Act 89-718) to pay for the
building project; (g) made for payments due under installment
contracts entered into before March 7, 1997 (the effective

date of Public Act 89-718); (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest on
bonds issued under Section 15 of the Local Government Debt
Reform Act; (j) made for a qualified airport authority to pay
interest or principal on general obligation bonds issued for
the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to such
a contract taking effect on or after that date); (k) made to
fund expenses of providing joint recreational programs for
persons with disabilities under Section 5-8 of the Park
District Code or Section 11-95-14 of the Illinois Municipal
Code; and (l) made for contributions to a firefighter's
pension fund created under Article 4 of the Illinois Pension
Code, to the extent of the amount certified under item (5) of
Section 4-134 of the Illinois Pension Code.
"Debt service extension base" means an amount equal to
that portion of the extension for a taxing district for the
1994 levy year, or for those taxing districts subject to this
Law in accordance with Section 18-213, except for those

subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the referendum making this Law
applicable to the taxing district is held, or for those taxing
districts subject to this Law in accordance with paragraph (2)
of subsection (e) of Section 18-213 for the 1996 levy year,
constituting an extension for payment of principal and
interest on bonds issued by the taxing district without
referendum, but not including excluded non-referendum bonds.
For park districts (i) that were first subject to this Law in
1991 or 1995 and (ii) whose extension for the 1994 levy year
for the payment of principal and interest on bonds issued by
the park district without referendum (but not including
excluded non-referendum bonds) was less than 51% of the amount
for the 1991 levy year constituting an extension for payment
of principal and interest on bonds issued by the park district
without referendum (but not including excluded non-referendum
bonds), "debt service extension base" means an amount equal to
that portion of the extension for the 1991 levy year
constituting an extension for payment of principal and
interest on bonds issued by the park district without
referendum (but not including excluded non-referendum bonds).
A debt service extension base established or increased at any
time pursuant to any provision of this Law, except Section
18-212, shall be increased each year commencing with the later
of (i) the 2009 levy year or (ii) the first levy year in which
this Law becomes applicable to the taxing district, by the

lesser of 5% or the percentage increase in the Consumer Price
Index during the 12-month calendar year preceding the levy
year. The debt service extension base may be established or
increased as provided under Section 18-212. "Excluded
non-referendum bonds" means (i) bonds authorized by Public Act
88-503 and issued under Section 20a of the Chicago Park
District Act for aquarium and museum projects; (ii) bonds
issued under Section 15 of the Local Government Debt Reform
Act; or (iii) refunding obligations issued to refund or to
continue to refund obligations initially issued pursuant to
referendum.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant
to Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not.
The extension for a special service area is not included in the
aggregate extension.
"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-135, 18-215, 18-230, 18-206, and 18-233. An adjustment
under Section 18-135 shall be made for the 2007 levy year and
all subsequent levy years whenever one or more counties within
which a taxing district is located (i) used estimated
valuations or rates when extending taxes in the taxing

district for the last preceding levy year that resulted in the
over or under extension of taxes, or (ii) increased or
decreased the tax extension for the last preceding levy year
as required by Section 18-135(c). Whenever an adjustment is
required under Section 18-135, the aggregate extension base of
the taxing district shall be equal to the amount that the
aggregate extension of the taxing district would have been for
the last preceding levy year if either or both (i) actual,
rather than estimated, valuations or rates had been used to
calculate the extension of taxes for the last levy year, or
(ii) the tax extension for the last preceding levy year had not
been adjusted as required by subsection (c) of Section 18-135.
Notwithstanding any other provision of law, for levy year
2012, the aggregate extension base for West Northfield School
District No. 31 in Cook County shall be $12,654,592.
Notwithstanding any other provision of law, for levy year
2022, the aggregate extension base of a home equity assurance
program that levied at least $1,000,000 in property taxes in
levy year 2019 or 2020 under the Home Equity Assurance Act
shall be the amount that the program's aggregate extension
base for levy year 2021 would have been if the program had
levied a property tax for levy year 2021.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new

improvements or additions to existing improvements on any
parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the
equalization factor issued by the Department under Section
17-30, (ii) the assessed value, after final board of review or
board of appeals action, of real property not exempt from real
estate taxation, which real property was exempt from real
estate taxation for any portion of the immediately preceding
levy year, multiplied by the equalization factor issued by the
Department under Section 17-30, including the assessed value,
upon final stabilization of occupancy after new construction
is complete, of any real property located within the
boundaries of an otherwise or previously exempt military
reservation that is intended for residential use and owned by
or leased to a private corporation or other entity, (iii) in
counties that classify in accordance with Section 4 of Article
IX of the Illinois Constitution, an incentive property's
additional assessed value resulting from a scheduled increase
in the level of assessment as applied to the first year final
board of review market value, and (iv) any increase in
assessed value due to oil or gas production from an oil or gas
well required to be permitted under the Hydraulic Fracturing
Regulatory Act that was not produced in or accounted for
during the previous levy year. In addition, the county clerk
in a county containing a population of 3,000,000 or more shall
include in the 1997 recovered tax increment value for any

school district, any recovered tax increment value that was
applicable to the 1995 tax year calculations.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
"Recovered tax increment value" means, except as otherwise
provided in this paragraph, the amount of the current year's
equalized assessed value, in the first year after a
municipality terminates the designation of an area as a
redevelopment project area previously established under the
Tax Increment Allocation Redevelopment Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, previously
established under the Economic Development Project Area Tax
Increment Act of 1995, or previously established under the
Economic Development Area Tax Increment Allocation Act, of
each taxable lot, block, tract, or parcel of real property in
the redevelopment project area over and above the initial
equalized assessed value of each property in the redevelopment
project area. For the taxes which are extended for the 1997
levy year, the recovered tax increment value for a non-home
rule taxing district that first became subject to this Law for
the 1995 levy year because a majority of its 1994 equalized
assessed value was in an affected county or counties shall be
increased if a municipality terminated the designation of an

area in 1993 as a redevelopment project area previously
established under the Tax Increment Allocation Redevelopment
Act in the Illinois Municipal Code, previously established
under the Industrial Jobs Recovery Law in the Illinois
Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, by an amount
equal to the 1994 equalized assessed value of each taxable
lot, block, tract, or parcel of real property in the
redevelopment project area over and above the initial
equalized assessed value of each property in the redevelopment
project area. In the first year after a municipality removes a
taxable lot, block, tract, or parcel of real property from a
redevelopment project area established under the Tax Increment
Allocation Redevelopment Act in the Illinois Municipal Code,
the Industrial Jobs Recovery Law in the Illinois Municipal
Code, or the Economic Development Area Tax Increment
Allocation Act, "recovered tax increment value" means the
amount of the current year's equalized assessed value of each
taxable lot, block, tract, or parcel of real property removed
from the redevelopment project area over and above the initial
equalized assessed value of that real property before removal
from the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to
one plus the extension limitation defined in this Section and

the denominator of which is the current year's equalized
assessed value of all real property in the territory under the
jurisdiction of the taxing district during the prior levy
year. For those taxing districts that reduced their aggregate
extension for the last preceding levy year, except for school
districts that reduced their extension for educational
purposes pursuant to Section 18-206, the highest aggregate
extension in any of the last 3 preceding levy years shall be
used for the purpose of computing the limiting rate. The
denominator shall not include new property or the recovered
tax increment value. If a new rate, a rate decrease, or a
limiting rate increase has been approved at an election held
after March 21, 2006, then (i) the otherwise applicable
limiting rate shall be increased by the amount of the new rate
or shall be reduced by the amount of the rate decrease, as the
case may be, or (ii) in the case of a limiting rate increase,
the limiting rate shall be equal to the rate set forth in the
proposition approved by the voters for each of the years
specified in the proposition, after which the limiting rate of
the taxing district shall be calculated as otherwise provided.
In the case of a taxing district that obtained referendum
approval for an increased limiting rate on March 20, 2012, the
limiting rate for tax year 2012 shall be the rate that
generates the approximate total amount of taxes extendable for
that tax year, as set forth in the proposition approved by the
voters; this rate shall be the final rate applied by the county

clerk for the aggregate of all capped funds of the district for
tax year 2012.
(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised
10-5-21.)
(35 ILCS 200/21-260)
Sec. 21-260. Collector's scavenger sale. Upon the county
collector's application under Section 21-145, to be known as
the Scavenger Sale Application, the Court shall enter judgment
for the general taxes, special taxes, special assessments,
interest, penalties and costs as are included in the
advertisement and appear to be due thereon after allowing an
opportunity to object and a hearing upon the objections as
provided in Section 21-175, and order those properties sold by
the County Collector at public sale, or by electronic
automated sale if the collector chooses to conduct an
electronic automated sale pursuant to Section 21-261, to the
highest bidder for cash, notwithstanding the bid may be less
than the full amount of taxes, special taxes, special
assessments, interest, penalties and costs for which judgment
has been entered.
(a) Conducting the sale; bidding sale - Bidding. All
properties shall be offered for sale in consecutive order as
they appear in the delinquent list. The minimum bid for any
property shall be $250 or one-half of the tax if the total

liability is less than $500. For in-person scavenger sales,
the successful bidder shall pay the amount of the minimum bid
to the County Collector by the end of the business day on which
the bid was placed. That amount shall be paid in cash, by
certified or cashier's check, by money order, or, if the
successful bidder is a governmental unit, by a check issued by
that governmental unit. For electronic automated scavenger
sales, the successful bidder shall pay the minimum bid amount
by the close of the business day on which the bid was placed.
That amount shall be paid online via ACH debit or by the
electronic payment method required by the county collector.
For in-person scavenger sales, if the bid exceeds the minimum
bid, the successful bidder shall pay the balance of the bid to
the county collector in cash, by certified or cashier's check,
by money order, or, if the successful bidder is a governmental
unit, by a check issued by that governmental unit by the close
of the next business day. For electronic automated scavenger
sales, the successful bidder shall pay, by the close of the
next business day, the balance of the bid online via ACH debit
or by the electronic payment method required by the county
collector. If the minimum bid is not paid at the time of sale
or if the balance is not paid by the close of the next business
day, then the sale is void and the minimum bid, if paid, is
forfeited to the county general fund. In that event, the
property shall be reoffered for sale within 30 days of the last
offering of property in regular order. The collector shall

make available to the public a list of all properties to be
included in any reoffering due to the voiding of the original
sale. The collector is not required to serve or publish any
other notice of the reoffering of those properties. In the
event that any of the properties are not sold upon reoffering,
or are sold for less than the amount of the original voided
sale, the original bidder who failed to pay the bid amount
shall remain liable for the unpaid balance of the bid in an
action under Section 21-240. Liability shall not be reduced
where the bidder upon reoffering also fails to pay the bid
amount, and in that event both bidders shall remain liable for
the unpaid balance of their respective bids. A sale of
properties under this Section shall not be final until
confirmed by the court.
(b) Confirmation of sales. The county collector shall file
his or her report of sale in the court within 30 days of the
date of sale of each property. No notice of the county
collector's application to confirm the sales shall be required
except as prescribed by rule of the court. Upon confirmation,
except in cases where the sale becomes void under Section
22-85, or in cases where the order of confirmation is vacated
by the court, a sale under this Section shall extinguish the in
rem lien of the general taxes, special taxes and special
assessments for which judgment has been entered and a
redemption shall not revive the lien. Confirmation of the sale
shall in no event affect the owner's personal liability to pay

the taxes, interest and penalties as provided in this Code or
prevent institution of a proceeding under Section 21-440 to
collect any amount that may remain due after the sale.
(c) Issuance of tax sale certificates. Upon confirmation
of the sale, the County Clerk and the County Collector shall
issue to the purchaser a certificate of purchase in the form
prescribed by Section 21-250 as near as may be. A certificate
of purchase shall not be issued to any person who is ineligible
to bid at the sale or to receive a certificate of purchase
under Section 21-265.
(d) Scavenger Tax Judgment, Sale and Redemption Record;
sale Record - Sale of parcels not sold. The county collector
shall prepare a Scavenger Tax Judgment, Sale and Redemption
Record. The county clerk shall write or stamp on the scavenger
tax judgment, sale, forfeiture and redemption record opposite
the description of any property offered for sale and not sold,
or not confirmed for any reason, the words "offered but not
sold". The properties which are offered for sale under this
Section and not sold or not confirmed shall be offered for sale
annually thereafter in the manner provided in this Section
until sold, except in the case of mineral rights, which after
10 consecutive years of being offered for sale under this
Section and not sold or confirmed shall no longer be required
to be offered for sale. At any time between annual sales the
County Collector may advertise for sale any properties subject
to sale under judgments for sale previously entered under this

Section and not executed for any reason. The advertisement and
sale shall be regulated by the provisions of this Code as far
as applicable.
(e) Proceeding to tax deed. The owner of the certificate
of purchase shall give notice as required by Sections 22-5
through 22-30, and may extend the period of redemption as
provided by Section 21-385. At any time within 6 months prior
to expiration of the period of redemption from a sale under
this Code, the owner of a certificate of purchase may file a
petition and may obtain a tax deed under Sections 22-30
through 22-55. Within 30 days from filing of the petition, the
owner of a certificate must file with the county clerk the
names and addresses of the owners of the property and those
persons entitled to service of notice at their last known
addresses. The clerk shall mail notice within 30 days from the
date of the filing of addresses with the clerk. All
proceedings for the issuance of a tax deed and all tax deeds
for properties sold under this Section shall be subject to
Sections 22-30 through 22-55. Deeds issued under this Section
are subject to Section 22-70. This Section shall be liberally
construed so that the deeds provided for in this Section
convey merchantable title.
(f) Redemptions from scavenger sales. Redemptions may be
made from sales under this Section in the same manner and upon
the same terms and conditions as redemptions from sales made
under the County Collector's annual application for judgment

and order of sale, except that in lieu of penalty the person
redeeming shall pay interest as follows if the sale occurs
before September 9, 1993:
(1) If redeemed within the first 2 months from the
date of the sale, 3% per month or portion thereof upon the
amount for which the property was sold;
(2) If redeemed between 2 and 6 months from the date of
the sale, 12% of the amount for which the property was
sold;
(3) If redeemed between 6 and 12 months from the date
of the sale, 24% of the amount for which the property was
sold;
(4) If redeemed between 12 and 18 months from the date
of the sale, 36% of the amount for which the property was
sold;
(5) If redeemed between 18 and 24 months from the date
of the sale, 48% of the amount for which the property was
sold;
(6) If redeemed after 24 months from the date of sale,
the 48% herein provided together with interest at 6% per
year thereafter.
If the sale occurs on or after September 9, 1993, the
person redeeming shall pay interest on that part of the amount
for which the property was sold equal to or less than the full
amount of delinquent taxes, special assessments, penalties,
interest, and costs, included in the judgment and order of

sale as follows:
(1) If redeemed within the first 2 months from the
date of the sale, 3% per month upon the amount of taxes,
special assessments, penalties, interest, and costs due
for each of the first 2 months, or fraction thereof.
(2) If redeemed at any time between 2 and 6 months from
the date of the sale, 12% of the amount of taxes, special
assessments, penalties, interest, and costs due.
(3) If redeemed at any time between 6 and 12 months
from the date of the sale, 24% of the amount of taxes,
special assessments, penalties, interest, and costs due.
(4) If redeemed at any time between 12 and 18 months
from the date of the sale, 36% of the amount of taxes,
special assessments, penalties, interest, and costs due.
(5) If redeemed at any time between 18 and 24 months
from the date of the sale, 48% of the amount of taxes,
special assessments, penalties, interest, and costs due.
(6) If redeemed after 24 months from the date of sale,
the 48% provided for the 24 months together with interest
at 6% per annum thereafter on the amount of taxes, special
assessments, penalties, interest, and costs due.
The person redeeming shall not be required to pay any
interest on any part of the amount for which the property was
sold that exceeds the full amount of delinquent taxes, special
assessments, penalties, interest, and costs included in the
judgment and order of sale.

Notwithstanding any other provision of this Section,
except for owner-occupied single family residential units
which are condominium units, cooperative units or dwellings,
the amount required to be paid for redemption shall also
include an amount equal to all delinquent taxes on the
property which taxes were delinquent at the time of sale. The
delinquent taxes shall be apportioned by the county collector
among the taxing districts in which the property is situated
in accordance with law. In the event that all moneys received
from any sale held under this Section exceed an amount equal to
all delinquent taxes on the property sold, which taxes were
delinquent at the time of sale, together with all publication
and other costs associated with the sale, then, upon
redemption, the County Collector and the County Clerk shall
apply the excess amount to the cost of redemption.
(g) Bidding by county or other taxing districts. Any
taxing district may bid at a scavenger sale. The county board
of the county in which properties offered for sale under this
Section are located may bid as trustee for all taxing
districts having an interest in the taxes for the nonpayment
of which the parcels are offered. The County shall apply on the
bid the unpaid taxes due upon the property and no cash need be
paid. The County or other taxing district acquiring a tax sale
certificate shall take all steps necessary to acquire title to
the property and may manage and operate the property so
acquired.

When a county, or other taxing district within the county,
is a petitioner for a tax deed, no filing fee shall be required
on the petition. The county as a tax creditor and as trustee
for other tax creditors, or other taxing district within the
county shall not be required to allege and prove that all taxes
and special assessments which become due and payable after the
sale to the county have been paid. The county shall not be
required to pay the subsequently accruing taxes or special
assessments at any time. Upon the written request of the
county board or its designee, the county collector shall not
offer the property for sale at any tax sale subsequent to the
sale of the property to the county under this Section. The lien
of taxes and special assessments which become due and payable
after a sale to a county shall merge in the fee title of the
county, or other taxing district, on the issuance of a deed.
The County may sell the properties so acquired, or the
certificate of purchase thereto, and the proceeds of the sale
shall be distributed to the taxing districts in proportion to
their respective interests therein. The presiding officer of
the county board, with the advice and consent of the County
Board, may appoint some officer or person to attend scavenger
sales and bid on its behalf.
(h) Miscellaneous provisions. In the event that the tract
of land or lot sold at any such sale is not redeemed within the
time permitted by law and a tax deed is issued, all moneys that
may be received from the sale of properties in excess of the

delinquent taxes, together with all publication and other
costs associated with the sale, shall, upon petition of any
interested party to the court that issued the tax deed, be
distributed by the County Collector pursuant to order of the
court among the persons having legal or equitable interests in
the property according to the fair value of their interests in
the tract or lot. Section 21-415 does not apply to properties
sold under this Section. Appeals may be taken from the orders
and judgments entered under this Section as in other civil
cases. The remedy herein provided is in addition to other
remedies for the collection of delinquent taxes.
(i) The changes to this Section made by Public Act 95-477
this amendatory Act of the 95th General Assembly apply only to
matters in which a petition for tax deed is filed on or after
June 1, 2008 (the effective date of Public Act 95-477) this
amendatory Act of the 95th General Assembly.
(Source: P.A. 102-519, eff. 8-20-21; 102-528, eff. 1-1-22;
revised 10-18-21.)
(35 ILCS 200/22-10)
Sec. 22-10. Notice of expiration of period of redemption.
A purchaser or assignee shall not be entitled to a tax deed to
the property sold unless, not less than 3 months nor more than
6 months prior to the expiration of the period of redemption,
he or she gives notice of the sale and the date of expiration
of the period of redemption to the owners, occupants, and

parties interested in the property, including any mortgagee of
record, as provided below. The clerk must mail notice in
accordance with the provisions of subsection (e) of Section
21-260.
The Notice to be given to the parties shall be in at least
10 point type in the following form completely filled in:
TAX DEED NO. .................... FILED ....................
TAKE NOTICE
County of ...............................................
Date Premises Sold ......................................
Certificate No. ........................................
Sold for General Taxes of (year) ........................
Sold for Special Assessment of (Municipality)
and special assessment number ...........................
Warrant No. ................ Inst. No. .................
THIS PROPERTY HAS BEEN SOLD FOR
DELINQUENT TAXES
Property located at .........................................
Legal Description or Property Index No. .....................
.............................................................
.............................................................
This notice is to advise you that the above property has
been sold for delinquent taxes and that the period of
redemption from the sale will expire on .....................
.............................................................
The amount to redeem is subject to increase at 6 month

intervals from the date of sale and may be further increased if
the purchaser at the tax sale or his or her assignee pays any
subsequently accruing taxes or special assessments to redeem
the property from subsequent forfeitures or tax sales. Check
with the county clerk as to the exact amount you owe before
redeeming.
This notice is also to advise you that a petition has been
filed for a tax deed which will transfer title and the right to
possession of this property if redemption is not made on or
before ......................................................
This matter is set for hearing in the Circuit Court of this
county in ...., Illinois on .....
You may be present at this hearing but your right to redeem
will already have expired at that time.
YOU ARE URGED TO REDEEM IMMEDIATELY
TO PREVENT LOSS OF PROPERTY
Redemption can be made at any time on or before .... by
applying to the County Clerk of ...., County, Illinois at the
Office of the County Clerk in ...., Illinois.
For further information contact the County Clerk
ADDRESS:....................
TELEPHONE:..................
..........................
Purchaser or Assignee.
Dated (insert date).

In counties with 3,000,000 or more inhabitants, the notice
shall also state the address, room number and time at which the
matter is set for hearing.
The changes to this Section made by Public Act 97-557 this
amendatory Act of the 97th General Assembly apply only to
matters in which a petition for tax deed is filed on or after
July 1, 2012 (the effective date of Public Act 97-557) this
amendatory Act of the 97th General Assembly.
(Source: P.A. 102-528, eff. 1-1-22; revised 12-7-21.)
Section 265. The Illinois Pension Code is amended by
changing Sections 1-160, 7-109, 7-141, 14-103.42, 14-110,
16-158, and 16-203 as follows:
(40 ILCS 5/1-160)
Sec. 1-160. Provisions applicable to new hires.
(a) The provisions of this Section apply to a person who,
on or after January 1, 2011, first becomes a member or a
participant under any reciprocal retirement system or pension
fund established under this Code, other than a retirement
system or pension fund established under Article 2, 3, 4, 5, 6,
7, 15, or 18 of this Code, notwithstanding any other provision
of this Code to the contrary, but do not apply to any
self-managed plan established under this Code or to any
participant of the retirement plan established under Section

22-101; except that this Section applies to a person who
elected to establish alternative credits by electing in
writing after January 1, 2011, but before August 8, 2011,
under Section 7-145.1 of this Code. Notwithstanding anything
to the contrary in this Section, for purposes of this Section,
a person who is a Tier 1 regular employee as defined in Section
7-109.4 of this Code or who participated in a retirement
system under Article 15 prior to January 1, 2011 shall be
deemed a person who first became a member or participant prior
to January 1, 2011 under any retirement system or pension fund
subject to this Section. The changes made to this Section by
Public Act 98-596 are a clarification of existing law and are
intended to be retroactive to January 1, 2011 (the effective
date of Public Act 96-889), notwithstanding the provisions of
Section 1-103.1 of this Code.
This Section does not apply to a person who first becomes a
noncovered employee under Article 14 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection
(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who first becomes a
member or participant under Article 16 on or after the
implementation date of the plan created under Section 1-161
for that Article, unless that person elects under subsection

(b) of Section 1-161 to instead receive the benefits provided
under this Section and the applicable provisions of that
Article.
This Section does not apply to a person who elects under
subsection (c-5) of Section 1-161 to receive the benefits
under Section 1-161.
This Section does not apply to a person who first becomes a
member or participant of an affected pension fund on or after 6
months after the resolution or ordinance date, as defined in
Section 1-162, unless that person elects under subsection (c)
of Section 1-162 to receive the benefits provided under this
Section and the applicable provisions of the Article under
which he or she is a member or participant.
(b) "Final average salary" means, except as otherwise
provided in this subsection, the average monthly (or annual)
salary obtained by dividing the total salary or earnings
calculated under the Article applicable to the member or
participant during the 96 consecutive months (or 8 consecutive
years) of service within the last 120 months (or 10 years) of
service in which the total salary or earnings calculated under
the applicable Article was the highest by the number of months
(or years) of service in that period. For the purposes of a
person who first becomes a member or participant of any
retirement system or pension fund to which this Section
applies on or after January 1, 2011, in this Code, "final
average salary" shall be substituted for the following:

(1) (Blank).
(2) In Articles 8, 9, 10, 11, and 12, "highest average
annual salary for any 4 consecutive years within the last
10 years of service immediately preceding the date of
withdrawal".
(3) In Article 13, "average final salary".
(4) In Article 14, "final average compensation".
(5) In Article 17, "average salary".
(6) In Section 22-207, "wages or salary received by
him at the date of retirement or discharge".
A member of the Teachers' Retirement System of the State
of Illinois who retires on or after June 1, 2021 and for whom
the 2020-2021 school year is used in the calculation of the
member's final average salary shall use the higher of the
following for the purpose of determining the member's final
average salary:
(A) the amount otherwise calculated under the first
paragraph of this subsection; or
(B) an amount calculated by the Teachers' Retirement
System of the State of Illinois using the average of the
monthly (or annual) salary obtained by dividing the total
salary or earnings calculated under Article 16 applicable
to the member or participant during the 96 months (or 8
years) of service within the last 120 months (or 10 years)
of service in which the total salary or earnings
calculated under the Article was the highest by the number

of months (or years) of service in that period.
(b-5) Beginning on January 1, 2011, for all purposes under
this Code (including without limitation the calculation of
benefits and employee contributions), the annual earnings,
salary, or wages (based on the plan year) of a member or
participant to whom this Section applies shall not exceed
$106,800; however, that amount shall annually thereafter be
increased by the lesser of (i) 3% of that amount, including all
previous adjustments, or (ii) one-half the annual unadjusted
percentage increase (but not less than zero) in the consumer
price index-u for the 12 months ending with the September
preceding each November 1, including all previous adjustments.
For the purposes of this Section, "consumer price index-u"
means the index published by the Bureau of Labor Statistics of
the United States Department of Labor that measures the
average change in prices of goods and services purchased by
all urban consumers, United States city average, all items,
1982-84 = 100. The new amount resulting from each annual
adjustment shall be determined by the Public Pension Division
of the Department of Insurance and made available to the
boards of the retirement systems and pension funds by November
1 of each year.
(c) A member or participant is entitled to a retirement
annuity upon written application if he or she has attained age
67 (age 65, with respect to service under Article 12 that is
subject to this Section, for a member or participant under

Article 12 who first becomes a member or participant under
Article 12 on or after January 1, 2022 or who makes the
election under item (i) of subsection (d-15) of this Section)
and has at least 10 years of service credit and is otherwise
eligible under the requirements of the applicable Article.
A member or participant who has attained age 62 (age 60,
with respect to service under Article 12 that is subject to
this Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15) of this Section) and has at least 10 years
of service credit and is otherwise eligible under the
requirements of the applicable Article may elect to receive
the lower retirement annuity provided in subsection (d) of
this Section.
(c-5) A person who first becomes a member or a participant
subject to this Section on or after July 6, 2017 (the effective
date of Public Act 100-23), notwithstanding any other
provision of this Code to the contrary, is entitled to a
retirement annuity under Article 8 or Article 11 upon written
application if he or she has attained age 65 and has at least
10 years of service credit and is otherwise eligible under the
requirements of Article 8 or Article 11 of this Code,
whichever is applicable.
(d) The retirement annuity of a member or participant who
is retiring after attaining age 62 (age 60, with respect to

service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section) with at least 10 years of service
credit shall be reduced by one-half of 1% for each full month
that the member's age is under age 67 (age 65, with respect to
service under Article 12 that is subject to this Section, for a
member or participant under Article 12 who first becomes a
member or participant under Article 12 on or after January 1,
2022 or who makes the election under item (i) of subsection
(d-15) of this Section).
(d-5) The retirement annuity payable under Article 8 or
Article 11 to an eligible person subject to subsection (c-5)
of this Section who is retiring at age 60 with at least 10
years of service credit shall be reduced by one-half of 1% for
each full month that the member's age is under age 65.
(d-10) Each person who first became a member or
participant under Article 8 or Article 11 of this Code on or
after January 1, 2011 and prior to July 6, 2017 (the effective
date of Public Act 100-23) this amendatory Act of the 100th
General Assembly shall make an irrevocable election either:
(i) to be eligible for the reduced retirement age
provided in subsections (c-5) and (d-5) of this Section,
the eligibility for which is conditioned upon the member
or participant agreeing to the increases in employee

contributions for age and service annuities provided in
subsection (a-5) of Section 8-174 of this Code (for
service under Article 8) or subsection (a-5) of Section
11-170 of this Code (for service under Article 11); or
(ii) to not agree to item (i) of this subsection
(d-10), in which case the member or participant shall
continue to be subject to the retirement age provisions in
subsections (c) and (d) of this Section and the employee
contributions for age and service annuity as provided in
subsection (a) of Section 8-174 of this Code (for service
under Article 8) or subsection (a) of Section 11-170 of
this Code (for service under Article 11).
The election provided for in this subsection shall be made
between October 1, 2017 and November 15, 2017. A person
subject to this subsection who makes the required election
shall remain bound by that election. A person subject to this
subsection who fails for any reason to make the required
election within the time specified in this subsection shall be
deemed to have made the election under item (ii).
(d-15) Each person who first becomes a member or
participant under Article 12 on or after January 1, 2011 and
prior to January 1, 2022 shall make an irrevocable election
either:
(i) to be eligible for the reduced retirement age
specified in subsections (c) and (d) of this Section, the
eligibility for which is conditioned upon the member or

participant agreeing to the increase in employee
contributions for service annuities specified in
subsection (b) of Section 12-150; or
(ii) to not agree to item (i) of this subsection
(d-15), in which case the member or participant shall not
be eligible for the reduced retirement age specified in
subsections (c) and (d) of this Section and shall not be
subject to the increase in employee contributions for
service annuities specified in subsection (b) of Section
12-150.
The election provided for in this subsection shall be made
between January 1, 2022 and April 1, 2022. A person subject to
this subsection who makes the required election shall remain
bound by that election. A person subject to this subsection
who fails for any reason to make the required election within
the time specified in this subsection shall be deemed to have
made the election under item (ii).
(e) Any retirement annuity or supplemental annuity shall
be subject to annual increases on the January 1 occurring
either on or after the attainment of age 67 (age 65, with
respect to service under Article 12 that is subject to this
Section, for a member or participant under Article 12 who
first becomes a member or participant under Article 12 on or
after January 1, 2022 or who makes the election under item (i)
of subsection (d-15); and beginning on July 6, 2017 (the
effective date of Public Act 100-23) this amendatory Act of

the 100th General Assembly, age 65 with respect to service
under Article 8 or Article 11 for eligible persons who: (i) are
subject to subsection (c-5) of this Section; or (ii) made the
election under item (i) of subsection (d-10) of this Section)
or the first anniversary of the annuity start date, whichever
is later. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted retirement annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the
annuity shall not be increased.
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 102-263 this
amendatory Act of the 102nd General Assembly are applicable
without regard to whether the employee was in active service
on or after August 6, 2021 (the effective date of Public Act
102-263) this amendatory Act of the 102nd General Assembly.
For the purposes of Section 1-103.1 of this Code, the
changes made to this Section by Public Act 100-23 this
amendatory Act of the 100th General Assembly are applicable
without regard to whether the employee was in active service
on or after July 6, 2017 (the effective date of Public Act
100-23) this amendatory Act of the 100th General Assembly.

(f) The initial survivor's or widow's annuity of an
otherwise eligible survivor or widow of a retired member or
participant who first became a member or participant on or
after January 1, 2011 shall be in the amount of 66 2/3% of the
retired member's or participant's retirement annuity at the
date of death. In the case of the death of a member or
participant who has not retired and who first became a member
or participant on or after January 1, 2011, eligibility for a
survivor's or widow's annuity shall be determined by the
applicable Article of this Code. The initial benefit shall be
66 2/3% of the earned annuity without a reduction due to age. A
child's annuity of an otherwise eligible child shall be in the
amount prescribed under each Article if applicable. Any
survivor's or widow's annuity shall be increased (1) on each
January 1 occurring on or after the commencement of the
annuity if the deceased member died while receiving a
retirement annuity or (2) in other cases, on each January 1
occurring after the first anniversary of the commencement of
the annuity. Each annual increase shall be calculated at 3% or
one-half the annual unadjusted percentage increase (but not
less than zero) in the consumer price index-u for the 12 months
ending with the September preceding each November 1, whichever
is less, of the originally granted survivor's annuity. If the
annual unadjusted percentage change in the consumer price
index-u for the 12 months ending with the September preceding
each November 1 is zero or there is a decrease, then the

annuity shall not be increased.
(g) The benefits in Section 14-110 apply only if the
person is a State policeman, a fire fighter in the fire
protection service of a department, a conservation police
officer, an investigator for the Secretary of State, an arson
investigator, a Commerce Commission police officer,
investigator for the Department of Revenue or the Illinois
Gaming Board, a security employee of the Department of
Corrections or the Department of Juvenile Justice, or a
security employee of the Department of Innovation and
Technology, as those terms are defined in subsection (b) and
subsection (c) of Section 14-110. A person who meets the
requirements of this Section is entitled to an annuity
calculated under the provisions of Section 14-110, in lieu of
the regular or minimum retirement annuity, only if the person
has withdrawn from service with not less than 20 years of
eligible creditable service and has attained age 60,
regardless of whether the attainment of age 60 occurs while
the person is still in service.
(h) If a person who first becomes a member or a participant
of a retirement system or pension fund subject to this Section
on or after January 1, 2011 is receiving a retirement annuity
or retirement pension under that system or fund and becomes a
member or participant under any other system or fund created
by this Code and is employed on a full-time basis, except for
those members or participants exempted from the provisions of

this Section under subsection (a) of this Section, then the
person's retirement annuity or retirement pension under that
system or fund shall be suspended during that employment. Upon
termination of that employment, the person's retirement
annuity or retirement pension payments shall resume and be
recalculated if recalculation is provided for under the
applicable Article of this Code.
If a person who first becomes a member of a retirement
system or pension fund subject to this Section on or after
January 1, 2012 and is receiving a retirement annuity or
retirement pension under that system or fund and accepts on a
contractual basis a position to provide services to a
governmental entity from which he or she has retired, then
that person's annuity or retirement pension earned as an
active employee of the employer shall be suspended during that
contractual service. A person receiving an annuity or
retirement pension under this Code shall notify the pension
fund or retirement system from which he or she is receiving an
annuity or retirement pension, as well as his or her
contractual employer, of his or her retirement status before
accepting contractual employment. A person who fails to submit
such notification shall be guilty of a Class A misdemeanor and
required to pay a fine of $1,000. Upon termination of that
contractual employment, the person's retirement annuity or
retirement pension payments shall resume and, if appropriate,
be recalculated under the applicable provisions of this Code.

(i) (Blank).
(j) In the case of a conflict between the provisions of
this Section and any other provision of this Code, the
provisions of this Section shall control.
(Source: P.A. 101-610, eff. 1-1-20; 102-16, eff. 6-17-21;
102-210, eff. 1-1-22; 102-263, eff. 8-6-21; revised 9-28-21.)
(40 ILCS 5/7-109) (from Ch. 108 1/2, par. 7-109)
Sec. 7-109. Employee.
(1) "Employee" means any person who:
(a) 1. Receives earnings as payment for the
performance of personal services or official duties out of
the general fund of a municipality, or out of any special
fund or funds controlled by a municipality, or by an
instrumentality thereof, or a participating
instrumentality, including, in counties, the fees or
earnings of any county fee office; and
2. Under the usual common law rules applicable in
determining the employer-employee relationship, has the
status of an employee with a municipality, or any
instrumentality thereof, or a participating
instrumentality, including alderpersons, county
supervisors and other persons (excepting those employed as
independent contractors) who are paid compensation, fees,
allowances or other emolument for official duties, and, in
counties, the several county fee offices.

(b) Serves as a township treasurer appointed under the
School Code, as heretofore or hereafter amended, and who
receives for such services regular compensation as
distinguished from per diem compensation, and any regular
employee in the office of any township treasurer whether
or not his earnings are paid from the income of the
permanent township fund or from funds subject to
distribution to the several school districts and parts of
school districts as provided in the School Code, or from
both such sources; or is the chief executive officer,
chief educational officer, chief fiscal officer, or other
employee of a Financial Oversight Panel established
pursuant to Article 1H of the School Code, other than a
superintendent or certified school business official,
except that such person shall not be treated as an
employee under this Section if that person has negotiated
with the Financial Oversight Panel, in conjunction with
the school district, a contractual agreement for exclusion
from this Section.
(c) Holds an elective office in a municipality,
instrumentality thereof or participating instrumentality.
(2) "Employee" does not include persons who:
(a) Are eligible for inclusion under any of the
following laws:
1. "An Act in relation to an Illinois State
Teachers' Pension and Retirement Fund", approved May

27, 1915, as amended;
2. Articles 15 and 16 of this Code.
However, such persons shall be included as employees
to the extent of earnings that are not eligible for
inclusion under the foregoing laws for services not of an
instructional nature of any kind.
However, any member of the armed forces who is
employed as a teacher of subjects in the Reserve Officers
Training Corps of any school and who is not certified
under the law governing the certification of teachers
shall be included as an employee.
(b) Are designated by the governing body of a
municipality in which a pension fund is required by law to
be established for policemen or firemen, respectively, as
performing police or fire protection duties, except that
when such persons are the heads of the police or fire
department and are not eligible to be included within any
such pension fund, they shall be included within this
Article; provided, that such persons shall not be excluded
to the extent of concurrent service and earnings not
designated as being for police or fire protection duties.
However, (i) any head of a police department who was a
participant under this Article immediately before October
1, 1977 and did not elect, under Section 3-109 of this Act,
to participate in a police pension fund shall be an
"employee", and (ii) any chief of police who became a

participating employee under this Article before January
1, 2019 and who elects to participate in this Fund under
Section 3-109.1 of this Code, regardless of whether such
person continues to be employed as chief of police or is
employed in some other rank or capacity within the police
department, shall be an employee under this Article for so
long as such person is employed to perform police duties
by a participating municipality and has not lawfully
rescinded that election.
(b-5) Were not participating employees under this
Article before August 26, 2018 (the effective date of
Public Act 100-1097) this amendatory Act of the 100th
General Assembly and participated as a chief of police in
a fund under Article 3 and return to work in any capacity
with the police department, with any oversight of the
police department, or in an advisory capacity for the
police department with the same municipality with which
that pension was earned, regardless of whether they are
considered an employee of the police department or are
eligible for inclusion in the municipality's Article 3
fund.
(c) Are contributors to or eligible to contribute to a
Taft-Hartley pension plan to which the participating
municipality is required to contribute as the person's
employer based on earnings from the municipality. Nothing
in this paragraph shall affect service credit or

creditable service for any period of service prior to July
16, 2014 (the effective date of Public Act 98-712) this
amendatory Act of the 98th General Assembly, and this
paragraph shall not apply to individuals who are
participating in the Fund prior to July 16, 2014 (the
effective date of Public Act 98-712) this amendatory Act
of the 98th General Assembly.
(d) Become an employee of any of the following
participating instrumentalities on or after January 1,
2017 (the effective date of Public Act 99-830) this
amendatory Act of the 99th General Assembly: the Illinois
Municipal League; the Illinois Association of Park
Districts; the Illinois Supervisors, County Commissioners
and Superintendents of Highways Association; an
association, or not-for-profit corporation, membership in
which is authorized under Section 85-15 of the Township
Code; the United Counties Council; or the Will County
Governmental League.
(e) Are members of the Board of Trustees of the
Firefighters' Pension Investment Fund, as created under
Article 22C of this Code, in their capacity as members of
the Board of Trustees of the Firefighters' Pension
Investment Fund.
(f) Are members of the Board of Trustees of the Police
Officers' Pension Investment Fund, as created under
Article 22B of this Code, in their capacity as members of

the Board of Trustees of the Police Officers' Pension
Investment Fund.
(3) All persons, including, without limitation, public
defenders and probation officers, who receive earnings from
general or special funds of a county for performance of
personal services or official duties within the territorial
limits of the county, are employees of the county (unless
excluded by subsection (2) of this Section) notwithstanding
that they may be appointed by and are subject to the direction
of a person or persons other than a county board or a county
officer. It is hereby established that an employer-employee
relationship under the usual common law rules exists between
such employees and the county paying their salaries by reason
of the fact that the county boards fix their rates of
compensation, appropriate funds for payment of their earnings
and otherwise exercise control over them. This finding and
this amendatory Act shall apply to all such employees from the
date of appointment whether such date is prior to or after the
effective date of this amendatory Act and is intended to
clarify existing law pertaining to their status as
participating employees in the Fund.
(Source: P.A. 102-15, eff. 6-17-21; 102-637, eff. 8-27-21;
revised 10-5-21.)
(40 ILCS 5/7-141) (from Ch. 108 1/2, par. 7-141)
Sec. 7-141. Retirement annuities; conditions. Retirement

annuities shall be payable as hereinafter set forth:
(a) A participating employee who, regardless of cause, is
separated from the service of all participating municipalities
and instrumentalities thereof and participating
instrumentalities shall be entitled to a retirement annuity
provided:
1. He is at least age 55 if he is a Tier 1 regular
employee, he is age 62 if he is a Tier 2 regular employee,
or, in the case of a person who is eligible to have his
annuity calculated under Section 7-142.1, he is at least
age 50;
2. He is not entitled to receive earnings for
employment in a position requiring him, or entitling him
to elect, to be a participating employee;
3. The amount of his annuity, before the application
of paragraph (b) of Section 7-142 is at least $10 per
month;
4. If he first became a participating employee after
December 31, 1961 and is a Tier 1 regular employee, he has
at least 8 years of service, or, if he is a Tier 2 regular
member, he has at least 10 years of service. This service
requirement shall not apply to any participating employee,
regardless of participation date, if the General Assembly
terminates the Fund.
(b) Retirement annuities shall be payable:
1. As provided in Section 7-119;

2. Except as provided in item 3, upon receipt by the
fund of a written application. The effective date may be
not more than one year prior to the date of the receipt by
the fund of the application;
3. Upon attainment of the required age of distribution
under Section 401(a)(9) of the Internal Revenue Code of
1986, as amended, if the member (i) is no longer in
service, and (ii) is otherwise entitled to an annuity
under this Article;
4. To the beneficiary of the deceased annuitant for
the unpaid amount accrued to date of death, if any.
(Source: P.A. 102-210, Article 5, Section 5-5, eff. 7-30-21;
102-210, Article 10, Section 10-5, eff. 1-1-22; revised
9-28-21.)
(40 ILCS 5/14-103.42)
Sec. 14-103.42. Licensed health care professional.
"Licensed health care professional": Any individual who has
obtained a license through the Department of Financial and
Professional Regulation under the Medical Practice Act of
1987, under the Physician Assistant Practice Act of 1987, or
under the Clinical Psychologist Licensing Act or an advanced
practice registered nurse licensed under the Nurse Practice
Act.
(Source: P.A. 101-54, eff. 7-12-19; revised 1-9-22.)

(40 ILCS 5/14-110) (from Ch. 108 1/2, par. 14-110)
Sec. 14-110. Alternative retirement annuity.
(a) Any member who has withdrawn from service with not
less than 20 years of eligible creditable service and has
attained age 55, and any member who has withdrawn from service
with not less than 25 years of eligible creditable service and
has attained age 50, regardless of whether the attainment of
either of the specified ages occurs while the member is still
in service, shall be entitled to receive at the option of the
member, in lieu of the regular or minimum retirement annuity,
a retirement annuity computed as follows:
(i) for periods of service as a noncovered employee:
if retirement occurs on or after January 1, 2001, 3% of
final average compensation for each year of creditable
service; if retirement occurs before January 1, 2001, 2
1/4% of final average compensation for each of the first
10 years of creditable service, 2 1/2% for each year above
10 years to and including 20 years of creditable service,
and 2 3/4% for each year of creditable service above 20
years; and
(ii) for periods of eligible creditable service as a
covered employee: if retirement occurs on or after January
1, 2001, 2.5% of final average compensation for each year
of creditable service; if retirement occurs before January
1, 2001, 1.67% of final average compensation for each of
the first 10 years of such service, 1.90% for each of the

next 10 years of such service, 2.10% for each year of such
service in excess of 20 but not exceeding 30, and 2.30% for
each year in excess of 30.
Such annuity shall be subject to a maximum of 75% of final
average compensation if retirement occurs before January 1,
2001 or to a maximum of 80% of final average compensation if
retirement occurs on or after January 1, 2001.
These rates shall not be applicable to any service
performed by a member as a covered employee which is not
eligible creditable service. Service as a covered employee
which is not eligible creditable service shall be subject to
the rates and provisions of Section 14-108.
(b) For the purpose of this Section, "eligible creditable
service" means creditable service resulting from service in
one or more of the following positions:
(1) State policeman;
(2) fire fighter in the fire protection service of a
department;
(3) air pilot;
(4) special agent;
(5) investigator for the Secretary of State;
(6) conservation police officer;
(7) investigator for the Department of Revenue or the
Illinois Gaming Board;
(8) security employee of the Department of Human
Services;

(9) Central Management Services security police
officer;
(10) security employee of the Department of
Corrections or the Department of Juvenile Justice;
(11) dangerous drugs investigator;
(12) investigator for the Illinois State Police;
(13) investigator for the Office of the Attorney
General;
(14) controlled substance inspector;
(15) investigator for the Office of the State's
Attorneys Appellate Prosecutor;
(16) Commerce Commission police officer;
(17) arson investigator;
(18) State highway maintenance worker;
(19) security employee of the Department of Innovation
and Technology; or
(20) transferred employee.
A person employed in one of the positions specified in
this subsection is entitled to eligible creditable service for
service credit earned under this Article while undergoing the
basic police training course approved by the Illinois Law
Enforcement Training Standards Board, if completion of that
training is required of persons serving in that position. For
the purposes of this Code, service during the required basic
police training course shall be deemed performance of the
duties of the specified position, even though the person is

not a sworn peace officer at the time of the training.
A person under paragraph (20) is entitled to eligible
creditable service for service credit earned under this
Article on and after his or her transfer by Executive Order No.
2003-10, Executive Order No. 2004-2, or Executive Order No.
2016-1.
(c) For the purposes of this Section:
(1) The term "State policeman" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(2) The term "fire fighter in the fire protection
service of a department" includes all officers in such
fire protection service including fire chiefs and
assistant fire chiefs.
(3) The term "air pilot" includes any employee whose
official job description on file in the Department of
Central Management Services, or in the department by which
he is employed if that department is not covered by the
Personnel Code, states that his principal duty is the
operation of aircraft, and who possesses a pilot's
license; however, the change in this definition made by
Public Act 83-842 this amendatory Act of 1983 shall not
operate to exclude any noncovered employee who was an "air
pilot" for the purposes of this Section on January 1,
1984.
(4) The term "special agent" means any person who by

reason of employment by the Division of Narcotic Control,
the Bureau of Investigation or, after July 1, 1977, the
Division of Criminal Investigation, the Division of
Internal Investigation, the Division of Operations, the
Division of Patrol Operations, or any other Division or
organizational entity in the Illinois State Police is
vested by law with duties to maintain public order,
investigate violations of the criminal law of this State,
enforce the laws of this State, make arrests and recover
property. The term "special agent" includes any title or
position in the Illinois State Police that is held by an
individual employed under the Illinois State Police Act.
(5) The term "investigator for the Secretary of State"
means any person employed by the Office of the Secretary
of State and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
A person who became employed as an investigator for
the Secretary of State between January 1, 1967 and
December 31, 1975, and who has served as such until
attainment of age 60, either continuously or with a single
break in service of not more than 3 years duration, which
break terminated before January 1, 1976, shall be entitled
to have his retirement annuity calculated in accordance
with subsection (a), notwithstanding that he has less than

20 years of credit for such service.
(6) The term "Conservation Police Officer" means any
person employed by the Division of Law Enforcement of the
Department of Natural Resources and vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
term "Conservation Police Officer" includes the positions
of Chief Conservation Police Administrator and Assistant
Conservation Police Administrator.
(7) The term "investigator for the Department of
Revenue" means any person employed by the Department of
Revenue and vested with such investigative duties as
render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
The term "investigator for the Illinois Gaming Board"
means any person employed as such by the Illinois Gaming
Board and vested with such peace officer duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act.
(8) The term "security employee of the Department of
Human Services" means any person employed by the
Department of Human Services who (i) is employed at the
Chester Mental Health Center and has daily contact with

the residents thereof, (ii) is employed within a security
unit at a facility operated by the Department and has
daily contact with the residents of the security unit,
(iii) is employed at a facility operated by the Department
that includes a security unit and is regularly scheduled
to work at least 50% of his or her working hours within
that security unit, or (iv) is a mental health police
officer. "Mental health police officer" means any person
employed by the Department of Human Services in a position
pertaining to the Department's mental health and
developmental disabilities functions who is vested with
such law enforcement duties as render the person
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
218(l)(1) of that Act. "Security unit" means that portion
of a facility that is devoted to the care, containment,
and treatment of persons committed to the Department of
Human Services as sexually violent persons, persons unfit
to stand trial, or persons not guilty by reason of
insanity. With respect to past employment, references to
the Department of Human Services include its predecessor,
the Department of Mental Health and Developmental
Disabilities.
The changes made to this subdivision (c)(8) by Public
Act 92-14 apply to persons who retire on or after January
1, 2001, notwithstanding Section 1-103.1.

(9) "Central Management Services security police
officer" means any person employed by the Department of
Central Management Services who is vested with such law
enforcement duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
(10) For a member who first became an employee under
this Article before July 1, 2005, the term "security
employee of the Department of Corrections or the
Department of Juvenile Justice" means any employee of the
Department of Corrections or the Department of Juvenile
Justice or the former Department of Personnel, and any
member or employee of the Prisoner Review Board, who has
daily contact with inmates or youth by working within a
correctional facility or Juvenile facility operated by the
Department of Juvenile Justice or who is a parole officer
or an employee who has direct contact with committed
persons in the performance of his or her job duties. For a
member who first becomes an employee under this Article on
or after July 1, 2005, the term means an employee of the
Department of Corrections or the Department of Juvenile
Justice who is any of the following: (i) officially
headquartered at a correctional facility or Juvenile
facility operated by the Department of Juvenile Justice,
(ii) a parole officer, (iii) a member of the apprehension
unit, (iv) a member of the intelligence unit, (v) a member

of the sort team, or (vi) an investigator.
(11) The term "dangerous drugs investigator" means any
person who is employed as such by the Department of Human
Services.
(12) The term "investigator for the Illinois State
Police" means a person employed by the Illinois State
Police who is vested under Section 4 of the Narcotic
Control Division Abolition Act with such law enforcement
powers as render him ineligible for coverage under the
Social Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D) and 218(l)(1) of that Act.
(13) "Investigator for the Office of the Attorney
General" means any person who is employed as such by the
Office of the Attorney General and is vested with such
investigative duties as render him ineligible for coverage
under the Social Security Act by reason of Sections
218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
the period before January 1, 1989, the term includes all
persons who were employed as investigators by the Office
of the Attorney General, without regard to social security
status.
(14) "Controlled substance inspector" means any person
who is employed as such by the Department of Professional
Regulation and is vested with such law enforcement duties
as render him ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),

218(d)(8)(D) and 218(l)(1) of that Act. The term
"controlled substance inspector" includes the Program
Executive of Enforcement and the Assistant Program
Executive of Enforcement.
(15) The term "investigator for the Office of the
State's Attorneys Appellate Prosecutor" means a person
employed in that capacity on a full-time full time basis
under the authority of Section 7.06 of the State's
Attorneys Appellate Prosecutor's Act.
(16) "Commerce Commission police officer" means any
person employed by the Illinois Commerce Commission who is
vested with such law enforcement duties as render him
ineligible for coverage under the Social Security Act by
reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
218(l)(1) of that Act.
(17) "Arson investigator" means any person who is
employed as such by the Office of the State Fire Marshal
and is vested with such law enforcement duties as render
the person ineligible for coverage under the Social
Security Act by reason of Sections 218(d)(5)(A),
218(d)(8)(D), and 218(l)(1) of that Act. A person who was
employed as an arson investigator on January 1, 1995 and
is no longer in service but not yet receiving a retirement
annuity may convert his or her creditable service for
employment as an arson investigator into eligible
creditable service by paying to the System the difference

between the employee contributions actually paid for that
service and the amounts that would have been contributed
if the applicant were contributing at the rate applicable
to persons with the same social security status earning
eligible creditable service on the date of application.
(18) The term "State highway maintenance worker" means
a person who is either of the following:
(i) A person employed on a full-time basis by the
Illinois Department of Transportation in the position
of highway maintainer, highway maintenance lead
worker, highway maintenance lead/lead worker, heavy
construction equipment operator, power shovel
operator, or bridge mechanic; and whose principal
responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the highways that
form a part of the State highway system in serviceable
condition for vehicular traffic.
(ii) A person employed on a full-time basis by the
Illinois State Toll Highway Authority in the position
of equipment operator/laborer H-4, equipment
operator/laborer H-6, welder H-4, welder H-6,
mechanical/electrical H-4, mechanical/electrical H-6,
water/sewer H-4, water/sewer H-6, sign maker/hanger
H-4, sign maker/hanger H-6, roadway lighting H-4,
roadway lighting H-6, structural H-4, structural H-6,
painter H-4, or painter H-6; and whose principal

responsibility is to perform, on the roadway, the
actual maintenance necessary to keep the Authority's
tollways in serviceable condition for vehicular
traffic.
(19) The term "security employee of the Department of
Innovation and Technology" means a person who was a
security employee of the Department of Corrections or the
Department of Juvenile Justice, was transferred to the
Department of Innovation and Technology pursuant to
Executive Order 2016-01, and continues to perform similar
job functions under that Department.
(20) "Transferred employee" means an employee who was
transferred to the Department of Central Management
Services by Executive Order No. 2003-10 or Executive Order
No. 2004-2 or transferred to the Department of Innovation
and Technology by Executive Order No. 2016-1, or both, and
was entitled to eligible creditable service for services
immediately preceding the transfer.
(d) A security employee of the Department of Corrections
or the Department of Juvenile Justice, a security employee of
the Department of Human Services who is not a mental health
police officer, and a security employee of the Department of
Innovation and Technology shall not be eligible for the
alternative retirement annuity provided by this Section unless
he or she meets the following minimum age and service
requirements at the time of retirement:

(i) 25 years of eligible creditable service and age
55; or
(ii) beginning January 1, 1987, 25 years of eligible
creditable service and age 54, or 24 years of eligible
creditable service and age 55; or
(iii) beginning January 1, 1988, 25 years of eligible
creditable service and age 53, or 23 years of eligible
creditable service and age 55; or
(iv) beginning January 1, 1989, 25 years of eligible
creditable service and age 52, or 22 years of eligible
creditable service and age 55; or
(v) beginning January 1, 1990, 25 years of eligible
creditable service and age 51, or 21 years of eligible
creditable service and age 55; or
(vi) beginning January 1, 1991, 25 years of eligible
creditable service and age 50, or 20 years of eligible
creditable service and age 55.
Persons who have service credit under Article 16 of this
Code for service as a security employee of the Department of
Corrections or the Department of Juvenile Justice, or the
Department of Human Services in a position requiring
certification as a teacher may count such service toward
establishing their eligibility under the service requirements
of this Section; but such service may be used only for
establishing such eligibility, and not for the purpose of
increasing or calculating any benefit.

(e) If a member enters military service while working in a
position in which eligible creditable service may be earned,
and returns to State service in the same or another such
position, and fulfills in all other respects the conditions
prescribed in this Article for credit for military service,
such military service shall be credited as eligible creditable
service for the purposes of the retirement annuity prescribed
in this Section.
(f) For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before October 1, 1975 as a covered employee in the
position of special agent, conservation police officer, mental
health police officer, or investigator for the Secretary of
State, shall be deemed to have been service as a noncovered
employee, provided that the employee pays to the System prior
to retirement an amount equal to (1) the difference between
the employee contributions that would have been required for
such service as a noncovered employee, and the amount of
employee contributions actually paid, plus (2) if payment is
made after July 31, 1987, regular interest on the amount
specified in item (1) from the date of service to the date of
payment.
For purposes of calculating retirement annuities under
this Section, periods of service rendered after December 31,
1968 and before January 1, 1982 as a covered employee in the
position of investigator for the Department of Revenue shall

be deemed to have been service as a noncovered employee,
provided that the employee pays to the System prior to
retirement an amount equal to (1) the difference between the
employee contributions that would have been required for such
service as a noncovered employee, and the amount of employee
contributions actually paid, plus (2) if payment is made after
January 1, 1990, regular interest on the amount specified in
item (1) from the date of service to the date of payment.
(g) A State policeman may elect, not later than January 1,
1990, to establish eligible creditable service for up to 10
years of his service as a policeman under Article 3, by filing
a written election with the Board, accompanied by payment of
an amount to be determined by the Board, equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Section 3-110.5,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), a State
policeman may elect, not later than July 1, 1993, to establish
eligible creditable service for up to 10 years of his service
as a member of the County Police Department under Article 9, by
filing a written election with the Board, accompanied by
payment of an amount to be determined by the Board, equal to

(i) the difference between the amount of employee and employer
contributions transferred to the System under Section 9-121.10
and the amounts that would have been contributed had those
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(h) Subject to the limitation in subsection (i), a State
policeman or investigator for the Secretary of State may elect
to establish eligible creditable service for up to 12 years of
his service as a policeman under Article 5, by filing a written
election with the Board on or before January 31, 1992, and
paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 5-236, and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 10 years of service as a sheriff's
law enforcement employee under Article 7, by filing a written
election with the Board on or before January 31, 1993, and

paying to the System by January 31, 1994 an amount to be
determined by the Board, equal to (i) the difference between
the amount of employee and employer contributions transferred
to the System under Section 7-139.7, and the amounts that
would have been contributed had such contributions been made
at the rates applicable to State policemen, plus (ii) interest
thereon at the effective rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, or investigator for
the Secretary of State may elect to establish eligible
creditable service for up to 5 years of service as a police
officer under Article 3, a policeman under Article 5, a
sheriff's law enforcement employee under Article 7, a member
of the county police department under Article 9, or a police
officer under Article 15 by filing a written election with the
Board and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
Subject to the limitation in subsection (i), an

investigator for the Office of the Attorney General, or an
investigator for the Department of Revenue, may elect to
establish eligible creditable service for up to 5 years of
service as a police officer under Article 3, a policeman under
Article 5, a sheriff's law enforcement employee under Article
7, or a member of the county police department under Article 9
by filing a written election with the Board within 6 months
after August 25, 2009 (the effective date of Public Act
96-745) and paying to the System an amount to be determined by
the Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, conservation police officer, investigator for the
Office of the Attorney General, an investigator for the
Department of Revenue, or investigator for the Secretary of
State may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a
participating municipality to perform police duties, or law
enforcement officer employed on a full-time basis by a forest
preserve district under Article 7, a county corrections

officer, or a court services officer under Article 9, by
filing a written election with the Board within 6 months after
August 25, 2009 (the effective date of Public Act 96-745) and
paying to the System an amount to be determined by the Board,
equal to (i) the difference between the amount of employee and
employer contributions transferred to the System under
Sections 7-139.8 and 9-121.10 and the amounts that would have
been contributed had such contributions been made at the rates
applicable to State policemen, plus (ii) interest thereon at
the actuarially assumed rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a State
policeman, arson investigator, or Commerce Commission police
officer may elect to establish eligible creditable service for
up to 5 years of service as a person employed by a
participating municipality to perform police duties under
Article 7, a county corrections officer, a court services
officer under Article 9, or a firefighter under Article 4 by
filing a written election with the Board within 6 months after
July 30, 2021 (the effective date of Public Act 102-210) this
amendatory Act of the 102nd General Assembly and paying to the
System an amount to be determined by the Board equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Sections
4-108.8, 7-139.8, and 9-121.10 and the amounts that would have
been contributed had such contributions been made at the rates

applicable to State policemen, plus (ii) interest thereon at
the actuarially assumed rate for each year, compounded
annually, from the date of service to the date of payment.
Subject to the limitation in subsection (i), a
conservation police officer may elect to establish eligible
creditable service for up to 5 years of service as a person
employed by a participating municipality to perform police
duties under Article 7, a county corrections officer, or a
court services officer under Article 9 by filing a written
election with the Board within 6 months after July 30, 2021
(the effective date of Public Act 102-210) this amendatory Act
of the 102nd General Assembly and paying to the System an
amount to be determined by the Board equal to (i) the
difference between the amount of employee and employer
contributions transferred to the System under Sections 7-139.8
and 9-121.10 and the amounts that would have been contributed
had such contributions been made at the rates applicable to
State policemen, plus (ii) interest thereon at the actuarially
assumed rate for each year, compounded annually, from the date
of service to the date of payment.
Notwithstanding the limitation in subsection (i), a State
policeman or conservation police officer may elect to convert
service credit earned under this Article to eligible
creditable service, as defined by this Section, by filing a
written election with the board within 6 months after July 30,
2021 (the effective date of Public Act 102-210) this

amendatory Act of the 102nd General Assembly and paying to the
System an amount to be determined by the Board equal to (i) the
difference between the amount of employee contributions
originally paid for that service and the amounts that would
have been contributed had such contributions been made at the
rates applicable to State policemen, plus (ii) the difference
between the employer's normal cost of the credit prior to the
conversion authorized by Public Act 102-210 this amendatory
Act of the 102nd General Assembly and the employer's normal
cost of the credit converted in accordance with Public Act
102-210 this amendatory Act of the 102nd General Assembly,
plus (iii) interest thereon at the actuarially assumed rate
for each year, compounded annually, from the date of service
to the date of payment.
(i) The total amount of eligible creditable service
established by any person under subsections (g), (h), (j),
(k), (l), (l-5), and (o) of this Section shall not exceed 12
years.
(j) Subject to the limitation in subsection (i), an
investigator for the Office of the State's Attorneys Appellate
Prosecutor or a controlled substance inspector may elect to
establish eligible creditable service for up to 10 years of
his service as a policeman under Article 3 or a sheriff's law
enforcement employee under Article 7, by filing a written
election with the Board, accompanied by payment of an amount
to be determined by the Board, equal to (1) the difference

between the amount of employee and employer contributions
transferred to the System under Section 3-110.6 or 7-139.8,
and the amounts that would have been contributed had such
contributions been made at the rates applicable to State
policemen, plus (2) interest thereon at the effective rate for
each year, compounded annually, from the date of service to
the date of payment.
(k) Subject to the limitation in subsection (i) of this
Section, an alternative formula employee may elect to
establish eligible creditable service for periods spent as a
full-time law enforcement officer or full-time corrections
officer employed by the federal government or by a state or
local government located outside of Illinois, for which credit
is not held in any other public employee pension fund or
retirement system. To obtain this credit, the applicant must
file a written application with the Board by March 31, 1998,
accompanied by evidence of eligibility acceptable to the Board
and payment of an amount to be determined by the Board, equal
to (1) employee contributions for the credit being
established, based upon the applicant's salary on the first
day as an alternative formula employee after the employment
for which credit is being established and the rates then
applicable to alternative formula employees, plus (2) an
amount determined by the Board to be the employer's normal
cost of the benefits accrued for the credit being established,
plus (3) regular interest on the amounts in items (1) and (2)

from the first day as an alternative formula employee after
the employment for which credit is being established to the
date of payment.
(l) Subject to the limitation in subsection (i), a
security employee of the Department of Corrections may elect,
not later than July 1, 1998, to establish eligible creditable
service for up to 10 years of his or her service as a policeman
under Article 3, by filing a written election with the Board,
accompanied by payment of an amount to be determined by the
Board, equal to (i) the difference between the amount of
employee and employer contributions transferred to the System
under Section 3-110.5, and the amounts that would have been
contributed had such contributions been made at the rates
applicable to security employees of the Department of
Corrections, plus (ii) interest thereon at the effective rate
for each year, compounded annually, from the date of service
to the date of payment.
(l-5) Subject to the limitation in subsection (i) of this
Section, a State policeman may elect to establish eligible
creditable service for up to 5 years of service as a full-time
law enforcement officer employed by the federal government or
by a state or local government located outside of Illinois for
which credit is not held in any other public employee pension
fund or retirement system. To obtain this credit, the
applicant must file a written application with the Board no
later than 3 years after January 1, 2020 (the effective date of

Public Act 101-610) this amendatory Act of the 101st General
Assembly, accompanied by evidence of eligibility acceptable to
the Board and payment of an amount to be determined by the
Board, equal to (1) employee contributions for the credit
being established, based upon the applicant's salary on the
first day as an alternative formula employee after the
employment for which credit is being established and the rates
then applicable to alternative formula employees, plus (2) an
amount determined by the Board to be the employer's normal
cost of the benefits accrued for the credit being established,
plus (3) regular interest on the amounts in items (1) and (2)
from the first day as an alternative formula employee after
the employment for which credit is being established to the
date of payment.
(m) The amendatory changes to this Section made by Public
Act 94-696 this amendatory Act of the 94th General Assembly
apply only to: (1) security employees of the Department of
Juvenile Justice employed by the Department of Corrections
before June 1, 2006 (the effective date of Public Act 94-696)
this amendatory Act of the 94th General Assembly and
transferred to the Department of Juvenile Justice by Public
Act 94-696 this amendatory Act of the 94th General Assembly;
and (2) persons employed by the Department of Juvenile Justice
on or after June 1, 2006 (the effective date of Public Act
94-696) this amendatory Act of the 94th General Assembly who
are required by subsection (b) of Section 3-2.5-15 of the

Unified Code of Corrections to have any bachelor's or advanced
degree from an accredited college or university or, in the
case of persons who provide vocational training, who are
required to have adequate knowledge in the skill for which
they are providing the vocational training.
(n) A person employed in a position under subsection (b)
of this Section who has purchased service credit under
subsection (j) of Section 14-104 or subsection (b) of Section
14-105 in any other capacity under this Article may convert up
to 5 years of that service credit into service credit covered
under this Section by paying to the Fund an amount equal to (1)
the additional employee contribution required under Section
14-133, plus (2) the additional employer contribution required
under Section 14-131, plus (3) interest on items (1) and (2) at
the actuarially assumed rate from the date of the service to
the date of payment.
(o) Subject to the limitation in subsection (i), a
conservation police officer, investigator for the Secretary of
State, Commerce Commission police officer, investigator for
the Department of Revenue or the Illinois Gaming Board, or
arson investigator subject to subsection (g) of Section 1-160
may elect to convert up to 8 years of service credit
established before January 1, 2020 (the effective date of
Public Act 101-610) this amendatory Act of the 101st General
Assembly as a conservation police officer, investigator for
the Secretary of State, Commerce Commission police officer,

investigator for the Department of Revenue or the Illinois
Gaming Board, or arson investigator under this Article into
eligible creditable service by filing a written election with
the Board no later than one year after January 1, 2020 (the
effective date of Public Act 101-610) this amendatory Act of
the 101st General Assembly, accompanied by payment of an
amount to be determined by the Board equal to (i) the
difference between the amount of the employee contributions
actually paid for that service and the amount of the employee
contributions that would have been paid had the employee
contributions been made as a noncovered employee serving in a
position in which eligible creditable service, as defined in
this Section, may be earned, plus (ii) interest thereon at the
effective rate for each year, compounded annually, from the
date of service to the date of payment.
(Source: P.A. 101-610, eff. 1-1-20; 102-210, eff. 7-30-21;
102-538, eff. 8-20-21; revised 10-12-21.)
(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
Sec. 16-158. Contributions by State and other employing
units.
(a) The State shall make contributions to the System by
means of appropriations from the Common School Fund and other
State funds of amounts which, together with other employer
contributions, employee contributions, investment income, and
other income, will be sufficient to meet the cost of

maintaining and administering the System on a 90% funded basis
in accordance with actuarial recommendations.
The Board shall determine the amount of State
contributions required for each fiscal year on the basis of
the actuarial tables and other assumptions adopted by the
Board and the recommendations of the actuary, using the
formula in subsection (b-3).
(a-1) Annually, on or before November 15 until November
15, 2011, the Board shall certify to the Governor the amount of
the required State contribution for the coming fiscal year.
The certification under this subsection (a-1) shall include a
copy of the actuarial recommendations upon which it is based
and shall specifically identify the System's projected State
normal cost for that fiscal year.
On or before May 1, 2004, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2005, taking
into account the amounts appropriated to and received by the
System under subsection (d) of Section 7.2 of the General
Obligation Bond Act.
On or before July 1, 2005, the Board shall recalculate and
recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2006, taking
into account the changes in required State contributions made
by Public Act 94-4.
On or before April 1, 2011, the Board shall recalculate

and recertify to the Governor the amount of the required State
contribution to the System for State fiscal year 2011,
applying the changes made by Public Act 96-889 to the System's
assets and liabilities as of June 30, 2009 as though Public Act
96-889 was approved on that date.
(a-5) On or before November 1 of each year, beginning
November 1, 2012, the Board shall submit to the State Actuary,
the Governor, and the General Assembly a proposed
certification of the amount of the required State contribution
to the System for the next fiscal year, along with all of the
actuarial assumptions, calculations, and data upon which that
proposed certification is based. On or before January 1 of
each year, beginning January 1, 2013, the State Actuary shall
issue a preliminary report concerning the proposed
certification and identifying, if necessary, recommended
changes in actuarial assumptions that the Board must consider
before finalizing its certification of the required State
contributions. On or before January 15, 2013 and each January
15 thereafter, the Board shall certify to the Governor and the
General Assembly the amount of the required State contribution
for the next fiscal year. The Board's certification must note
any deviations from the State Actuary's recommended changes,
the reason or reasons for not following the State Actuary's
recommended changes, and the fiscal impact of not following
the State Actuary's recommended changes on the required State
contribution.

(a-10) By November 1, 2017, the Board shall recalculate
and recertify to the State Actuary, the Governor, and the
General Assembly the amount of the State contribution to the
System for State fiscal year 2018, taking into account the
changes in required State contributions made by Public Act
100-23. The State Actuary shall review the assumptions and
valuations underlying the Board's revised certification and
issue a preliminary report concerning the proposed
recertification and identifying, if necessary, recommended
changes in actuarial assumptions that the Board must consider
before finalizing its certification of the required State
contributions. The Board's final certification must note any
deviations from the State Actuary's recommended changes, the
reason or reasons for not following the State Actuary's
recommended changes, and the fiscal impact of not following
the State Actuary's recommended changes on the required State
contribution.
(a-15) On or after June 15, 2019, but no later than June
30, 2019, the Board shall recalculate and recertify to the
Governor and the General Assembly the amount of the State
contribution to the System for State fiscal year 2019, taking
into account the changes in required State contributions made
by Public Act 100-587. The recalculation shall be made using
assumptions adopted by the Board for the original fiscal year
2019 certification. The monthly voucher for the 12th month of
fiscal year 2019 shall be paid by the Comptroller after the

recertification required pursuant to this subsection is
submitted to the Governor, Comptroller, and General Assembly.
The recertification submitted to the General Assembly shall be
filed with the Clerk of the House of Representatives and the
Secretary of the Senate in electronic form only, in the manner
that the Clerk and the Secretary shall direct.
(b) Through State fiscal year 1995, the State
contributions shall be paid to the System in accordance with
Section 18-7 of the School Code.
(b-1) Beginning in State fiscal year 1996, on the 15th day
of each month, or as soon thereafter as may be practicable, the
Board shall submit vouchers for payment of State contributions
to the System, in a total monthly amount of one-twelfth of the
required annual State contribution certified under subsection
(a-1). From March 5, 2004 (the effective date of Public Act
93-665) through June 30, 2004, the Board shall not submit
vouchers for the remainder of fiscal year 2004 in excess of the
fiscal year 2004 certified contribution amount determined
under this Section after taking into consideration the
transfer to the System under subsection (a) of Section 6z-61
of the State Finance Act. These vouchers shall be paid by the
State Comptroller and Treasurer by warrants drawn on the funds
appropriated to the System for that fiscal year.
If in any month the amount remaining unexpended from all
other appropriations to the System for the applicable fiscal
year (including the appropriations to the System under Section

8.12 of the State Finance Act and Section 1 of the State
Pension Funds Continuing Appropriation Act) is less than the
amount lawfully vouchered under this subsection, the
difference shall be paid from the Common School Fund under the
continuing appropriation authority provided in Section 1.1 of
the State Pension Funds Continuing Appropriation Act.
(b-2) Allocations from the Common School Fund apportioned
to school districts not coming under this System shall not be
diminished or affected by the provisions of this Article.
(b-3) For State fiscal years 2012 through 2045, the
minimum contribution to the System to be made by the State for
each fiscal year shall be an amount determined by the System to
be sufficient to bring the total assets of the System up to 90%
of the total actuarial liabilities of the System by the end of
State fiscal year 2045. In making these determinations, the
required State contribution shall be calculated each year as a
level percentage of payroll over the years remaining to and
including fiscal year 2045 and shall be determined under the
projected unit credit actuarial cost method.
For each of State fiscal years 2018, 2019, and 2020, the
State shall make an additional contribution to the System
equal to 2% of the total payroll of each employee who is deemed
to have elected the benefits under Section 1-161 or who has
made the election under subsection (c) of Section 1-161.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and

first applies in State fiscal year 2018 or thereafter shall be
implemented in equal annual amounts over a 5-year period
beginning in the State fiscal year in which the actuarial
change first applies to the required State contribution.
A change in an actuarial or investment assumption that
increases or decreases the required State contribution and
first applied to the State contribution in fiscal year 2014,
2015, 2016, or 2017 shall be implemented:
(i) as already applied in State fiscal years before
2018; and
(ii) in the portion of the 5-year period beginning in
the State fiscal year in which the actuarial change first
applied that occurs in State fiscal year 2018 or
thereafter, by calculating the change in equal annual
amounts over that 5-year period and then implementing it
at the resulting annual rate in each of the remaining
fiscal years in that 5-year period.
For State fiscal years 1996 through 2005, the State
contribution to the System, as a percentage of the applicable
employee payroll, shall be increased in equal annual
increments so that by State fiscal year 2011, the State is
contributing at the rate required under this Section; except
that in the following specified State fiscal years, the State
contribution to the System shall not be less than the
following indicated percentages of the applicable employee
payroll, even if the indicated percentage will produce a State

contribution in excess of the amount otherwise required under
this subsection and subsection (a), and notwithstanding any
contrary certification made under subsection (a-1) before May
27, 1998 (the effective date of Public Act 90-582): 10.02% in
FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
2002; 12.86% in FY 2003; and 13.56% in FY 2004.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2006
is $534,627,700.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2007
is $738,014,500.
For each of State fiscal years 2008 through 2009, the
State contribution to the System, as a percentage of the
applicable employee payroll, shall be increased in equal
annual increments from the required State contribution for
State fiscal year 2007, so that by State fiscal year 2011, the
State is contributing at the rate otherwise required under
this Section.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2010
is $2,089,268,000 and shall be made from the proceeds of bonds
sold in fiscal year 2010 pursuant to Section 7.2 of the General
Obligation Bond Act, less (i) the pro rata share of bond sale
expenses determined by the System's share of total bond
proceeds, (ii) any amounts received from the Common School

Fund in fiscal year 2010, and (iii) any reduction in bond
proceeds due to the issuance of discounted bonds, if
applicable.
Notwithstanding any other provision of this Article, the
total required State contribution for State fiscal year 2011
is the amount recertified by the System on or before April 1,
2011 pursuant to subsection (a-1) of this Section and shall be
made from the proceeds of bonds sold in fiscal year 2011
pursuant to Section 7.2 of the General Obligation Bond Act,
less (i) the pro rata share of bond sale expenses determined by
the System's share of total bond proceeds, (ii) any amounts
received from the Common School Fund in fiscal year 2011, and
(iii) any reduction in bond proceeds due to the issuance of
discounted bonds, if applicable. This amount shall include, in
addition to the amount certified by the System, an amount
necessary to meet employer contributions required by the State
as an employer under paragraph (e) of this Section, which may
also be used by the System for contributions required by
paragraph (a) of Section 16-127.
Beginning in State fiscal year 2046, the minimum State
contribution for each fiscal year shall be the amount needed
to maintain the total assets of the System at 90% of the total
actuarial liabilities of the System.
Amounts received by the System pursuant to Section 25 of
the Budget Stabilization Act or Section 8.12 of the State
Finance Act in any fiscal year do not reduce and do not

constitute payment of any portion of the minimum State
contribution required under this Article in that fiscal year.
Such amounts shall not reduce, and shall not be included in the
calculation of, the required State contributions under this
Article in any future year until the System has reached a
funding ratio of at least 90%. A reference in this Article to
the "required State contribution" or any substantially similar
term does not include or apply to any amounts payable to the
System under Section 25 of the Budget Stabilization Act.
Notwithstanding any other provision of this Section, the
required State contribution for State fiscal year 2005 and for
fiscal year 2008 and each fiscal year thereafter, as
calculated under this Section and certified under subsection
(a-1), shall not exceed an amount equal to (i) the amount of
the required State contribution that would have been
calculated under this Section for that fiscal year if the
System had not received any payments under subsection (d) of
Section 7.2 of the General Obligation Bond Act, minus (ii) the
portion of the State's total debt service payments for that
fiscal year on the bonds issued in fiscal year 2003 for the
purposes of that Section 7.2, as determined and certified by
the Comptroller, that is the same as the System's portion of
the total moneys distributed under subsection (d) of Section
7.2 of the General Obligation Bond Act. In determining this
maximum for State fiscal years 2008 through 2010, however, the
amount referred to in item (i) shall be increased, as a

percentage of the applicable employee payroll, in equal
increments calculated from the sum of the required State
contribution for State fiscal year 2007 plus the applicable
portion of the State's total debt service payments for fiscal
year 2007 on the bonds issued in fiscal year 2003 for the
purposes of Section 7.2 of the General Obligation Bond Act, so
that, by State fiscal year 2011, the State is contributing at
the rate otherwise required under this Section.
(b-4) Beginning in fiscal year 2018, each employer under
this Article shall pay to the System a required contribution
determined as a percentage of projected payroll and sufficient
to produce an annual amount equal to:
(i) for each of fiscal years 2018, 2019, and 2020, the
defined benefit normal cost of the defined benefit plan,
less the employee contribution, for each employee of that
employer who has elected or who is deemed to have elected
the benefits under Section 1-161 or who has made the
election under subsection (b) of Section 1-161; for fiscal
year 2021 and each fiscal year thereafter, the defined
benefit normal cost of the defined benefit plan, less the
employee contribution, plus 2%, for each employee of that
employer who has elected or who is deemed to have elected
the benefits under Section 1-161 or who has made the
election under subsection (b) of Section 1-161; plus
(ii) the amount required for that fiscal year to
amortize any unfunded actuarial accrued liability

associated with the present value of liabilities
attributable to the employer's account under Section
16-158.3, determined as a level percentage of payroll over
a 30-year rolling amortization period.
In determining contributions required under item (i) of
this subsection, the System shall determine an aggregate rate
for all employers, expressed as a percentage of projected
payroll.
In determining the contributions required under item (ii)
of this subsection, the amount shall be computed by the System
on the basis of the actuarial assumptions and tables used in
the most recent actuarial valuation of the System that is
available at the time of the computation.
The contributions required under this subsection (b-4)
shall be paid by an employer concurrently with that employer's
payroll payment period. The State, as the actual employer of
an employee, shall make the required contributions under this
subsection.
(c) Payment of the required State contributions and of all
pensions, retirement annuities, death benefits, refunds, and
other benefits granted under or assumed by this System, and
all expenses in connection with the administration and
operation thereof, are obligations of the State.
If members are paid from special trust or federal funds
which are administered by the employing unit, whether school
district or other unit, the employing unit shall pay to the

System from such funds the full accruing retirement costs
based upon that service, which, beginning July 1, 2017, shall
be at a rate, expressed as a percentage of salary, equal to the
total employer's normal cost, expressed as a percentage of
payroll, as determined by the System. Employer contributions,
based on salary paid to members from federal funds, may be
forwarded by the distributing agency of the State of Illinois
to the System prior to allocation, in an amount determined in
accordance with guidelines established by such agency and the
System. Any contribution for fiscal year 2015 collected as a
result of the change made by Public Act 98-674 shall be
considered a State contribution under subsection (b-3) of this
Section.
(d) Effective July 1, 1986, any employer of a teacher as
defined in paragraph (8) of Section 16-106 shall pay the
employer's normal cost of benefits based upon the teacher's
service, in addition to employee contributions, as determined
by the System. Such employer contributions shall be forwarded
monthly in accordance with guidelines established by the
System.
However, with respect to benefits granted under Section
16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
of Section 16-106, the employer's contribution shall be 12%
(rather than 20%) of the member's highest annual salary rate
for each year of creditable service granted, and the employer
shall also pay the required employee contribution on behalf of

the teacher. For the purposes of Sections 16-133.4 and
16-133.5, a teacher as defined in paragraph (8) of Section
16-106 who is serving in that capacity while on leave of
absence from another employer under this Article shall not be
considered an employee of the employer from which the teacher
is on leave.
(e) Beginning July 1, 1998, every employer of a teacher
shall pay to the System an employer contribution computed as
follows:
(1) Beginning July 1, 1998 through June 30, 1999, the
employer contribution shall be equal to 0.3% of each
teacher's salary.
(2) Beginning July 1, 1999 and thereafter, the
employer contribution shall be equal to 0.58% of each
teacher's salary.
The school district or other employing unit may pay these
employer contributions out of any source of funding available
for that purpose and shall forward the contributions to the
System on the schedule established for the payment of member
contributions.
These employer contributions are intended to offset a
portion of the cost to the System of the increases in
retirement benefits resulting from Public Act 90-582.
Each employer of teachers is entitled to a credit against
the contributions required under this subsection (e) with
respect to salaries paid to teachers for the period January 1,

2002 through June 30, 2003, equal to the amount paid by that
employer under subsection (a-5) of Section 6.6 of the State
Employees Group Insurance Act of 1971 with respect to salaries
paid to teachers for that period.
The additional 1% employee contribution required under
Section 16-152 by Public Act 90-582 is the responsibility of
the teacher and not the teacher's employer, unless the
employer agrees, through collective bargaining or otherwise,
to make the contribution on behalf of the teacher.
If an employer is required by a contract in effect on May
1, 1998 between the employer and an employee organization to
pay, on behalf of all its full-time employees covered by this
Article, all mandatory employee contributions required under
this Article, then the employer shall be excused from paying
the employer contribution required under this subsection (e)
for the balance of the term of that contract. The employer and
the employee organization shall jointly certify to the System
the existence of the contractual requirement, in such form as
the System may prescribe. This exclusion shall cease upon the
termination, extension, or renewal of the contract at any time
after May 1, 1998.
(f) If the amount of a teacher's salary for any school year
used to determine final average salary exceeds the member's
annual full-time salary rate with the same employer for the
previous school year by more than 6%, the teacher's employer
shall pay to the System, in addition to all other payments

required under this Section and in accordance with guidelines
established by the System, the present value of the increase
in benefits resulting from the portion of the increase in
salary that is in excess of 6%. This present value shall be
computed by the System on the basis of the actuarial
assumptions and tables used in the most recent actuarial
valuation of the System that is available at the time of the
computation. If a teacher's salary for the 2005-2006 school
year is used to determine final average salary under this
subsection (f), then the changes made to this subsection (f)
by Public Act 94-1057 shall apply in calculating whether the
increase in his or her salary is in excess of 6%. For the
purposes of this Section, change in employment under Section
10-21.12 of the School Code on or after June 1, 2005 shall
constitute a change in employer. The System may require the
employer to provide any pertinent information or
documentation. The changes made to this subsection (f) by
Public Act 94-1111 apply without regard to whether the teacher
was in service on or after its effective date.
Whenever it determines that a payment is or may be
required under this subsection, the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
may, within 30 days after receipt of the bill, apply to the
System in writing for a recalculation. The application must

specify in detail the grounds of the dispute and, if the
employer asserts that the calculation is subject to subsection
(g), (g-5), (g-10), (g-15), or (h) of this Section, must
include an affidavit setting forth and attesting to all facts
within the employer's knowledge that are pertinent to the
applicability of that subsection. Upon receiving a timely
application for recalculation, the System shall review the
application and, if appropriate, recalculate the amount due.
The employer contributions required under this subsection
(f) may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not
paid within 90 days after receipt of the bill, then interest
will be charged at a rate equal to the System's annual
actuarially assumed rate of return on investment compounded
annually from the 91st day after receipt of the bill. Payments
must be concluded within 3 years after the employer's receipt
of the bill.
(f-1) (Blank).
(g) This subsection (g) applies only to payments made or
salary increases given on or after June 1, 2005 but before July
1, 2011. The changes made by Public Act 94-1057 shall not
require the System to refund any payments received before July
31, 2006 (the effective date of Public Act 94-1057).
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to
teachers under contracts or collective bargaining agreements

entered into, amended, or renewed before June 1, 2005.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases paid to a
teacher at a time when the teacher is 10 or more years from
retirement eligibility under Section 16-132 or 16-133.2.
When assessing payment for any amount due under subsection
(f), the System shall exclude salary increases resulting from
overload work, including summer school, when the school
district has certified to the System, and the System has
approved the certification, that (i) the overload work is for
the sole purpose of classroom instruction in excess of the
standard number of classes for a full-time teacher in a school
district during a school year and (ii) the salary increases
are equal to or less than the rate of pay for classroom
instruction computed on the teacher's current salary and work
schedule.
When assessing payment for any amount due under subsection
(f), the System shall exclude a salary increase resulting from
a promotion (i) for which the employee is required to hold a
certificate or supervisory endorsement issued by the State
Teacher Certification Board that is a different certification
or supervisory endorsement than is required for the teacher's
previous position and (ii) to a position that has existed and
been filled by a member for no less than one complete academic
year and the salary increase from the promotion is an increase
that results in an amount no greater than the lesser of the

average salary paid for other similar positions in the
district requiring the same certification or the amount
stipulated in the collective bargaining agreement for a
similar position requiring the same certification.
When assessing payment for any amount due under subsection
(f), the System shall exclude any payment to the teacher from
the State of Illinois or the State Board of Education over
which the employer does not have discretion, notwithstanding
that the payment is included in the computation of final
average salary.
(g-5) When assessing payment for any amount due under
subsection (f), the System shall exclude salary increases
resulting from overload or stipend work performed in a school
year subsequent to a school year in which the employer was
unable to offer or allow to be conducted overload or stipend
work due to an emergency declaration limiting such activities.
(g-10) When assessing payment for any amount due under
subsection (f), the System shall exclude salary increases
resulting from increased instructional time that exceeded the
instructional time required during the 2019-2020 school year.
(g-15) (g-5) When assessing payment for any amount due
under subsection (f), the System shall exclude salary
increases resulting from teaching summer school on or after
May 1, 2021 and before September 15, 2022.
(h) When assessing payment for any amount due under
subsection (f), the System shall exclude any salary increase

described in subsection (g) of this Section given on or after
July 1, 2011 but before July 1, 2014 under a contract or
collective bargaining agreement entered into, amended, or
renewed on or after June 1, 2005 but before July 1, 2011.
Notwithstanding any other provision of this Section, any
payments made or salary increases given after June 30, 2014
shall be used in assessing payment for any amount due under
subsection (f) of this Section.
(i) The System shall prepare a report and file copies of
the report with the Governor and the General Assembly by
January 1, 2007 that contains all of the following
information:
(1) The number of recalculations required by the
changes made to this Section by Public Act 94-1057 for
each employer.
(2) The dollar amount by which each employer's
contribution to the System was changed due to
recalculations required by Public Act 94-1057.
(3) The total amount the System received from each
employer as a result of the changes made to this Section by
Public Act 94-4.
(4) The increase in the required State contribution
resulting from the changes made to this Section by Public
Act 94-1057.
(i-5) For school years beginning on or after July 1, 2017,
if the amount of a participant's salary for any school year

exceeds the amount of the salary set for the Governor, the
participant's employer shall pay to the System, in addition to
all other payments required under this Section and in
accordance with guidelines established by the System, an
amount determined by the System to be equal to the employer
normal cost, as established by the System and expressed as a
total percentage of payroll, multiplied by the amount of
salary in excess of the amount of the salary set for the
Governor. This amount shall be computed by the System on the
basis of the actuarial assumptions and tables used in the most
recent actuarial valuation of the System that is available at
the time of the computation. The System may require the
employer to provide any pertinent information or
documentation.
Whenever it determines that a payment is or may be
required under this subsection, the System shall calculate the
amount of the payment and bill the employer for that amount.
The bill shall specify the calculations used to determine the
amount due. If the employer disputes the amount of the bill, it
may, within 30 days after receipt of the bill, apply to the
System in writing for a recalculation. The application must
specify in detail the grounds of the dispute. Upon receiving a
timely application for recalculation, the System shall review
the application and, if appropriate, recalculate the amount
due.
The employer contributions required under this subsection

may be paid in the form of a lump sum within 90 days after
receipt of the bill. If the employer contributions are not
paid within 90 days after receipt of the bill, then interest
will be charged at a rate equal to the System's annual
actuarially assumed rate of return on investment compounded
annually from the 91st day after receipt of the bill. Payments
must be concluded within 3 years after the employer's receipt
of the bill.
(j) For purposes of determining the required State
contribution to the System, the value of the System's assets
shall be equal to the actuarial value of the System's assets,
which shall be calculated as follows:
As of June 30, 2008, the actuarial value of the System's
assets shall be equal to the market value of the assets as of
that date. In determining the actuarial value of the System's
assets for fiscal years after June 30, 2008, any actuarial
gains or losses from investment return incurred in a fiscal
year shall be recognized in equal annual amounts over the
5-year period following that fiscal year.
(k) For purposes of determining the required State
contribution to the system for a particular year, the
actuarial value of assets shall be assumed to earn a rate of
return equal to the system's actuarially assumed rate of
return.
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
102-16, eff. 6-17-21; 102-525, eff. 8-20-21; 102-558, eff.

8-20-21; revised 10-21-21.)
(40 ILCS 5/16-203)
Sec. 16-203. Application and expiration of new benefit
increases.
(a) As used in this Section, "new benefit increase" means
an increase in the amount of any benefit provided under this
Article, or an expansion of the conditions of eligibility for
any benefit under this Article, that results from an amendment
to this Code that takes effect after June 1, 2005 (the
effective date of Public Act 94-4). "New benefit increase",
however, does not include any benefit increase resulting from
the changes made to Article 1 or this Article by Public Act
95-910, Public Act 100-23, Public Act 100-587, Public Act
100-743, Public Act 100-769, Public Act 101-10, or Public Act
101-49, or Public Act 102-16 this amendatory Act of the 102nd
General Assembly.
(b) Notwithstanding any other provision of this Code or
any subsequent amendment to this Code, every new benefit
increase is subject to this Section and shall be deemed to be
granted only in conformance with and contingent upon
compliance with the provisions of this Section.
(c) The Public Act enacting a new benefit increase must
identify and provide for payment to the System of additional
funding at least sufficient to fund the resulting annual
increase in cost to the System as it accrues.

Every new benefit increase is contingent upon the General
Assembly providing the additional funding required under this
subsection. The Commission on Government Forecasting and
Accountability shall analyze whether adequate additional
funding has been provided for the new benefit increase and
shall report its analysis to the Public Pension Division of
the Department of Insurance. A new benefit increase created by
a Public Act that does not include the additional funding
required under this subsection is null and void. If the Public
Pension Division determines that the additional funding
provided for a new benefit increase under this subsection is
or has become inadequate, it may so certify to the Governor and
the State Comptroller and, in the absence of corrective action
by the General Assembly, the new benefit increase shall expire
at the end of the fiscal year in which the certification is
made.
(d) Every new benefit increase shall expire 5 years after
its effective date or on such earlier date as may be specified
in the language enacting the new benefit increase or provided
under subsection (c). This does not prevent the General
Assembly from extending or re-creating a new benefit increase
by law.
(e) Except as otherwise provided in the language creating
the new benefit increase, a new benefit increase that expires
under this Section continues to apply to persons who applied
and qualified for the affected benefit while the new benefit

increase was in effect and to the affected beneficiaries and
alternate payees of such persons, but does not apply to any
other person, including, without limitation, a person who
continues in service after the expiration date and did not
apply and qualify for the affected benefit while the new
benefit increase was in effect.
(Source: P.A. 101-10, eff. 6-5-19; 101-49, eff. 7-12-19;
101-81, eff. 7-12-19; 102-16, eff. 6-17-21; 102-558, eff.
8-20-21; revised 10-15-21.)
Section 270. The Public Officer Prohibited Activities Act
is amended by changing Section 4.1 as follows:
(50 ILCS 105/4.1)
Sec. 4.1. Retaliation against a whistleblower.
(a) It is prohibited for a unit of local government, any
agent or representative of a unit of local government, or
another employee to retaliate against an employee or
contractor who:
(1) reports an improper governmental action under this
Section;
(2) cooperates with an investigation by an auditing
official related to a report of improper governmental
action; or
(3) testifies in a proceeding or prosecution arising
out of an improper governmental action.

(b) To invoke the protections of this Section, an employee
shall make a written report of improper governmental action to
the appropriate auditing official. An employee who believes he
or she has been retaliated against in violation of this
Section must submit a written report to the auditing official
within 60 days of gaining knowledge of the retaliatory action.
If the auditing official is the individual doing the improper
governmental action, then a report under this subsection may
be submitted to any State's Attorney.
(c) Each auditing official shall establish written
processes and procedures for managing complaints filed under
this Section, and each auditing official shall investigate and
dispose of reports of improper governmental action in
accordance with these processes and procedures. If an auditing
official concludes that an improper governmental action has
taken place or concludes that the relevant unit of local
government, department, agency, or supervisory officials have
hindered the auditing official's investigation into the
report, the auditing official shall notify in writing the
chief executive of the unit of local government and any other
individual or entity the auditing official deems necessary in
the circumstances.
(d) An auditing official may transfer a report of improper
governmental action to another auditing official for
investigation if an auditing official deems it appropriate,
including, but not limited to, the appropriate State's

Attorney.
(e) To the extent allowed by law, the identity of an
employee reporting information about an improper governmental
action shall be kept confidential unless the employee waives
confidentiality in writing. Auditing officials may take
reasonable measures to protect employees who reasonably
believe they may be subject to bodily harm for reporting
improper government action.
(f) The following remedies are available to employees
subjected to adverse actions for reporting improper government
action:
(1) Auditing officials may reinstate, reimburse for
lost wages or expenses incurred, promote, or provide some
other form of restitution.
(2) In instances where an auditing official determines
that restitution will not suffice, the auditing official
may make his or her investigation findings available for
the purposes of aiding in that employee or the employee's
attorney's effort to make the employee whole.
(g) A person who engages in prohibited retaliatory action
under subsection (a) is subject to the following penalties: a
fine of no less than $500 and no more than $5,000, suspension
without pay, demotion, discharge, civil or criminal
prosecution, or any combination of these penalties, as
appropriate.
(h) Every employee shall receive a written summary or a

complete copy of this Section upon commencement of employment
and at least once each year of employment. At the same time,
the employee shall also receive a copy of the written
processes and procedures for reporting improper governmental
actions from the applicable auditing official.
(i) As used in this Section:
"Auditing official" means any elected, appointed, or hired
individual, by whatever name, in a unit of local government
whose duties are similar to, but not limited to, receiving,
registering, and investigating complaints and information
concerning misconduct, inefficiency, and waste within the unit
of local government; investigating the performance of
officers, employees, functions, and programs; and promoting
economy, efficiency, effectiveness and integrity in the
administration of the programs and operations of the
municipality. If a unit of local government does not have an
"auditing official", the "auditing official" shall be a
State's Attorney of the county in which the unit of local
government is located within.
"Employee" means anyone employed by a unit of local
government, whether in a permanent or temporary position,
including full-time, part-time, and intermittent workers.
"Employee" also includes members of appointed boards or
commissions, whether or not paid. "Employee" also includes
persons who have been terminated because of any report or
complaint submitted under this Section.

"Improper governmental action" means any action by a unit
of local government employee, an appointed member of a board,
commission, or committee, or an elected official of the unit
of local government that is undertaken in violation of a
federal, State, or unit of local government law or rule; is an
abuse of authority; violates the public's trust or expectation
of his or her conduct; is of substantial and specific danger to
the public's health or safety; or is a gross waste of public
funds. The action need not be within the scope of the
employee's, elected official's, board member's, commission
member's, or committee member's official duties to be subject
to a claim of "improper governmental action". "Improper
governmental action" does not include a unit of local
government personnel actions, including, but not limited to
employee grievances, complaints, appointments, promotions,
transfers, assignments, reassignments, reinstatements,
restorations, reemployment, performance evaluations,
reductions in pay, dismissals, suspensions, demotions,
reprimands, or violations of collective bargaining agreements,
except to the extent that the action amounts to retaliation.
"Retaliate", "retaliation", or "retaliatory action" means
any adverse change in an employee's employment status or the
terms and conditions of employment that results from an
employee's protected activity under this Section. "Retaliatory
action" includes, but is not limited to, denial of adequate
staff to perform duties; frequent staff changes; frequent and

undesirable office changes; refusal to assign meaningful work;
unsubstantiated letters of reprimand or unsatisfactory
performance evaluations; demotion; reduction in pay; denial of
promotion; transfer or reassignment; suspension or dismissal;
or other disciplinary action made because of an employee's
protected activity under this Section.
(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
Section 275. The Illinois Police Training Act is amended
by changing Sections 9 and 10.18 as follows:
(50 ILCS 705/9) (from Ch. 85, par. 509)
Sec. 9. A special fund is hereby established in the State
Treasury to be known as the Traffic and Criminal Conviction
Surcharge Fund. Moneys in this Fund shall be expended as
follows:
(1) a portion of the total amount deposited in the
Fund may be used, as appropriated by the General Assembly,
for the ordinary and contingent expenses of the Illinois
Law Enforcement Training Standards Board;
(2) a portion of the total amount deposited in the
Fund shall be appropriated for the reimbursement of local
governmental agencies participating in training programs
certified by the Board, in an amount equaling 1/2 of the
total sum paid by such agencies during the State's
previous fiscal year for mandated training for

probationary law enforcement officers or probationary
county corrections officers and for optional advanced and
specialized law enforcement or county corrections
training; these reimbursements may include the costs for
tuition at training schools, the salaries of trainees
while in schools, and the necessary travel and room and
board expenses for each trainee; if the appropriations
under this paragraph (2) are not sufficient to fully
reimburse the participating local governmental agencies,
the available funds shall be apportioned among such
agencies, with priority first given to repayment of the
costs of mandatory training given to law enforcement
officer or county corrections officer recruits, then to
repayment of costs of advanced or specialized training for
permanent law enforcement officers or permanent county
corrections officers;
(3) a portion of the total amount deposited in the
Fund may be used to fund the Intergovernmental Law
Enforcement Officer's In-Service Training Act, veto
overridden October 29, 1981, as now or hereafter amended,
at a rate and method to be determined by the board;
(4) a portion of the Fund also may be used by the
Illinois State Police for expenses incurred in the
training of employees from any State, county, or municipal
agency whose function includes enforcement of criminal or
traffic law;

(5) a portion of the Fund may be used by the Board to
fund grant-in-aid programs and services for the training
of employees from any county or municipal agency whose
functions include corrections or the enforcement of
criminal or traffic law;
(6) for fiscal years 2013 through 2017 only, a portion
of the Fund also may be used by the Department of State
Police to finance any of its lawful purposes or functions;
(7) a portion of the Fund may be used by the Board,
subject to appropriation, to administer grants to local
law enforcement agencies for the purpose of purchasing
bulletproof vests under the Law Enforcement Officer
Bulletproof Vest Act; and
(8) a portion of the Fund may be used by the Board to
create a law enforcement grant program available for units
of local government to fund crime prevention programs,
training, and interdiction efforts, including enforcement
and prevention efforts, relating to the illegal cannabis
market and driving under the influence of cannabis.
All payments from the Traffic and Criminal Conviction
Surcharge Fund shall be made each year from moneys
appropriated for the purposes specified in this Section. No
more than 50% of any appropriation under this Act shall be
spent in any city having a population of more than 500,000. The
State Comptroller and the State Treasurer shall from time to
time, at the direction of the Governor, transfer from the

Traffic and Criminal Conviction Surcharge Fund to the General
Revenue Fund in the State Treasury such amounts as the
Governor determines are in excess of the amounts required to
meet the obligations of the Traffic and Criminal Conviction
Surcharge Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-5-21.)
(50 ILCS 705/10.18)
Sec. 10.18. Training; administration of opioid
antagonists. The Board shall conduct or approve an in-service
training program for law enforcement officers in the
administration of opioid antagonists as defined in paragraph
(1) of subsection (e) of Section 5-23 of the Substance Use
Disorder Act that is in accordance with that Section. As used
in this Section, the term "law enforcement officers" includes
full-time or part-time probationary law enforcement officers,
permanent or part-time law enforcement officers, law
enforcement officers, recruits, permanent or probationary
county corrections officers, permanent or probationary county
security officers, and court security officers. The term does
not include auxiliary police officers as defined in Section
3.1-30-20 of the Illinois Municipal Code.
(Source: P.A. 100-759, eff. 1-1-19; 101-652, eff. 1-1-22;
revised 11-24-21.)

Section 280. The Uniform Crime Reporting Act is amended by
changing Sections 5-10, 5-11, 5-12, and 5-20 as follows:
(50 ILCS 709/5-10)
Sec. 5-10. Central repository of crime statistics. The
Illinois State Police shall be a central repository and
custodian of crime statistics for the State and shall have all
the power necessary to carry out the purposes of this Act,
including the power to demand and receive cooperation in the
submission of crime statistics from all law enforcement
agencies. All data and information provided to the Illinois
State Police under this Act must be provided in a manner and
form prescribed by the Illinois State Police. On an annual
basis, the Illinois State Police shall make available
compilations of crime statistics and monthly reporting
required to be reported by each law enforcement agency.
(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-15-21.)
(50 ILCS 709/5-11)
Sec. 5-11. FBI National Use of Force Database. The
Illinois State Police Department shall participate in and
regularly submit use of force information to the Federal
Bureau of Investigation (FBI) National Use of Force Database.
Within 90 days of July 1, 2021 (the effective date of Public
Act 101-652) this amendatory Act, the Illinois State Police

Department shall promulgate rules outlining the use of force
information required for submission to the Database, which
shall be submitted monthly by law enforcement agencies under
Section 5-12.
(Source: P.A. 101-652, eff. 7-1-21; revised 12-3-21.)
(50 ILCS 709/5-12)
Sec. 5-12. Monthly reporting. All law enforcement agencies
shall submit to the Illinois State Police on a monthly basis
the following:
(1) beginning January 1, 2016, a report on any
arrest-related death that shall include information
regarding the deceased, the officer, any weapon used by
the officer or the deceased, and the circumstances of the
incident. The Illinois State Police shall submit on a
quarterly basis all information collected under this
paragraph (1) to the Illinois Criminal Justice Information
Authority, contingent upon updated federal guidelines
regarding the Uniform Crime Reporting Program;
(2) beginning January 1, 2017, a report on any
instance when a law enforcement officer discharges his or
her firearm causing a non-fatal injury to a person, during
the performance of his or her official duties or in the
line of duty;
(3) a report of incident-based information on hate
crimes including information describing the offense,

location of the offense, type of victim, offender, and
bias motivation. If no hate crime incidents occurred
during a reporting month, the law enforcement agency must
submit a no incident record, as required by the Illinois
State Police;
(4) a report on any incident of an alleged commission
of a domestic crime, that shall include information
regarding the victim, offender, date and time of the
incident, any injury inflicted, any weapons involved in
the commission of the offense, and the relationship
between the victim and the offender;
(5) data on an index of offenses selected by the
Illinois State Police based on the seriousness of the
offense, frequency of occurrence of the offense, and
likelihood of being reported to law enforcement. The data
shall include the number of index crime offenses committed
and number of associated arrests;
(6) data on offenses and incidents reported by schools
to local law enforcement. The data shall include offenses
defined as an attack against school personnel,
intimidation offenses, drug incidents, and incidents
involving weapons;
(7) beginning on July 1, 2021, a report on incidents
where a law enforcement officer was dispatched to deal
with a person experiencing a mental health crisis or
incident. The report shall include the number of

incidents, the level of law enforcement response and the
outcome of each incident. For purposes of this Section, a
"mental health crisis" is when a person's behavior puts
them at risk of hurting themselves or others or prevents
them from being able to care for themselves;
(8) beginning on July 1, 2021, a report on use of
force, including any action that resulted in the death or
serious bodily injury of a person or the discharge of a
firearm at or in the direction of a person. The report
shall include information required by the Illinois State
Police Department, pursuant to Section 5-11 of this Act.
(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
102-538, eff. 8-20-21; revised 10-15-21.)
(50 ILCS 709/5-20)
Sec. 5-20. Reporting compliance. The Illinois State Police
shall annually report to the Illinois Law Enforcement Training
Standards Board and the Department of Revenue any law
enforcement agency not in compliance with the reporting
requirements under this Act. A law enforcement agency's
compliance with the reporting requirements under this Act
shall be a factor considered by the Illinois Law Enforcement
Training Standards Board in awarding grant funding under the
Law Enforcement Camera Grant Act, with preference to law
enforcement agencies which are in compliance with reporting
requirements under this Act.

(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
revised 10-15-21.)
Section 285. The Emergency Telephone System Act is amended
by changing Sections 2, 7, 8, 10, 15.6, 15.6a, 15.6b, 17.5, 19,
20, 30, and 40 as follows:
(50 ILCS 750/2) (from Ch. 134, par. 32)
(Section scheduled to be repealed on December 31, 2023)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
"9-1-1 network" means the network used for the delivery of
9-1-1 calls and messages over dedicated and redundant
facilities to a primary or backup 9-1-1 PSAP that meets the
appropriate grade of service.
"9-1-1 system" means the geographic area that has been
granted an order of authority by the Commission or the
Statewide 9-1-1 Administrator to use "9-1-1" as the primary
emergency telephone number, including, but not limited to, the
network, software applications, databases, CPE components and
operational and management procedures required to provide
9-1-1 service.
"9-1-1 Authority" means an Emergency Telephone System
Board or , Joint Emergency Telephone System Board that provides
for the management and operation of a 9-1-1 system. "9-1-1
Authority" includes the Illinois State Police only to the

extent it provides 9-1-1 services under this Act.
"9-1-1 System Manager" means the manager, director,
administrator, or coordinator who at the direction of his or
her Emergency Telephone System Board is responsible for the
implementation and execution of the order of authority issued
by the Commission or the Statewide 9-1-1 Administrator through
the programs, policies, procedures, and daily operations of
the 9-1-1 system consistent with the provisions of this Act.
"Administrator" means the Statewide 9-1-1 Administrator.
"Advanced service" means any telecommunications service
with or without dynamic bandwidth allocation, including, but
not limited to, ISDN Primary Rate Interface (PRI), that,
through the use of a DS-1, T-1, or other un-channelized or
multi-channel transmission facility, is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"Aggregator" means an entity that ingresses 9-1-1 calls of
multiple traffic types or 9-1-1 calls from multiple
originating service providers and combines them on a trunk
group or groups (or equivalent egress connection arrangement
to a 9-1-1 system provider's E9-1-1/NG9-1-1 network or
system), and that uses the routing information provided in the
received call setup signaling to select the appropriate trunk
group and proceeds to signal call setup toward the 9-1-1
system provider. "Aggregator" includes an originating service

provider that provides aggregation functions for its own 9-1-1
calls. "Aggregator" also includes an aggregation network or an
aggregation entity that provides aggregator services for other
types of system providers, such as cloud-based services or
enterprise networks as its client.
"ALI" or "automatic location identification" means the
automatic display at the public safety answering point of the
address or location of the caller's telephone and
supplementary emergency services information of the location
from which a call originates.
"ANI" or "automatic number identification" means the
automatic display of the 10-digit 10 digit telephone number
associated with the caller's telephone number.
"Automatic alarm" and "automatic alerting device" mean any
device that will access the 9-1-1 system for emergency
services upon activation and does not provide for two-way
communication.
"Answering point" means a PSAP, SAP, Backup PSAP, Unmanned
Backup Answering Point, or VAP.
"Authorized entity" means an answering point or
participating agency other than a decommissioned PSAP.
"Backup PSAP" means an answering point that meets the
appropriate standards of service and serves as an alternate to
the PSAP operating independently from the PSAP at a different
location, that has the capability to direct dispatch for the
PSAP or otherwise transfer emergency calls directly to an

authorized entity. A backup PSAP may accept overflow calls
from the PSAP or be activated if the primary PSAP is disabled.
"Board" means an Emergency Telephone System Board or a
Joint Emergency Telephone System Board created pursuant to
Section 15.4.
"Carrier" includes a telecommunications carrier and a
wireless carrier.
"Commission" means the Illinois Commerce Commission.
"Computer aided dispatch" or "CAD" means a computer-based
system that aids public safety telecommunicators by automating
selected dispatching and recordkeeping activities.
"Direct dispatch" means a 9-1-1 service wherein upon
receipt of an emergency call, a public safety telecommunicator
transmits - without delay, transfer, relay, or referral - all
relevant available information to the appropriate public
safety personnel or emergency responders.
"Decommissioned" means the revocation of a PSAPs authority
to handle 9-1-1 calls as an answering point within the 9-1-1
network.
"DS-1, T-1, or similar un-channelized or multi-channel
transmission facility" means a facility that can transmit and
receive a bit rate of at least 1.544 megabits per second
(Mbps).
"Dynamic bandwidth allocation" means the ability of the
facility or customer to drop and add channels, or adjust
bandwidth, when needed in real time for voice or data

purposes.
"Emergency call" means any type of request for emergency
assistance through a 9-1-1 network either to the digits 9-1-1
or the emergency 24/7 10-digit telephone number for all
answering points. An emergency call is not limited to a voice
telephone call. It could be a two-way video call, an
interactive text, Teletypewriter (TTY), an SMS, an Instant
Message, or any new mechanism for communications available in
the future. An emergency call occurs when the request for
emergency assistance is received by a public safety
telecommunicator.
"Enhanced 9-1-1" or "E9-1-1" means a telephone system that
includes network switching, database and PSAP premise elements
capable of providing automatic location identification data,
selective routing, selective transfer, fixed transfer, and a
call back number, including any enhanced 9-1-1 service so
designated by the Federal Communications Commission in its
report and order in WC Dockets Nos. 04-36 and 05-196, or any
successor proceeding.
"ETSB" means an emergency telephone system board appointed
by the corporate authorities of any county or municipality
that provides for the management and operation of a 9-1-1
system.
"Grade of service" means P.01 for enhanced 9-1-1 services
or the NENA i3 Solution adopted standard for NG9-1-1.
"Hearing-impaired individual" means a person with a

permanent hearing loss who can regularly and routinely
communicate by telephone only through the aid of devices which
can send and receive written messages over the telephone
network.
"Hosted supplemental 9-1-1 service" means a database
service that:
(1) electronically provides information to 9-1-1 call
takers when a call is placed to 9-1-1;
(2) allows telephone subscribers to provide
information to 9-1-1 to be used in emergency scenarios;
(3) collects a variety of formatted data relevant to
9-1-1 and first responder needs, which may include, but is
not limited to, photographs of the telephone subscribers,
physical descriptions, medical information, household
data, and emergency contacts;
(4) allows for information to be entered by telephone
subscribers through a secure website where they can elect
to provide as little or as much information as they
choose;
(5) automatically displays data provided by telephone
subscribers to 9-1-1 call takers for all types of
telephones when a call is placed to 9-1-1 from a
registered and confirmed phone number;
(6) supports the delivery of telephone subscriber
information through a secure internet connection to all
emergency telephone system boards;

(7) works across all 9-1-1 call taking equipment and
allows for the easy transfer of information into a
computer aided dispatch system; and
(8) may be used to collect information pursuant to an
Illinois Premise Alert Program as defined in the Illinois
Premise Alert Program (PAP) Act.
"Interconnected voice over Internet protocol provider" or
"Interconnected VoIP provider" has the meaning given to that
term under Section 13-235 of the Public Utilities Act.
"Joint ETSB" means a Joint Emergency Telephone System
Board established by intergovernmental agreement of two or
more municipalities or counties, or a combination thereof, to
provide for the management and operation of a 9-1-1 system.
"Local public agency" means any unit of local government
or special purpose district located in whole or in part within
this State that provides or has authority to provide
firefighting, police, ambulance, medical, or other emergency
services.
"Mechanical dialer" means any device that accesses the
9-1-1 system without human intervention and does not provide
for two-way communication.
"Master Street Address Guide" or "MSAG" is a database of
street names and house ranges within their associated
communities defining emergency service zones (ESZs) and their
associated emergency service numbers (ESNs) to enable proper
routing of 9-1-1 calls.

"Mobile telephone number" or "MTN" means the telephone
number assigned to a wireless telephone at the time of initial
activation.
"Network connections" means the number of voice grade
communications channels directly between a subscriber and a
telecommunications carrier's public switched network, without
the intervention of any other telecommunications carrier's
switched network, which would be required to carry the
subscriber's inter-premises traffic and which connection
either (1) is capable of providing access through the public
switched network to a 9-1-1 Emergency Telephone System, if one
exists, or (2) if no system exists at the time a surcharge is
imposed under Section 15.3, that would be capable of providing
access through the public switched network to the local 9-1-1
Emergency Telephone System if one existed. Where multiple
voice grade communications channels are connected to a
telecommunications carrier's public switched network through a
private branch exchange (PBX) service, there shall be
determined to be one network connection for each trunk line
capable of transporting either the subscriber's inter-premises
traffic to the public switched network or the subscriber's
9-1-1 calls to the public agency. Where multiple voice grade
communications channels are connected to a telecommunications
carrier's public switched network through Centrex type
service, the number of network connections shall be equal to
the number of PBX trunk equivalents for the subscriber's

service or other multiple voice grade communication channels
facility, as determined by reference to any generally
applicable exchange access service tariff filed by the
subscriber's telecommunications carrier with the Commission.
"Network costs" means those recurring costs that directly
relate to the operation of the 9-1-1 network as determined by
the Statewide 9-1-1 Administrator with the advice of the
Statewide 9-1-1 Advisory Board, which may include, but need
not be limited to, some or all of the following: costs for
interoffice trunks, selective routing charges, transfer lines
and toll charges for 9-1-1 services, Automatic Location
Information (ALI) database charges, independent local exchange
carrier charges and non-system provider charges, carrier
charges for third party database for on-site customer premises
equipment, back-up PSAP trunks for non-system providers,
periodic database updates as provided by carrier (also known
as "ALI data dump"), regional ALI storage charges, circuits
for call delivery (fiber or circuit connection), NG9-1-1
costs, and all associated fees, taxes, and surcharges on each
invoice. "Network costs" shall not include radio circuits or
toll charges that are other than for 9-1-1 services.
"Next generation 9-1-1" or "NG9-1-1" means a secure
Internet Protocol-based (IP-based) open-standards system
comprised of hardware, software, data, and operational
policies and procedures that:
(A) provides standardized interfaces from

emergency call and message services to support
emergency communications;
(B) processes all types of emergency calls,
including voice, text, data, and multimedia
information;
(C) acquires and integrates additional emergency
call data useful to call routing and handling;
(D) delivers the emergency calls, messages, and
data to the appropriate public safety answering point
and other appropriate emergency entities based on the
location of the caller;
(E) supports data, video, and other communications
needs for coordinated incident response and
management; and
(F) interoperates with services and networks used
by first responders to facilitate emergency response.
"NG9-1-1 costs" means those recurring costs that directly
relate to the Next Generation 9-1-1 service as determined by
the Statewide 9-1-1 Administrator with the advice of the
Statewide 9-1-1 Advisory Board, which may include, but need
not be limited to, costs for NENA i3 Core Components (Border
Control Function (BCF), Emergency Call Routing Function
(ECRF), Location Validation Function (LVF), Emergency Services
Routing Proxy (ESRP), Policy Store/Policy Routing Functions
(PSPRF), and Location Information Servers (LIS)), Statewide
ESInet, software external to the PSAP (data collection,

identity management, aggregation, and GIS functionality), and
gateways (legacy 9-1-1 tandems or gateways or both).
"Originating service provider" or "OSP" means the entity
that provides services to end users that may be used to
originate voice or nonvoice 9-1-1 requests for assistance and
who would interconnect, in any of various fashions, to the
9-1-1 system provider for purposes of delivering 9-1-1 traffic
to the public safety answering points.
"Private branch exchange" or "PBX" means a private
telephone system and associated equipment located on the
user's property that provides communications between internal
stations and external networks.
"Private business switch service" means network and
premises based systems including a VoIP, Centrex type service,
or PBX service, even though key telephone systems or
equivalent telephone systems registered with the Federal
Communications Commission under 47 CFR Part 68 are directly
connected to Centrex type and PBX systems. "Private business
switch service" does not include key telephone systems or
equivalent telephone systems registered with the Federal
Communications Commission under 47 CFR Part 68 when not used
in conjunction with a VoIP, Centrex type, or PBX systems.
"Private business switch service" typically includes, but is
not limited to, private businesses, corporations, and
industries where the telecommunications service is primarily
for conducting business.

"Private residential switch service" means network and
premise based systems including a VoIP, Centrex type service,
or PBX service or key telephone systems or equivalent
telephone systems registered with the Federal Communications
Commission under 47 CFR C.F.R. Part 68 that are directly
connected to a VoIP, Centrex type service, or PBX systems
equipped for switched local network connections or 9-1-1
system access to residential end users through a private
telephone switch. "Private residential switch service" does
not include key telephone systems or equivalent telephone
systems registered with the Federal Communications Commission
under 47 CFR C.F.R. Part 68 when not used in conjunction with a
VoIP, Centrex type, or PBX systems. "Private residential
switch service" typically includes, but is not limited to,
apartment complexes, condominiums, and campus or university
environments where shared tenant service is provided and where
the usage of the telecommunications service is primarily
residential.
"Public agency" means the State, and any unit of local
government or special purpose district located in whole or in
part within this State, that provides or has authority to
provide firefighting, police, ambulance, medical, or other
emergency services.
"Public safety agency" means a functional division of a
public agency that provides firefighting, police, medical, or
other emergency services to respond to and manage emergency

incidents. For the purpose of providing wireless service to
users of 9-1-1 emergency services, as expressly provided for
in this Act, the Illinois State Police may be considered a
public safety agency.
"Public safety answering point" or "PSAP" means the
primary answering location of an emergency call that meets the
appropriate standards of service and is responsible for
receiving and processing those calls and events according to a
specified operational policy.
"PSAP representative" means the manager or supervisor of a
Public Safety Answering Point (PSAP) who oversees the daily
operational functions and is responsible for the overall
management and administration of the PSAP.
"Public safety telecommunicator" means any person employed
in a full-time or part-time capacity at an answering point
whose duties or responsibilities include answering, receiving,
or transferring an emergency call for dispatch to the
appropriate emergency responder.
"Public safety telecommunicator supervisor" means any
person employed in a full-time or part-time capacity at an
answering point or by a 9-1-1 Authority, whose primary duties
or responsibilities are to direct, administer, or manage any
public safety telecommunicator and whose responsibilities
include answering, receiving, or transferring an emergency
call for dispatch to the appropriate responders.
"Referral" means a 9-1-1 service in which the public

safety telecommunicator provides the calling party with the
telephone number of the appropriate public safety agency or
other provider of emergency services.
"Regular service" means any telecommunications service,
other than advanced service, that is capable of transporting
either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency.
"Relay" means a 9-1-1 service in which the public safety
telecommunicator takes the pertinent information from a caller
and relays that information to the appropriate public safety
agency or other provider of emergency services.
"Remit period" means the billing period, one month in
duration, for which a wireless carrier remits a surcharge and
provides subscriber information by zip code to the Illinois
State Police, in accordance with Section 20 of this Act.
"Secondary Answering Point" or "SAP" means a location,
other than a PSAP, that is able to receive the voice, data, and
call back number of E9-1-1 or NG9-1-1 emergency calls
transferred from a PSAP and completes the call taking process
by dispatching police, medical, fire, or other emergency
responders.
"Statewide wireless emergency 9-1-1 system" means all
areas of the State where an emergency telephone system board
has not declared its intention for one or more of its public
safety answering points to serve as a primary wireless 9-1-1

public safety answering point for its jurisdiction. The
operator of the statewide wireless emergency 9-1-1 system
shall be the Illinois State Police.
"System" means the communications equipment and related
software applications required to produce a response by the
appropriate emergency public safety agency or other provider
of emergency services as a result of an emergency call being
placed to 9-1-1.
"System provider" means the contracted entity providing
9-1-1 network and database services.
"Telecommunications carrier" means those entities included
within the definition specified in Section 13-202 of the
Public Utilities Act, and includes those carriers acting as
resellers of telecommunications services. "Telecommunications
carrier" includes telephone systems operating as mutual
concerns. "Telecommunications carrier" does not include a
wireless carrier.
"Telecommunications technology" means equipment that can
send and receive written messages over the telephone network.
"Transfer" means a 9-1-1 service in which the public
safety telecommunicator, who receives an emergency call,
transmits, redirects, or conferences that call to the
appropriate public safety agency or other provider of
emergency services. "Transfer" Transfer shall not include a
relay or referral of the information without transferring the
caller.

"Transmitting messages" shall have the meaning given to
that term under Section 8-11-2 of the Illinois Municipal Code.
"Trunk line" means a transmission path, or group of
transmission paths, connecting a subscriber's PBX to a
telecommunications carrier's public switched network. In the
case of regular service, each voice grade communications
channel or equivalent amount of bandwidth capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a trunk line, even if it is bundled with other
channels or additional bandwidth. In the case of advanced
service, each DS-1, T-1, or other un-channelized or
multi-channel transmission facility that is capable of
transporting either the subscriber's inter-premises voice
telecommunications services to the public switched network or
the subscriber's 9-1-1 calls to the public agency shall be
considered a single trunk line, even if it contains multiple
voice grade communications channels or otherwise supports 2 or
more voice grade calls at a time; provided, however, that each
additional increment of up to 24 voice grade channels of
transmission capacity that is capable of transporting either
the subscriber's inter-premises voice telecommunications
services to the public switched network or the subscriber's
9-1-1 calls to the public agency shall be considered an
additional trunk line.

"Unmanned backup answering point" means an answering point
that serves as an alternate to the PSAP at an alternate
location and is typically unmanned but can be activated if the
primary PSAP is disabled.
"Virtual answering point" or "VAP" means a temporary or
nonpermanent location that is capable of receiving an
emergency call, contains a fully functional worksite that is
not bound to a specific location, but rather is portable and
scalable, connecting public safety telecommunicators to the
work process, and is capable of completing the call
dispatching process.
"Voice-impaired individual" means a person with a
permanent speech disability which precludes oral
communication, who can regularly and routinely communicate by
telephone only through the aid of devices which can send and
receive written messages over the telephone network.
"Wireless carrier" means a provider of two-way cellular,
broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
Mobile Radio Service (CMRS), Wireless Communications Service
(WCS), or other Commercial Mobile Radio Service (CMRS), as
defined by the Federal Communications Commission, offering
radio communications that may provide fixed, mobile, radio
location, or satellite communication services to individuals
or businesses within its assigned spectrum block and
geographical area or that offers real-time, two-way voice
service that is interconnected with the public switched

network, including a reseller of such service.
"Wireless enhanced 9-1-1" means the ability to relay the
telephone number of the originator of a 9-1-1 call and
location information from any mobile handset or text telephone
device accessing the wireless system to the designated
wireless public safety answering point as set forth in the
order of the Federal Communications Commission, FCC Docket No.
94-102, adopted June 12, 1996, with an effective date of
October 1, 1996, and any subsequent amendment thereto.
"Wireless public safety answering point" means the
functional division of a 9-1-1 authority accepting wireless
9-1-1 calls.
"Wireless subscriber" means an individual or entity to
whom a wireless service account or number has been assigned by
a wireless carrier, other than an account or number associated
with prepaid wireless telecommunication service.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-5-21.)
(50 ILCS 750/7) (from Ch. 134, par. 37)
(Section scheduled to be repealed on December 31, 2023)
Sec. 7. The General Assembly finds that, because of
overlapping jurisdiction of public agencies, public safety
agencies, and telephone service areas, the Administrator, with
the advice and recommendation of the Statewide 9-1-1 Advisory
Board, shall establish a general overview or plan to

effectuate the purposes of this Act within the time frame
provided in this Act. The General Assembly further finds and
declares that direct dispatch should be used if possible to
shorten the time required for the public to request and
receive emergency aid. The Administrator shall minimize the
use of transfer, relay, and referral of an emergency call if
possible and encourage Backup PSAPs to be able to direct
dispatch. Transfer, relay, and referral of an emergency call
to an entity other than an answering point or the Illinois
State Police shall not be used in response to emergency calls
unless exigent circumstances exist. In order to insure that
proper preparation and implementation of emergency telephone
systems are accomplished by all public agencies as required
under this Act, the Illinois State Police, with the advice and
assistance of the Attorney General, shall secure compliance by
public agencies as provided in this Act.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-4-21.)
(50 ILCS 750/8) (from Ch. 134, par. 38)
(Section scheduled to be repealed on December 31, 2023)
Sec. 8. The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
coordinate the implementation of systems established under
this Act. To assist with this coordination, all systems
authorized to operate under this Act shall register with the

Administrator information regarding its composition and
organization, including, but not limited to, identification of
the 9-1-1 System Manager and all answering points.
Decommissioned PSAPs shall not be registered and are not part
of the 9-1-1 system in Illinois. The Illinois State Police may
adopt rules for the administration of this Section.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff 8-20-21;
revised 10-4-21.)
(50 ILCS 750/10) (from Ch. 134, par. 40)
(Section scheduled to be repealed on December 31, 2023)
Sec. 10. (a) The Administrator, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, shall
establish uniform technical and operational standards for all
9-1-1 systems in Illinois. All findings, orders, decisions,
rules, and regulations issued or promulgated by the Commission
under this Act or any other Act establishing or conferring
power on the Commission with respect to emergency
telecommunications services, shall continue in force.
Notwithstanding the provisions of this Section, where
applicable, the Administrator shall, with the advice and
recommendation of the Statewide 9-1-1 Advisory Board, amend
the Commission's findings, orders, decisions, rules, and
regulations to conform to the specific provisions of this Act
as soon as practicable after the effective date of this
amendatory Act of the 99th General Assembly.

(a-5) All 9-1-1 systems are responsible for complying with
the uniform technical and operational standards adopted by the
Administrator and the Illinois State Police with the advice
and recommendation of the Statewide 9-1-1 Advisory Board.
(b) The Illinois State Police may adopt emergency rules
necessary to implement the provisions of this amendatory Act
of the 99th General Assembly under subsection (t) of Section
5-45 of the Illinois Administrative Procedure Act.
(c) Nothing in this Act shall deprive the Commission of
any authority to regulate the provision by telecommunication
carriers or 9-1-1 system service providers of
telecommunication or other services under the Public Utilities
Act.
(d) For rules that implicate both the regulation of 9-1-1
authorities under this Act and the regulation of
telecommunication carriers and 9-1-1 system service providers
under the Public Utilities Act, the Illinois State Police and
the Commission may adopt joint rules necessary for
implementation.
(e) Any findings, orders, or decisions of the
Administrator under this Section shall be deemed a final
administrative decision and shall be subject to judicial
review under the Administrative Review Law.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-5-21.)

(50 ILCS 750/15.6)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.6. 9-1-1 service; business service.
(a) After June 30, 2000, or within 18 months after 9-1-1
service becomes available, any entity that installs or
operates a private business switch service and provides
telecommunications facilities or services to businesses shall
assure that the system is connected to the public switched
network in a manner that calls to 9-1-1 result in automatic
number and location identification. For buildings having their
own street address and containing workspace of 40,000 square
feet or less, location identification shall include the
building's street address. For buildings having their own
street address and containing workspace of more than 40,000
square feet, location identification shall include the
building's street address and one distinct location
identification per 40,000 square feet of workspace. Separate
buildings containing workspace of 40,000 square feet or less
having a common public street address shall have a distinct
location identification for each building in addition to the
street address.
(b) Exemptions. Buildings containing workspace of more
than 40,000 square feet are exempt from the multiple location
identification requirements of subsection (a) if the building
maintains, at all times, alternative and adequate means of
signaling and responding to emergencies. Those means shall

include, but not be limited to, a telephone system that
provides the physical location of 9-1-1 calls coming from
within the building. Health care facilities are presumed to
meet the requirements of this paragraph if the facilities are
staffed with medical or nursing personnel 24 hours per day and
if an alternative means of providing information about the
source of an emergency call exists. Buildings under this
exemption must provide 9-1-1 service that provides the
building's street address.
Buildings containing workspace of more than 40,000 square
feet are exempt from subsection (a) if the building maintains,
at all times, alternative and adequate means of signaling and
responding to emergencies, including a telephone system that
provides the location of a 9-1-1 call coming from within the
building, and the building is serviced by its own medical,
fire and security personnel. Buildings under this exemption
are subject to emergency phone system certification by the
Administrator.
Buildings in communities not serviced by 9-1-1 service are
exempt from subsection (a).
Correctional institutions and facilities, as defined in
subsection (d) of Section 3-1-2 of the Unified Code of
Corrections, are exempt from subsection (a).
(c) This Act does not apply to any PBX telephone extension
that uses radio transmissions to convey electrical signals
directly between the telephone extension and the serving PBX.

(d) An entity that violates this Section is guilty of a
business offense and shall be fined not less than $1,000 and
not more than $5,000.
(e) Nothing in this Section shall be construed to preclude
the Attorney General on behalf of the Illinois State Police or
on his or her own initiative, or any other interested person,
from seeking judicial relief, by mandamus, injunction, or
otherwise, to compel compliance with this Section.
(f) The Illinois State Police may promulgate rules for the
administration of this Section.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-14-21.)
(50 ILCS 750/15.6a)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.6a. Wireless emergency 9-1-1 service.
(a) The digits "9-1-1" shall be the designated emergency
telephone number within the wireless system.
(b) The Illinois State Police may set non-discriminatory
and uniform technical and operational standards consistent
with the rules of the Federal Communications Commission for
directing calls to authorized public safety answering points.
These standards shall not in any way prescribe the technology
or manner a wireless carrier shall use to deliver wireless
9-1-1 or wireless E9-1-1 calls, and these standards shall not
exceed the requirements set by the Federal Communications

Commission; however, standards for directing calls to the
authorized public safety answering point shall be included.
The authority given to the Illinois State Police in this
Section is limited to setting standards as set forth herein
and does not constitute authority to regulate wireless
carriers.
(c) For the purpose of providing wireless 9-1-1 emergency
services, an emergency telephone system board may declare its
intention for one or more of its public safety answering
points to serve as a primary wireless 9-1-1 public safety
answering point for its jurisdiction by notifying the
Administrator in writing within 6 months after receiving its
authority to operate a 9-1-1 system under this Act. In
addition, 2 or more emergency telephone system boards may, by
virtue of an intergovernmental agreement, provide wireless
9-1-1 service. Until the jurisdiction comes into compliance
with Section 15.4a of this Act, the Illinois State Police
shall be the primary wireless 9-1-1 public safety answering
point for any jurisdiction that did not provide notice to the
Illinois Commerce Commission and the Illinois State Police
prior to January 1, 2016.
(d) The Administrator, upon a request from an emergency
telephone system board and with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, may grant authority to
the emergency telephone system board to provide wireless 9-1-1
service in areas for which the Illinois State Police has

accepted wireless 9-1-1 responsibility. The Administrator
shall maintain a current list of all 9-1-1 systems providing
wireless 9-1-1 service under this Act.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-14-21.)
(50 ILCS 750/15.6b)
(Section scheduled to be repealed on December 31, 2023)
Sec. 15.6b. Next Generation 9-1-1 service.
(a) The Administrator, with the advice and recommendation
of the Statewide 9-1-1 Advisory Board, shall develop and
implement a plan for a statewide Next Generation 9-1-1
network. The Next Generation 9-1-1 network must be an Internet
protocol-based platform that at a minimum provides:
(1) improved 9-1-1 call delivery;
(2) enhanced interoperability;
(3) increased ease of communication between 9-1-1
service providers, allowing immediate transfer of 9-1-1
calls, caller information, photos, and other data
statewide;
(4) a hosted solution with redundancy built in; and
(5) compliance with the most current NENA Standards.
(b) By July 1, 2016, the Administrator, with the advice
and recommendation of the Statewide 9-1-1 Advisory Board,
shall design and issue a competitive request for a proposal to
secure the services of a consultant to complete a feasibility

study on the implementation of a statewide Next Generation
9-1-1 network in Illinois. By July 1, 2017, the consultant
shall complete the feasibility study and make recommendations
as to the appropriate procurement approach for developing a
statewide Next Generation 9-1-1 network.
(c) Within 12 months of the final report from the
consultant under subsection (b) of this Section, the Illinois
State Police shall procure and finalize a contract with a
vendor certified under Section 13-900 of the Public Utilities
Act to establish a statewide Next Generation 9-1-1 network.
The Illinois State Police, in consultation with and subject to
the approval of the Chief Procurement Officer, may procure a
single contract or multiple contracts to implement the
provisions of this Section. A contract or contracts under this
subsection are not subject to the provisions of the Illinois
Procurement Code, except for Sections 20-60, 20-65, 20-70, and
20-160 and Article 50 of that Code, provided that the Chief
Procurement Officer may, in writing with justification, waive
any certification required under Article 50 of the Illinois
Procurement Code. This exemption is inoperative 2 years from
June 3, 2021 (the effective date of Public Act 102-9) this
Amendatory Act of the 102nd General Assembly. Within 18 months
of securing the contract, the vendor shall implement a Next
Generation 9-1-1 network that allows 9-1-1 systems providing
9-1-1 service to Illinois residents to access the system
utilizing their current infrastructure if it meets the

standards adopted by the Illinois State Police.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
102-538, eff. 8-20-21; revised 10-12-21.)
(50 ILCS 750/17.5)
(Section scheduled to be repealed on December 31, 2023)
Sec. 17.5. Statewide 9-1-1 Call Directory.
(a) The General Assembly finds the following:
(1) Some 9-1-1 systems throughout this State do not
have a procedure in place to manually transfer 9-1-1 calls
originating within one 9-1-1 system's jurisdiction, but
which should properly be answered and dispatched by
another 9-1-1 system, to the appropriate 9-1-1 system for
answering and dispatch of first responders.
(2) On January 1, 2016, the General Assembly gave
oversight authority of 9-1-1 systems to the Illinois State
Police.
(3) Since that date, the Illinois State Police has
authorized individual 9-1-1 systems in counties and
municipalities to implement and upgrade 9-1-1 systems
throughout the State.
(b) The Illinois State Police shall prepare a directory of
all authorized 9-1-1 systems in the State. The directory shall
include an emergency 24/7 10-digit telephone number for all
primary public safety answering points located in each 9-1-1
system to which 9-1-1 calls from another jurisdiction can be

transferred. This directory shall be made available to each
9-1-1 authority for its use in establishing standard operating
procedures regarding calls outside its 9-1-1 jurisdiction.
(c) Each 9-1-1 system shall provide the Illinois State
Police with the following information:
(1) The name of the PSAP, a list of every
participating agency, and the county the PSAP is in,
including college and university public safety entities.
(2) The 24/7 10-digit emergency telephone number for
the dispatch agency to which 9-1-1 calls originating in
another 9-1-1 jurisdiction can be transferred to exchange
information. The emergency telephone number must be a
direct line that is not answered by an automated system
but rather is answered by a person. Each 9-1-1 system
shall provide the Illinois State Police with any changes
to the participating agencies and this number immediately
upon the change occurring. Each 9-1-1 system shall provide
the PSAP information and the 24/7 10-digit emergency
telephone number Illinois State Police's within 30 days of
June 3, 2021 (the effective date of Public Act 102-9) this
amendatory Act of the 102nd General Assembly.
(3) The standard operating procedure describing the
manner in which the 9-1-1 system will transfer 9-1-1 calls
originating within its jurisdiction, but which should
properly be answered and dispatched by another 9-1-1
system, to the appropriate 9-1-1 system. Each 9-1-1 system

shall provide the standard operating procedures to the
Manager of the Illinois State Police's 9-1-1 Program
within 180 days after July 1, 2017 (the effective date of
Public Act 100-20) this amendatory Act of the 100th
General Assembly.
(d) Unless exigent circumstances dictate otherwise, each
9-1-1 system's public safety telecommunicators shall be
responsible for remaining on the line with the caller when a
9-1-1 call originates within its jurisdiction to ensure the
9-1-1 call is transferred to the appropriate authorized entity
for answer and dispatch until a public safety telecommunicator
is on the line and confirms jurisdiction for the call.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-15-21.)
(50 ILCS 750/19)
(Section scheduled to be repealed on December 31, 2023)
Sec. 19. Statewide 9-1-1 Advisory Board.
(a) Beginning July 1, 2015, there is created the Statewide
9-1-1 Advisory Board within the Illinois State Police. The
Board shall consist of the following 11 voting members:
(1) The Director of the Illinois State Police, or his
or her designee, who shall serve as chairman.
(2) The Executive Director of the Commission, or his
or her designee.
(3) Members Nine members appointed by the Governor as

follows:
(A) one member representing the Illinois chapter
of the National Emergency Number Association, or his
or her designee;
(B) one member representing the Illinois chapter
of the Association of Public-Safety Communications
Officials, or his or her designee;
(C) one member representing a county 9-1-1 system
from a county with a population of less than 37,000;
(C-5) one member representing a county 9-1-1
system from a county with a population between 37,000
and 100,000;
(D) one member representing a county 9-1-1 system
from a county with a population between 100,001 and
250,000;
(E) one member representing a county 9-1-1 system
from a county with a population of more than 250,000;
(F) one member representing a municipal or
intergovernmental cooperative 9-1-1 system, excluding
any single municipality with a population over
500,000;
(G) one member representing the Illinois
Association of Chiefs of Police;
(H) one member representing the Illinois Sheriffs'
Association; and
(I) one member representing the Illinois Fire

Chiefs Association.
The Governor shall appoint the following non-voting
members: (i) one member representing an incumbent local
exchange 9-1-1 system provider; (ii) one member representing a
non-incumbent local exchange 9-1-1 system provider; (iii) one
member representing a large wireless carrier; (iv) one member
representing an incumbent local exchange carrier; (v) one
member representing the Illinois Broadband and
Telecommunications Association; (vi) one member representing
the Illinois Broadband and Cable Association; and (vii) one
member representing the Illinois State Ambulance Association.
The Speaker of the House of Representatives, the Minority
Leader of the House of Representatives, the President of the
Senate, and the Minority Leader of the Senate may each appoint
a member of the General Assembly to temporarily serve as a
non-voting member of the Board during the 12 months prior to
the repeal date of this Act to discuss legislative initiatives
of the Board.
(b) The Governor shall make initial appointments to the
Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the
voting members appointed by the Governor shall serve an
initial term of 2 years, and the remaining voting members
appointed by the Governor shall serve an initial term of 3
years. Thereafter, each appointment by the Governor shall be
for a term of 3 years. Non-voting members shall serve for a
term of 3 years. Vacancies shall be filled in the same manner

as the original appointment. Persons appointed to fill a
vacancy shall serve for the balance of the unexpired term.
Members of the Statewide 9-1-1 Advisory Board shall serve
without compensation.
(c) The 9-1-1 Services Advisory Board, as constituted on
June 1, 2015 without the legislative members, shall serve in
the role of the Statewide 9-1-1 Advisory Board until all
appointments of voting members have been made by the Governor
under subsection (a) of this Section.
(d) The Statewide 9-1-1 Advisory Board shall:
(1) advise the Illinois State Police and the Statewide
9-1-1 Administrator on the oversight of 9-1-1 systems and
the development and implementation of a uniform statewide
9-1-1 system;
(2) make recommendations to the Governor and the
General Assembly regarding improvements to 9-1-1 services
throughout the State; and
(3) exercise all other powers and duties provided in
this Act.
(e) The Statewide 9-1-1 Advisory Board shall submit to the
General Assembly a report by March 1 of each year providing an
update on the transition to a statewide 9-1-1 system and
recommending any legislative action.
(f) The Illinois State Police shall provide administrative
support to the Statewide 9-1-1 Advisory Board.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;

revised 10-15-21.)
(50 ILCS 750/20)
(Section scheduled to be repealed on December 31, 2023)
Sec. 20. Statewide surcharge.
(a) On and after January 1, 2016, and except with respect
to those customers who are subject to surcharges as provided
in Sections 15.3 and 15.3a of this Act, a monthly surcharge
shall be imposed on all customers of telecommunications
carriers and wireless carriers as follows:
(1) Each telecommunications carrier shall impose a
monthly surcharge per network connection; provided,
however, the monthly surcharge shall not apply to a
network connection provided for use with pay telephone
services. Where multiple voice grade communications
channels are connected between the subscriber's premises
and a public switched network through private branch
exchange (PBX), Centrex type service, or other multiple
voice grade communication channels facility, there shall
be imposed 5 such surcharges per network connection for
both regular service and advanced service provisioned
trunk lines. Until December 31, 2017, the surcharge shall
be $0.87 per network connection and on and after January
1, 2018, the surcharge shall be $1.50 per network
connection.
(2) Each wireless carrier shall impose and collect a

monthly surcharge per CMRS connection that either has a
telephone number within an area code assigned to Illinois
by the North American Numbering Plan Administrator or has
a billing address in this State. Until December 31, 2017,
the surcharge shall be $0.87 per connection and on and
after January 1, 2018, the surcharge shall be $1.50 per
connection.
(b) State and local taxes shall not apply to the
surcharges imposed under this Section.
(c) The surcharges imposed by this Section shall be stated
as a separately stated item on subscriber bills.
(d) The telecommunications carrier collecting the
surcharge may deduct and retain 1.74% of the gross amount of
surcharge collected to reimburse the telecommunications
carrier for the expense of accounting and collecting the
surcharge. On and after July 1, 2022, the wireless carrier
collecting a surcharge under this Section may deduct and
retain 1.74% of the gross amount of the surcharge collected to
reimburse the wireless carrier for the expense of accounting
and collecting the surcharge.
(d-5) Notwithstanding the provisions of subsection (d) of
this Section, an amount not greater than 2.5% may be deducted
and retained if the telecommunications or wireless carrier can
support, through documentation, expenses that exceed the 1.74%
allowed. The documentation shall be submitted to the Illinois
State Police and input obtained from the Statewide 9-1-1

Advisory Board prior to approval of the deduction.
(e) Surcharges imposed under this Section shall be
collected by the carriers and shall be remitted to the
Illinois State Police, either by check or electronic funds
transfer, by the end of the next calendar month after the
calendar month in which it was collected for deposit into the
Statewide 9-1-1 Fund. Carriers are not required to remit
surcharge moneys that are billed to subscribers but not yet
collected.
The first remittance by wireless carriers shall include
the number of subscribers by zip code, and the 9-digit zip code
if currently being used or later implemented by the carrier,
that shall be the means by which the Illinois State Police
shall determine distributions from the Statewide 9-1-1 Fund.
This information shall be updated at least once each year. Any
carrier that fails to provide the zip code information
required under this subsection (e) shall be subject to the
penalty set forth in subsection (g) of this Section.
(f) If, within 8 calendar days after it is due under
subsection (e) of this Section, a carrier does not remit the
surcharge or any portion thereof required under this Section,
then the surcharge or portion thereof shall be deemed
delinquent until paid in full, and the Illinois State Police
may impose a penalty against the carrier in an amount equal to
the greater of:
(1) $25 for each month or portion of a month from the

time an amount becomes delinquent until the amount is paid
in full; or
(2) an amount equal to the product of 1% and the sum of
all delinquent amounts for each month or portion of a
month that the delinquent amounts remain unpaid.
A penalty imposed in accordance with this subsection (f)
for a portion of a month during which the carrier pays the
delinquent amount in full shall be prorated for each day of
that month that the delinquent amount was paid in full. Any
penalty imposed under this subsection (f) is in addition to
the amount of the delinquency and is in addition to any other
penalty imposed under this Section.
(g) If, within 8 calendar days after it is due, a wireless
carrier does not provide the number of subscribers by zip code
as required under subsection (e) of this Section, then the
report is deemed delinquent and the Illinois State Police may
impose a penalty against the carrier in an amount equal to the
greater of:
(1) $25 for each month or portion of a month that the
report is delinquent; or
(2) an amount equal to the product of $0.01 and the
number of subscribers served by the carrier for each month
or portion of a month that the delinquent report is not
provided.
A penalty imposed in accordance with this subsection (g)
for a portion of a month during which the carrier provides the

number of subscribers by zip code as required under subsection
(e) of this Section shall be prorated for each day of that
month during which the carrier had not provided the number of
subscribers by zip code as required under subsection (e) of
this Section. Any penalty imposed under this subsection (g) is
in addition to any other penalty imposed under this Section.
(h) A penalty imposed and collected in accordance with
subsection (f) or (g) of this Section shall be deposited into
the Statewide 9-1-1 Fund for distribution according to Section
30 of this Act.
(i) The Illinois State Police may enforce the collection
of any delinquent amount and any penalty due and unpaid under
this Section by legal action or in any other manner by which
the collection of debts due the State of Illinois may be
enforced under the laws of this State. The Illinois State
Police may excuse the payment of any penalty imposed under
this Section if the Administrator determines that the
enforcement of this penalty is unjust.
(j) Notwithstanding any provision of law to the contrary,
nothing shall impair the right of wireless carriers to recover
compliance costs for all emergency communications services
that are not reimbursed out of the Wireless Carrier
Reimbursement Fund directly from their wireless subscribers by
line-item charges on the wireless subscriber's bill. Those
compliance costs include all costs incurred by wireless
carriers in complying with local, State, and federal

regulatory or legislative mandates that require the
transmission and receipt of emergency communications to and
from the general public, including, but not limited to,
E9-1-1.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-26-21.)
(50 ILCS 750/30)
(Section scheduled to be repealed on December 31, 2023)
Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
(a) A special fund in the State treasury known as the
Wireless Service Emergency Fund shall be renamed the Statewide
9-1-1 Fund. Any appropriations made from the Wireless Service
Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
The Fund shall consist of the following:
(1) 9-1-1 wireless surcharges assessed under the
Wireless Emergency Telephone Safety Act.
(2) 9-1-1 surcharges assessed under Section 20 of this
Act.
(3) Prepaid wireless 9-1-1 surcharges assessed under
Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
(4) Any appropriations, grants, or gifts made to the
Fund.
(5) Any income from interest, premiums, gains, or
other earnings on moneys in the Fund.
(6) Money from any other source that is deposited in

or transferred to the Fund.
(b) Subject to appropriation and availability of funds,
the Illinois State Police shall distribute the 9-1-1
surcharges monthly as follows:
(1) From each surcharge collected and remitted under
Section 20 of this Act:
(A) $0.013 shall be distributed monthly in equal
amounts to each County Emergency Telephone System
Board in counties with a population under 100,000
according to the most recent census data which is
authorized to serve as a primary wireless 9-1-1 public
safety answering point for the county and to provide
wireless 9-1-1 service as prescribed by subsection (b)
of Section 15.6a of this Act, and which does provide
such service.
(B) $0.033 shall be transferred by the Comptroller
at the direction of the Illinois State Police to the
Wireless Carrier Reimbursement Fund until June 30,
2017; from July 1, 2017 through June 30, 2018, $0.026
shall be transferred; from July 1, 2018 through June
30, 2019, $0.020 shall be transferred; from July 1,
2019, through June 30, 2020, $0.013 shall be
transferred; from July 1, 2020 through June 30, 2021,
$0.007 will be transferred; and after June 30, 2021,
no transfer shall be made to the Wireless Carrier
Reimbursement Fund.

(C) Until December 31, 2017, $0.007 and on and
after January 1, 2018, $0.017 shall be used to cover
the Illinois State Police's administrative costs.
(D) Beginning January 1, 2018, until June 30,
2020, $0.12, and on and after July 1, 2020, $0.04 shall
be used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers wireless
carriers.
(E) Until June 30, 2023, $0.05 shall be used by the
Illinois State Police for grants for NG9-1-1 expenses,
with priority given to 9-1-1 Authorities that provide
9-1-1 service within the territory of a Large Electing
Provider as defined in Section 13-406.1 of the Public
Utilities Act.
(F) On and after July 1, 2020, $0.13 shall be used
for the implementation of and continuing expenses for
the Statewide NG9-1-1 system.
(2) After disbursements under paragraph (1) of this
subsection (b), all remaining funds in the Statewide 9-1-1
Fund shall be disbursed in the following priority order:
(A) The Fund shall pay monthly to:
(i) the 9-1-1 Authorities that imposed
surcharges under Section 15.3 of this Act and were
required to report to the Illinois Commerce

Commission under Section 27 of the Wireless
Emergency Telephone Safety Act on October 1, 2014,
except a 9-1-1 Authority in a municipality with a
population in excess of 500,000, an amount equal
to the average monthly wireline and VoIP surcharge
revenue attributable to the most recent 12-month
period reported to the Illinois State Police under
that Section for the October 1, 2014 filing,
subject to the power of the Illinois State Police
to investigate the amount reported and adjust the
number by order under Article X of the Public
Utilities Act, so that the monthly amount paid
under this item accurately reflects one-twelfth of
the aggregate wireline and VoIP surcharge revenue
properly attributable to the most recent 12-month
period reported to the Commission; or
(ii) county qualified governmental entities
that did not impose a surcharge under Section 15.3
as of December 31, 2015, and counties that did not
impose a surcharge as of June 30, 2015, an amount
equivalent to their population multiplied by .37
multiplied by the rate of $0.69; counties that are
not county qualified governmental entities and
that did not impose a surcharge as of December 31,
2015, shall not begin to receive the payment
provided for in this subsection until E9-1-1 and

wireless E9-1-1 services are provided within their
counties; or
(iii) counties without 9-1-1 service that had
a surcharge in place by December 31, 2015, an
amount equivalent to their population multiplied
by .37 multiplied by their surcharge rate as
established by the referendum.
(B) All 9-1-1 network costs for systems outside of
municipalities with a population of at least 500,000
shall be paid by the Illinois State Police directly to
the vendors.
(C) All expenses incurred by the Administrator and
the Statewide 9-1-1 Advisory Board and costs
associated with procurement under Section 15.6b
including requests for information and requests for
proposals.
(D) Funds may be held in reserve by the Statewide
9-1-1 Advisory Board and disbursed by the Illinois
State Police for grants under Section 15.4b of this
Act and for NG9-1-1 expenses up to $12.5 million per
year in State fiscal years 2016 and 2017; up to $20
million in State fiscal year 2018; up to $20.9 million
in State fiscal year 2019; up to $15.3 million in State
fiscal year 2020; up to $16.2 million in State fiscal
year 2021; up to $23.1 million in State fiscal year
2022; and up to $17.0 million per year for State fiscal

year 2023 and each year thereafter. The amount held in
reserve in State fiscal years 2021, 2022, and 2023
shall not be less than $6.5 million. Disbursements
under this subparagraph (D) shall be prioritized as
follows: (i) consolidation grants prioritized under
subsection (a) of Section 15.4b of this Act; (ii)
NG9-1-1 expenses; and (iii) consolidation grants under
Section 15.4b of this Act for consolidation expenses
incurred between January 1, 2010, and January 1, 2016.
(E) All remaining funds per remit month shall be
used to make monthly proportional grants to the
appropriate 9-1-1 Authority currently taking wireless
9-1-1 based upon the United States Postal Zip Code of
the billing addresses of subscribers of wireless
carriers.
(c) The moneys deposited into the Statewide 9-1-1 Fund
under this Section shall not be subject to administrative
charges or chargebacks unless otherwise authorized by this
Act.
(d) Whenever two or more 9-1-1 Authorities consolidate,
the resulting Joint Emergency Telephone System Board shall be
entitled to the monthly payments that had theretofore been
made to each consolidating 9-1-1 Authority. Any reserves held
by any consolidating 9-1-1 Authority shall be transferred to
the resulting Joint Emergency Telephone System Board. Whenever
a county that has no 9-1-1 service as of January 1, 2016 enters

into an agreement to consolidate to create or join a Joint
Emergency Telephone System Board, the Joint Emergency
Telephone System Board shall be entitled to the monthly
payments that would have otherwise been paid to the county if
it had provided 9-1-1 service.
(Source: P.A. 101-639, eff. 6-12-20; 102-9, eff. 6-3-21;
102-538, eff. 8-20-21; revised 10-5-21.)
(50 ILCS 750/40)
(Section scheduled to be repealed on December 31, 2023)
Sec. 40. Financial reports.
(a) The Illinois State Police shall create uniform
accounting procedures, with such modification as may be
required to give effect to statutory provisions applicable
only to municipalities with a population in excess of 500,000,
that any emergency telephone system board or unit of local
government receiving surcharge money pursuant to Section 15.3,
15.3a, or 30 of this Act must follow.
(b) By January 31, 2018, and every January 31 thereafter,
each emergency telephone system board or unit of local
government receiving surcharge money pursuant to Section 15.3,
15.3a, or 30 shall report to the Illinois State Police audited
financial statements showing total revenue and expenditures
for the period beginning with the end of the period covered by
the last submitted report through the end of the previous
calendar year in a form and manner as prescribed by the

Illinois State Police. Such financial information shall
include:
(1) a detailed summary of revenue from all sources
including, but not limited to, local, State, federal, and
private revenues, and any other funds received;
(2) all expenditures made during the reporting period
from distributions under this Act;
(3) call data and statistics, when available, from the
reporting period, as specified by the Illinois State
Police and collected in accordance with any reporting
method established or required by the Illinois State
Police;
(4) all costs associated with dispatching appropriate
public safety agencies to respond to 9-1-1 calls received
by the PSAP; and
(5) all funding sources and amounts of funding used
for costs described in paragraph (4) of this subsection
(b).
The emergency telephone system board or unit of local
government is responsible for any costs associated with
auditing such financial statements. The Illinois State Police
shall post the audited financial statements on the Illinois
State Police's website.
(c) Along with its audited financial statement, each
emergency telephone system board or unit of local government
receiving a grant under Section 15.4b of this Act shall

include a report of the amount of grant moneys received and how
the grant moneys were used. In case of a conflict between this
requirement and the Grant Accountability and Transparency Act,
or with the rules of the Governor's Office of Management and
Budget adopted thereunder, that Act and those rules shall
control.
(d) If an emergency telephone system board that receives
funds from the Statewide 9-1-1 Fund fails to file the 9-1-1
system financial reports as required under this Section, the
Illinois State Police shall suspend and withhold monthly
disbursements otherwise due to the emergency telephone system
board under Section 30 of this Act until the report is filed.
Any monthly disbursements that have been withheld for 12
months or more shall be forfeited by the emergency telephone
system board and shall be distributed proportionally by the
Illinois State Police to compliant emergency telephone system
boards that receive funds from the Statewide 9-1-1 Fund.
Any emergency telephone system board not in compliance
with this Section shall be ineligible to receive any
consolidation grant or infrastructure grant issued under this
Act.
(e) The Illinois State Police may adopt emergency rules
necessary to implement the provisions of this Section.
(f) Any findings or decisions of the Illinois State Police
under this Section shall be deemed a final administrative
decision and shall be subject to judicial review under the

Administrative Review Law.
(g) Beginning October 1, 2017, the Illinois State Police
shall provide a quarterly report to the Statewide 9-1-1
Advisory Board of its expenditures from the Statewide 9-1-1
Fund for the prior fiscal quarter.
(Source: P.A. 102-9, eff. 6-3-21; 102-538, eff. 8-20-21;
revised 10-18-21.)
Section 290. The Counties Code is amended by changing
Sections 3-9008 and 5-1069.3 and by setting forth,
renumbering, and changing multiple versions of Section 5-1186
as follows:
(55 ILCS 5/3-9008) (from Ch. 34, par. 3-9008)
Sec. 3-9008. Appointment of attorney to perform duties.
(a) (Blank).
(a-5) The court on its own motion, or an interested person
in a cause or proceeding, civil or criminal, may file a
petition alleging that the State's Attorney is sick, absent,
or unable to fulfill the State's Attorney's duties. The court
shall consider the petition, any documents filed in response,
and if necessary, grant a hearing to determine whether the
State's Attorney is sick, absent, or otherwise unable to
fulfill the State's Attorney's duties. If the court finds that
the State's Attorney is sick, absent, or otherwise unable to
fulfill the State's Attorney's duties, the court may appoint

some competent attorney to prosecute or defend the cause or
proceeding.
(a-10) The court on its own motion, or an interested
person in a cause, proceeding, or other matter arising under
the State's Attorney's duties, civil or criminal, may file a
petition alleging that the State's Attorney has an actual
conflict of interest in the cause, proceeding, or other
matter. The court shall consider the petition, any documents
filed in response, and if necessary, grant a hearing to
determine whether the State's Attorney has an actual conflict
of interest in the cause, proceeding, or other matter. If the
court finds that the petitioner has proven by sufficient facts
and evidence that the State's Attorney has an actual conflict
of interest in a specific case, the court may appoint some
competent attorney to prosecute or defend the cause,
proceeding, or other matter.
(a-15) Notwithstanding subsections (a-5) and (a-10) of
this Section, the State's Attorney may file a petition to
recuse the State's Attorney from a cause or proceeding for any
other reason the State's Attorney deems appropriate and the
court shall appoint a special prosecutor as provided in this
Section.
(a-20) Prior to appointing a private attorney under this
Section, the court shall contact public agencies, including,
but not limited to, the Office of Attorney General, Office of
the State's Attorneys Appellate Prosecutor, or local State's

Attorney's Offices throughout the State, to determine a public
prosecutor's availability to serve as a special prosecutor at
no cost to the county and shall appoint a public agency if they
are able and willing to accept the appointment. An attorney so
appointed shall have the same power and authority in relation
to the cause or proceeding as the State's Attorney would have
if present and attending to the cause or proceedings.
(b) In case of a vacancy of more than one year occurring in
any county in the office of State's attorney, by death,
resignation or otherwise, and it becomes necessary for the
transaction of the public business, that some competent
attorney act as State's attorney in and for such county during
the period between the time of the occurrence of such vacancy
and the election and qualification of a State's attorney, as
provided by law, the vacancy shall be filled upon the written
request of a majority of the circuit judges of the circuit in
which is located the county where such vacancy exists, by
appointment as provided in the Election Code of some competent
attorney to perform and discharge all the duties of a State's
attorney in the said county, such appointment and all
authority thereunder to cease upon the election and
qualification of a State's attorney, as provided by law. Any
attorney appointed for any reason under this Section shall
possess all the powers and discharge all the duties of a
regularly elected State's attorney under the laws of the State
to the extent necessary to fulfill the purpose of such

appointment, and shall be paid by the county the State's
Attorney serves not to exceed in any one period of 12 months,
for the reasonable amount of time actually expended in
carrying out the purpose of such appointment, the same
compensation as provided by law for the State's attorney of
the county, apportioned, in the case of lesser amounts of
compensation, as to the time of service reasonably and
actually expended. The county shall participate in all
agreements on the rate of compensation of a special
prosecutor.
(c) An order granting authority to a special prosecutor
must be construed strictly and narrowly by the court. The
power and authority of a special prosecutor shall not be
expanded without prior notice to the county. In the case of the
proposed expansion of a special prosecutor's power and
authority, a county may provide the court with information on
the financial impact of an expansion on the county. Prior to
the signing of an order requiring a county to pay for
attorney's fees or litigation expenses, the county shall be
provided with a detailed copy of the invoice describing the
fees, and the invoice shall include all activities performed
in relation to the case and the amount of time spent on each
activity.
(Source: P.A. 102-56, eff. 7-9-21; 102-657, eff. 1-1-22;
revised 10-18-21.)

(55 ILCS 5/5-1069.3)
Sec. 5-1069.3. Required health benefits. If a county,
including a home rule county, is a self-insurer for purposes
of providing health insurance coverage for its employees, the
coverage shall include coverage for the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g, 356g.5, 356g.5-1, 356q, 356u, 356w, 356x,
356z.6, 356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13,
356z.14, 356z.15, 356z.22, 356z.25, 356z.26, 356z.29,
356z.30a, 356z.32, 356z.33, 356z.36, 356z.40, 356z.41,
356z.45, 356z.46, 356z.47, 356z.48, and 356z.51 and 356z.43 of
the Illinois Insurance Code. The coverage shall comply with
Sections 155.22a, 355b, 356z.19, and 370c of the Illinois
Insurance Code. The Department of Insurance shall enforce the
requirements of this Section. The requirement that health
benefits be covered as provided in this Section is an
exclusive power and function of the State and is a denial and
limitation under Article VII, Section 6, subsection (h) of the
Illinois Constitution. A home rule county to which this
Section applies must comply with every provision of this
Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on

Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised
10-26-21.)
(55 ILCS 5/5-1186)
Sec. 5-1186. Kane County criminal courts complex drug
treatment center. Notwithstanding any other provision of law:
(1) A private drug addiction treatment center may
operate on the property transferred to Kane County in
Public Act 86-729.
(2) Kane County may lease portions of the property
transferred to the County in Public Act 86-729 to a
not-for-profit or for-profit company for a drug addiction
treatment center. Kane County may share in the drug
addiction treatment center revenue with a company to whom
it leases the property.
(3) Kane County may authorize the expenditure of funds
for a private drug addiction treatment center on the
property transferred to the County in Public Act 86-729.
(Source: P.A. 102-281, eff. 8-6-21.)

(55 ILCS 5/5-1187)
Sec. 5-1187 5-1186. COVID-19 business relief; waiver of
business fees, costs, and licensing. Notwithstanding any other
provision of law, a county board or board of county
commissioners may, by resolution, waive or provide credit for
any application or permit costs, fees, or other licensing or
registration costs for businesses, including, but not limited
to, professional or business licensing, liquor licenses,
construction, insurance, sales, builders, contractors, food
service, delivery, repair, consultation, legal services,
accounting, transportation, manufacturing, technology,
assembly, tourism, entertainment, or any business, industry,
or service the county is permitted by law to regulate or
license.
A waiver of business fees or costs shall be subject to an
application or review process and a demonstration of need
based upon any financial or logistical hardship as a result of
the COVID-19 pandemic.
Any such waiver or credit shall not be construed to apply
to any of the business and licensing costs of the State or any
of its agencies or departments and is not an exemption from
safety, health, or regulatory requirements or inspections of a
county, municipality, or the State.
(Source: P.A. 102-435, eff. 8-20-21; revised 11-9-21.)
Section 295. The Illinois Municipal Code is amended by

changing Sections 8-4-25, 10-1-7, 10-1-7.1, 10-2.1-6,
10-2.1-6.3, and 10-4-2.3 as follows:
(65 ILCS 5/8-4-25) (from Ch. 24, par. 8-4-25)
Sec. 8-4-25. Subject to the requirements of the Bond Issue
Notification Act, any municipality is authorized to issue from
time to time full faith and credit general obligation notes in
an amount not to exceed 85% of the specific taxes levied for
the year during which and for which such notes are issued,
provided no notes shall be issued in lieu of tax warrants for
any tax at any time there are outstanding tax anticipation
warrants against the specific taxes levied for the year. Such
notes shall bear interest at a rate not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract, if issued before
January 1, 1972 and not more than the maximum rate authorized
by the Bond Authorization Act, as amended at the time of the
making of the contract, if issued after January 1, 1972 and
shall mature within two years from date. The first interest
payment date on any such notes shall not be earlier than the
delinquency date of the first installment of taxes levied to
pay interest and principal of such notes. Notes may be issued
for taxes levied for the following purposes:
(a) Corporate.
(b) For the payment of judgments.
(c) Public Library for Maintenance and Operation.

(d) Public Library for Buildings and Sites.
(e) (Blank).
(f) Relief (General Assistance).
In order to authorize and issue such notes, the corporate
authorities shall adopt an ordinance fixing the amount of the
notes, the date thereof, the maturity, rate of interest, place
of payment and denomination, which shall be in equal multiples
of $1,000, and provide for the levy and collection of a direct
annual tax upon all the taxable property in the municipality
sufficient to pay the principal of and interest on such notes
as the same becomes due.
A certified copy of the ordinance authorizing the issuance
of the notes shall be filed in the office of the County Clerk
of the county in which the municipality is located, or if the
municipality lies partly within two or more counties, a
certified copy of the ordinance authorizing such notes shall
be filed with the County Clerk of each of the respective
counties, and it shall be the duty of the County Clerk, or
County Clerks, whichever the case may be, to extend the tax
therefor in addition to and in excess of all other taxes
heretofore or hereafter authorized to be levied by such
municipality.
From and after any such notes have been issued and while
such notes are outstanding, it shall be the duty of the County
Clerk or County Clerks, whichever the case may be, in
computing the tax rate for the purpose for which the notes have

been issued to reduce the tax rate levied for such purpose by
the amount levied to pay the principal of and interest on the
notes to maturity, provided the tax rate shall not be reduced
beyond the amount necessary to reimburse any money borrowed
from the working cash fund, and it shall be the duty of the
Clerk of the municipality annually, not less than thirty (30)
days prior to the tax extension date, to certify to the County
Clerk, or County Clerks, whichever the case may be, the amount
of money borrowed from the working cash fund to be reimbursed
from the specific tax levy.
No reimbursement shall be made to the working cash fund
until there has been accumulated from the tax levy provided
for the notes an amount sufficient to pay the principal of and
interest on such notes as the same become due.
With respect to instruments for the payment of money
issued under this Section either before, on, or after June 6,
1989 (the effective date of Public Act 86-4) this amendatory
Act of 1989, it is and always has been the intention of the
General Assembly (i) that the Omnibus Bond Acts are and always
have been supplementary grants of power to issue instruments
in accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the supplementary

authority granted by the Omnibus Bond Acts are not invalid
because of any provision of this Act that may appear to be or
to have been more restrictive than those Acts.
(Source: P.A. 102-587, eff. 1-1-22; revised 12-3-21.)
(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
Sec. 10-1-7. Examination of applicants; disqualifications.
(a) All applicants for offices or places in the classified
service, except those mentioned in Section 10-1-17, are
subject to examination. The examination shall be public,
competitive, and open to all citizens of the United States,
with specified limitations as to residence, age, health,
habits and moral character.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his or her period of service for that
municipality, or be made a condition of promotion, except for
the rank or position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs

subsections (1), (6), and (8) of subsection (a) of Section
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012
or arrested for any cause but not convicted on that cause shall
be disqualified from taking the examination on grounds of
habits or moral character, unless the person is attempting to
qualify for a position on the police department, in which case
the conviction or arrest may be considered as a factor in
determining the person's habits or moral character.
(d) Persons entitled to military preference under Section
10-1-16 shall not be subject to limitations specifying age
unless they are applicants for a position as a fireman or a
policeman having no previous employment status as a fireman or
policeman in the regularly constituted fire or police
department of the municipality, in which case they must not
have attained their 35th birthday, except any person who has
served as an auxiliary police officer under Section 3.1-30-20
for at least 5 years and is under 40 years of age.
(e) All employees of a municipality of less than 500,000
population (except those who would be excluded from the
classified service as provided in this Division 1) who are
holding that employment as of the date a municipality adopts
this Division 1, or as of July 17, 1959, whichever date is the
later, and who have held that employment for at least 2 years
immediately before that later date, and all firemen and
policemen regardless of length of service who were either
appointed to their respective positions by the board of fire

and police commissioners under the provisions of Division 2 of
this Article or who are serving in a position (except as a
temporary employee) in the fire or police department in the
municipality on the date a municipality adopts this Division
1, or as of July 17, 1959, whichever date is the later, shall
become members of the classified civil service of the
municipality without examination.
(f) The examinations shall be practical in their
character, and shall relate to those matters that will fairly
test the relative capacity of the persons examined to
discharge the duties of the positions to which they seek to be
appointed. The examinations shall include tests of physical
qualifications, health, and (when appropriate) manual skill.
If an applicant is unable to pass the physical examination
solely as the result of an injury received by the applicant as
the result of the performance of an act of duty while working
as a temporary employee in the position for which he or she is
being examined, however, the physical examination shall be
waived and the applicant shall be considered to have passed
the examination. No questions in any examination shall relate
to political or religious opinions or affiliations. Results of
examinations and the eligible registers prepared from the
results shall be published by the commission within 60 days
after any examinations are held.
(g) The commission shall control all examinations, and
may, whenever an examination is to take place, designate a

suitable number of persons, either in or not in the official
service of the municipality, to be examiners. The examiners
shall conduct the examinations as directed by the commission
and shall make a return or report of the examinations to the
commission. If the appointed examiners are in the official
service of the municipality, the examiners shall not receive
extra compensation for conducting the examinations unless the
examiners are subject to a collective bargaining agreement
with the municipality. The commission may at any time
substitute any other person, whether or not in the service of
the municipality, in the place of any one selected as an
examiner. The commission members may themselves at any time
act as examiners without appointing examiners. The examiners
at any examination shall not all be members of the same
political party.
(h) In municipalities of 500,000 or more population, no
person who has attained his or her 35th birthday shall be
eligible to take an examination for a position as a fireman or
a policeman unless the person has had previous employment
status as a policeman or fireman in the regularly constituted
police or fire department of the municipality, except as
provided in this Section.
(i) In municipalities of more than 5,000 but not more than
200,000 inhabitants, no person who has attained his or her
35th birthday shall be eligible to take an examination for a
position as a fireman or a policeman unless the person has had

previous employment status as a policeman or fireman in the
regularly constituted police or fire department of the
municipality, except as provided in this Section.
(j) In all municipalities, applicants who are 20 years of
age and who have successfully completed 2 years of law
enforcement studies at an accredited college or university may
be considered for appointment to active duty with the police
department. An applicant described in this subsection (j) who
is appointed to active duty shall not have power of arrest, nor
shall the applicant be permitted to carry firearms, until he
or she reaches 21 years of age.
(k) In municipalities of more than 500,000 population,
applications for examination for and appointment to positions
as firefighters or police shall be made available at various
branches of the public library of the municipality.
(l) No municipality having a population less than
1,000,000 shall require that any fireman appointed to the
lowest rank serve a probationary employment period of longer
than one year. The limitation on periods of probationary
employment provided in Public Act 86-990 this amendatory Act
of 1989 is an exclusive power and function of the State.
Pursuant to subsection (h) of Section 6 of Article VII of the
Illinois Constitution, a home rule municipality having a
population less than 1,000,000 must comply with this
limitation on periods of probationary employment, which is a
denial and limitation of home rule powers. Notwithstanding

anything to the contrary in this Section, the probationary
employment period limitation may be extended for a firefighter
who is required, as a condition of employment, to be a licensed
paramedic, during which time the sole reason that a
firefighter may be discharged without a hearing is for failing
to meet the requirements for paramedic licensure.
(m) To the extent that this Section or any other Section in
this Division conflicts with Section 10-1-7.1 or 10-1-7.2,
then Section 10-1-7.1 or 10-1-7.2 shall control.
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12;
97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-973, eff.
8-15-14; revised 12-3-21.)
(65 ILCS 5/10-1-7.1)
Sec. 10-1-7.1. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow
the provisions of Section 10-1-7.2, this Section shall apply
to all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251).
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered

in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before August 4, 2011 (the effective date of
Public Act 97-251) is exempt from the requirements of this
Section for the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed

the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new
position or vacancy due to resignation, discharge, promotion,
death, the granting of a disability or retirement pension, or
any other cause, the appointing authority shall appoint to
that position the person with the highest ranking on the final
eligibility list. If the appointing authority has reason to
conclude that the highest ranked person fails to meet the
minimum standards for the position or if the appointing
authority believes an alternate candidate would better serve
the needs of the department, then the appointing authority has
the right to pass over the highest ranked person and appoint
either: (i) any person who has a ranking in the top 5% of the
register of eligibles or (ii) any person who is among the top 5
highest ranked persons on the list of eligibles if the number
of people who have a ranking in the top 5% of the register of
eligibles is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall
not prejudice a person's opportunities to participate in

future examinations, including an examination held during the
time a candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the Civil Service Commission. All
certificates of appointment issued to any officer or member of
an affected department shall be signed by the chairperson and
secretary, respectively, of the commission upon appointment of
such officer or member to the affected department by the
commission. After being selected from the register of
eligibles to fill a vacancy in the affected department, each
appointee shall be presented with his or her certificate of
appointment on the day on which he or she is sworn in as a
classified member of the affected department. Firefighters who
were not issued a certificate of appointment when originally
appointed shall be provided with a certificate within 10 days
after making a written request to the chairperson of the Civil
Service Commission. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) appointed to a fire
department or fire protection district or employed by a State
university and sworn or commissioned to perform firefighter

duties or paramedic duties, or both, except that the following
persons are not included: part-time firefighters; auxiliary,
reserve, or voluntary firefighters, including paid-on-call
firefighters; clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform firefighter duties; and
elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required
of members of the fire department in order to provide the
highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department shall be subject to examination and testing which
shall be public, competitive, and open to all applicants
unless the municipality shall by ordinance limit applicants to
residents of the municipality, county or counties in which the
municipality is located, State, or nation. Any examination and
testing procedure utilized under subsection (e) of this
Section shall be supported by appropriate validation evidence
and shall comply with all applicable State and federal laws.
Municipalities may establish educational, emergency medical
service licensure, and other prerequisites for participation
in an examination or for hire as a firefighter. Any
municipality may charge a fee to cover the costs of the

application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to
the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located
in Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section
21 of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district,
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter, or

(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a
hearing is for failing to meet the requirements for paramedic
licensure.
In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon

the final eligibility register provided for in this Division 1
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) 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, or (ii) on the
municipality's Internet website. Additional notice of the

examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on
the final register of eligibles. The examination may also
include a subjective component based on merit criteria as
determined by the commission. Scores from the examination must
be made available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written
examinations shall be administered in a manner that ensures
the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be

called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
may be based on standards developed, or approved, by the
local appointing authority.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's

capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of
proctors and monitors, open to the public, and subject to
reasonable regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the commission so as to demonstrate a candidate's ability to
perform the essential functions of the job. The minimum score
set by the commission shall be supported by appropriate
validation evidence and shall comply with all applicable State
and federal laws. The appointing authority may conduct the
physical ability component and any subjective components
subsequent to the posting of the preliminary eligibility
register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)

the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of
persons whose total score is not less than the minimum score
for passage and who have passed the physical ability
examination. These persons shall take rank upon the register
as candidates in the order of their relative excellence based
on the highest to the lowest total points scored on the mental
aptitude, subjective component, and preference components of
the test administered in accordance with this Section. No more
than 60 days after each examination, an initial eligibility
list shall be posted by the commission. The list shall include
the final grades of the candidates without reference to
priority of the time of examination and subject to claim for
preference credit.
Commissions may conduct additional examinations, including

without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference
to priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in
the military service of the United States for a period of
at least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field

of fire service or emergency medical services, or a
bachelor's degree from an accredited college or university
may be preferred for appointment to and employment with
the fire department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, certified Firefighter III, State
of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the
applicant may not be awarded more than 0.5 points for each
complete year of paid-on-call or part-time service.
Applicants from outside the municipality who were employed
as full-time firefighters or firefighter-paramedics by a
fire protection district or another municipality may be
awarded up to 5 experience preference points. However, the
applicant may not be awarded more than one point for each
complete year of full-time service.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the

commission, within 10 days after the request, the number
of years of successful paid-on-call, part-time, or
full-time service of any person. A candidate may not
receive the full amount of preference points under this
subsection if the amount of points awarded would place the
candidate before a veteran on the eligibility list. If
more than one candidate receiving experience preference
points is prevented from receiving all of their points due
to not being allowed to pass a veteran, the candidates
shall be placed on the list below the veteran in rank order
based on the totals received if all points under this
subsection were to be awarded. Any remaining ties on the
list shall be determined by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meets the
qualifications for original appointment as a firefighter
specified in this Section may be awarded up to 20

preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section
10-1-14 of this Division and the terms established by a
Joint Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points

for each category, except items (1) and (7.5). The number
of preference points for each category shall range from 0
to 5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if
a candidate earns the maximum number of preference points
in all categories except item (7.5), that number may not
be less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from

the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to
the commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review, including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.

The commission shall strike off the names of candidates
for original appointment after the names have been on the list
for more than 2 years.
(i) Moral character. No person shall be appointed to a
fire department unless he or she is a person of good character;
not a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or arrest for any cause without conviction thereon.
Any such person who is in the department may be removed on
charges brought for violating this subsection and after a
trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois State Police and to the Federal
Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information

for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law of the Civil Administrative Code of
Illinois, the Illinois State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;

102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised
10-5-21.)
(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
Sec. 10-2.1-6. Examination of applicants;
disqualifications.
(a) All applicants for a position in either the fire or
police department of the municipality shall be under 35 years
of age, shall be subject to an examination that shall be
public, competitive, and open to all applicants (unless the
council or board of trustees by ordinance limit applicants to
electors of the municipality, county, state or nation) and
shall be subject to reasonable limitations as to residence,
health, habits, and moral character. The municipality may not
charge or collect any fee from an applicant who has met all
prequalification standards established by the municipality for
any such position. With respect to a police department, a
veteran shall be allowed to exceed the maximum age provision
of this Section by the number of years served on active
military duty, but by no more than 10 years of active military
duty.
(b) Residency requirements in effect at the time an
individual enters the fire or police service of a municipality
(other than a municipality that has more than 1,000,000
inhabitants) cannot be made more restrictive for that
individual during his period of service for that municipality,

or be made a condition of promotion, except for the rank or
position of Fire or Police Chief.
(c) No person with a record of misdemeanor convictions
except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
(a)(1) and (a)(2)(C) of Section 11-14.3, and paragraphs
subsections (1), (6), and (8) of subsection (a) of Section
24-1 of the Criminal Code of 1961 or the Criminal Code of 2012,
or arrested for any cause but not convicted on that cause shall
be disqualified from taking the examination to qualify for a
position in the fire department on grounds of habits or moral
character.
(d) The age limitation in subsection (a) does not apply
(i) to any person previously employed as a policeman or
fireman in a regularly constituted police or fire department
of (I) any municipality, regardless of whether the
municipality is located in Illinois or in another state, or
(II) a fire protection district whose obligations were assumed
by a municipality under Section 21 of the Fire Protection
District Act, (ii) to any person who has served a municipality
as a regularly enrolled volunteer fireman for 5 years
immediately preceding the time that municipality begins to use
full time firemen to provide all or part of its fire protection
service, or (iii) to any person who has served as an auxiliary

police officer under Section 3.1-30-20 for at least 5 years
and is under 40 years of age, (iv) to any person who has served
as a deputy under Section 3-6008 of the Counties Code and
otherwise meets necessary training requirements, or (v) to any
person who has served as a sworn officer as a member of the
Illinois State Police.
(e) Applicants who are 20 years of age and who have
successfully completed 2 years of law enforcement studies at
an accredited college or university may be considered for
appointment to active duty with the police department. An
applicant described in this subsection (e) who is appointed to
active duty shall not have power of arrest, nor shall the
applicant be permitted to carry firearms, until he or she
reaches 21 years of age.
(f) Applicants who are 18 years of age and who have
successfully completed 2 years of study in fire techniques,
amounting to a total of 4 high school credits, within the cadet
program of a municipality may be considered for appointment to
active duty with the fire department of any municipality.
(g) The council or board of trustees may by ordinance
provide that persons residing outside the municipality are
eligible to take the examination.
(h) The examinations shall be practical in character and
relate to those matters that will fairly test the capacity of
the persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be appointed

to the police or fire department if he or she does not possess
a high school diploma or an equivalent high school education.
A board of fire and police commissioners may, by its rules,
require police applicants to have obtained an associate's
degree or a bachelor's degree as a prerequisite for
employment. The examinations shall include tests of physical
qualifications and health. A board of fire and police
commissioners may, by its rules, waive portions of the
required examination for police applicants who have previously
been full-time sworn officers of a regular police department
in any municipal, county, university, or State law enforcement
agency, provided they are certified by the Illinois Law
Enforcement Training Standards Board and have been with their
respective law enforcement agency within the State for at
least 2 years. No person shall be appointed to the police or
fire department if he or she has suffered the amputation of any
limb unless the applicant's duties will be only clerical or as
a radio operator. No applicant shall be examined concerning
his or her political or religious opinions or affiliations.
The examinations shall be conducted by the board of fire and
police commissioners of the municipality as provided in this
Division 2.1.
The requirement that a police applicant possess an
associate's degree under this subsection may be waived if one
or more of the following applies: (1) the applicant has served
for 24 months of honorable active duty in the United States

Armed Forces and has not been discharged dishonorably or under
circumstances other than honorable; (2) the applicant has
served for 180 days of active duty in the United States Armed
Forces in combat duty recognized by the Department of Defense
and has not been discharged dishonorably or under
circumstances other than honorable; or (3) the applicant has
successfully received credit for a minimum of 60 credit hours
toward a bachelor's degree from an accredited college or
university.
The requirement that a police applicant possess a
bachelor's degree under this subsection may be waived if one
or more of the following applies: (1) the applicant has served
for 36 months of honorable active duty in the United States
Armed Forces and has not been discharged dishonorably or under
circumstances other than honorable or (2) the applicant has
served for 180 days of active duty in the United States Armed
Forces in combat duty recognized by the Department of Defense
and has not been discharged dishonorably or under
circumstances other than honorable.
(i) No person who is classified by his local selective
service draft board as a conscientious objector, or who has
ever been so classified, may be appointed to the police
department.
(j) No person shall be appointed to the police or fire
department unless he or she is a person of good character and
not an habitual drunkard, gambler, or a person who has been

convicted of a felony or a crime involving moral turpitude. No
person, however, shall be disqualified from appointment to the
fire department because of his or her record of misdemeanor
convictions except those under Sections 11-1.50, 11-6, 11-7,
11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,
31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
paragraphs subsections (1), (6), and (8) of subsection (a) of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or arrest for any cause without conviction on that
cause. Any such person who is in the department may be removed
on charges brought and after a trial as provided in this
Division 2.1.
(Source: P.A. 102-538, eff. 8-20-21; revised 12-3-21.)
(65 ILCS 5/10-2.1-6.3)
Sec. 10-2.1-6.3. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow
the provisions of Section 10-2.1-6.4, this Section shall apply
to all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251).

Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in the manner provided for in this Section. Provisions of the
Illinois Municipal Code, municipal ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall
continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A home rule or non-home rule municipality may not
administer its fire department process for original
appointments in a manner that is less stringent than this
Section. This Section is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of the powers and
functions exercised by the State.
A municipality that is operating under a court order or
consent decree regarding original appointments to a full-time
fire department before August 4, 2011 (the effective date of
Public Act 97-251) is exempt from the requirements of this
Section for the duration of the court order or consent decree.
Notwithstanding any other provision of this subsection
(a), this Section does not apply to a municipality with more
than 1,000,000 inhabitants.
(b) Original appointments. All original appointments made

to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
established by this Section. Only persons who meet or exceed
the performance standards required by this Section shall be
placed on a register of eligibles for original appointment to
an affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new
position or vacancy due to resignation, discharge, promotion,
death, the granting of a disability or retirement pension, or
any other cause, the appointing authority shall appoint to
that position the person with the highest ranking on the final
eligibility list. If the appointing authority has reason to
conclude that the highest ranked person fails to meet the
minimum standards for the position or if the appointing
authority believes an alternate candidate would better serve
the needs of the department, then the appointing authority has
the right to pass over the highest ranked person and appoint
either: (i) any person who has a ranking in the top 5% of the
register of eligibles or (ii) any person who is among the top 5
highest ranked persons on the list of eligibles if the number
of people who have a ranking in the top 5% of the register of
eligibles is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any

candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall
not prejudice a person's opportunities to participate in
future examinations, including an examination held during the
time a candidate is already on the municipality's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire and police commissioners.
All certificates of appointment issued to any officer or
member of an affected department shall be signed by the
chairperson and secretary, respectively, of the board upon
appointment of such officer or member to the affected
department by action of the board. After being selected from
the register of eligibles to fill a vacancy in the affected
department, each appointee shall be presented with his or her
certificate of appointment on the day on which he or she is
sworn in as a classified member of the affected department.
Firefighters who were not issued a certificate of appointment
when originally appointed shall be provided with a certificate
within 10 days after making a written request to the
chairperson of the board of fire and police commissioners.
Each person who accepts a certificate of appointment and
successfully completes his or her probationary period shall be
enrolled as a firefighter and as a regular member of the fire
department.
For the purposes of this Section, "firefighter" means any

person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) appointed to a fire
department or fire protection district or employed by a State
university and sworn or commissioned to perform firefighter
duties or paramedic duties, or both, except that the following
persons are not included: part-time firefighters; auxiliary,
reserve, or voluntary firefighters, including paid-on-call
firefighters; clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform firefighter duties; and
elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental
aptitude and physical ability to perform the duties required
of members of the fire department in order to provide the
highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department shall be subject to examination and testing which
shall be public, competitive, and open to all applicants
unless the municipality shall by ordinance limit applicants to
residents of the municipality, county or counties in which the
municipality is located, State, or nation. Any examination and
testing procedure utilized under subsection (e) of this
Section shall be supported by appropriate validation evidence
and shall comply with all applicable State and federal laws.

Municipalities may establish educational, emergency medical
service licensure, and other prerequisites for participation
in an examination or for hire as a firefighter. Any
municipality may charge a fee to cover the costs of the
application process.
Residency requirements in effect at the time an individual
enters the fire service of a municipality cannot be made more
restrictive for that individual during his or her period of
service for that municipality, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to
the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible
to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the
municipality, except as provided in this Section. The age
limitation does not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located
in Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section
21 of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire

protection district,
(2) any person who has served a municipality as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter, or
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The
examinations shall be conducted by the commissioners of the
municipality or their designees and agents.
No municipality shall require that any firefighter
appointed to the lowest rank serve a probationary employment
period of longer than one year of actual active employment,
which may exclude periods of training, or injury or illness
leaves, including duty related leave, in excess of 30 calendar
days. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation may be
extended for a firefighter who is required, as a condition of
employment, to be a licensed paramedic, during which time the
sole reason that a firefighter may be discharged without a

hearing is for failing to meet the requirements for paramedic
licensure.
In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for
certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) 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, or (ii) on the
municipality's Internet website. Additional notice of the
examination may be given as the commission shall prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on
the final register of eligibles. The examination may also
include a subjective component based on merit criteria as
determined by the commission. Scores from the examination must
be made available to the public.
(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written
examinations shall be administered in a manner that ensures
the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform

the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties
including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
may be based on standards developed, or approved, by the
local appointing authority.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in

stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of
proctors and monitors, open to the public, and subject to
reasonable regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A
person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the commission so as to demonstrate a candidate's ability to
perform the essential functions of the job. The minimum score
set by the commission shall be supported by appropriate
validation evidence and shall comply with all applicable State
and federal laws. The appointing authority may conduct the
physical ability component and any subjective components
subsequent to the posting of the preliminary eligibility

register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score as set by
the commission. The local appointing authority may prescribe
the score to qualify for placement on the final eligibility
register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of
persons whose total score is not less than the minimum score
for passage and who have passed the physical ability
examination. These persons shall take rank upon the register
as candidates in the order of their relative excellence based
on the highest to the lowest total points scored on the mental
aptitude, subjective component, and preference components of
the test administered in accordance with this Section. No more
than 60 days after each examination, an initial eligibility
list shall be posted by the commission. The list shall include

the final grades of the candidates without reference to
priority of the time of examination and subject to claim for
preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference
to priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in
the military service of the United States for a period of
at least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department

Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field
of fire service or emergency medical services, or a
bachelor's degree from an accredited college or university
may be preferred for appointment to and employment with
the fire department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic shall be preferred for appointment
to and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
municipality who have been paid-on-call or part-time
certified Firefighter II, State of Illinois or nationally
licensed EMT, EMT-I, A-EMT, or any combination of those
capacities shall be awarded 0.5 point for each year of
successful service in one or more of those capacities, up
to a maximum of 5 points. Certified Firefighter III and
State of Illinois or nationally licensed paramedics shall
be awarded one point per year up to a maximum of 5 points.
Applicants from outside the municipality who were employed
as full-time firefighters or firefighter-paramedics by a
fire protection district or another municipality for at
least 2 years shall be awarded 5 experience preference
points. These additional points presuppose a rating scale

totaling 100 points available for the eligibility list. If
more or fewer points are used in the rating scale for the
eligibility list, the points awarded under this subsection
shall be increased or decreased by a factor equal to the
total possible points available for the examination
divided by 100.
Upon request by the commission, the governing body of
the municipality or in the case of applicants from outside
the municipality the governing body of any fire protection
district or any other municipality shall certify to the
commission, within 10 days after the request, the number
of years of successful paid-on-call, part-time, or
full-time service of any person. A candidate may not
receive the full amount of preference points under this
subsection if the amount of points awarded would place the
candidate before a veteran on the eligibility list. If
more than one candidate receiving experience preference
points is prevented from receiving all of their points due
to not being allowed to pass a veteran, the candidates
shall be placed on the list below the veteran in rank order
based on the totals received if all points under this
subsection were to be awarded. Any remaining ties on the
list shall be determined by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction shall be preferred for appointment to and

employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meets the
qualifications for original appointment as a firefighter
specified in this Section is eligible to be awarded up to
20 preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section
10-2.1-4 of this Division and the terms established by a
Joint Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference
points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other

components of the examination.
(8) Scoring of preferences. The commission may give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except items (1) and (7.5). The number
of preference points for each category shall range from 0
to 5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if
a candidate earns the maximum number of preference points
in all categories except item (7.5), that number may not
be less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference
achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except

item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference may be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit may make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim may be deemed waived. Final
eligibility registers may be established after the awarding of
verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to
the commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review, including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all

on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates
for original appointment after the names have been on the list
for more than 2 years.
(i) Moral character. No person shall be appointed to a
fire department unless he or she is a person of good character;
not a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or arrest for any cause without conviction thereon.

Any such person who is in the department may be removed on
charges brought for violating this subsection and after a
trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois State Police and to the Federal
Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law of the Civil Administrative Code of
Illinois, the Illinois State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the
commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Division, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test

questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised
10-5-21.)
(65 ILCS 5/10-4-2.3)
Sec. 10-4-2.3. Required health benefits. If a
municipality, including a home rule municipality, is a
self-insurer for purposes of providing health insurance
coverage for its employees, the coverage shall include
coverage for the post-mastectomy care benefits required to be
covered by a policy of accident and health insurance under
Section 356t and the coverage required under Sections 356g,
356g.5, 356g.5-1, 356q, 356u, 356w, 356x, 356z.6, 356z.8,
356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15,
356z.22, 356z.25, 356z.26, 356z.29, 356z.30a, 356z.32,
356z.33, 356z.36, 356z.40, 356z.41, 356z.45, 356z.46, 356z.47,
356z.48, and 356z.51 and 356z.43 of the Illinois Insurance

Code. The coverage shall comply with Sections 155.22a, 355b,
356z.19, and 370c of the Illinois Insurance Code. The
Department of Insurance shall enforce the requirements of this
Section. The requirement that health benefits be covered as
provided in this is an exclusive power and function of the
State and is a denial and limitation under Article VII,
Section 6, subsection (h) of the Illinois Constitution. A home
rule municipality to which this Section applies must comply
with every provision of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff. 1-1-22;
102-642, eff. 1-1-22; 102-665, eff. 10-8-21; revised
10-26-21.)
Section 300. The Revised Cities and Villages Act of 1941
is amended by changing Section 21-5.1 as follows:
(65 ILCS 20/21-5.1) (from Ch. 24, par. 21-5.1)

Sec. 21-5.1. Vice Mayor; election; duties; compensation.
Mayor - election - duties - compensation.) Following election
and qualification of alderpersons at a general election as
provided by Section 21-22 of this Act, the City Council shall
elect, from among its members, a Vice Mayor, to serve as
interim Mayor of Chicago in the event that a vacancy occurs in
the office of Mayor or in the event that the Council
determines, by 3/5 vote, that the Mayor is under a permanent or
protracted disability caused by illness or injury which
renders the Mayor unable to serve. The Vice Mayor shall serve
as interim Mayor. He will serve until the City Council shall
elect one of its members acting Mayor or until the mayoral term
expires.
The Vice Mayor shall receive no compensation as such, but
shall receive compensation as an alderperson even while
serving as interim Mayor. While serving as interim Mayor, the
Vice Mayor shall possess all rights and powers and shall
perform the duties of Mayor.
(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
Section 305. The Fire Protection District Act is amended
by changing Sections 16.06 and 16.06b as follows:
(70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
Sec. 16.06. Eligibility for positions in fire department;
disqualifications.

(a) All applicants for a position in the fire department
of the fire protection district shall be under 35 years of age
and shall be subjected to examination, which shall be public,
competitive, and free to all applicants, subject to reasonable
limitations as to health, habits, and moral character;
provided that the foregoing age limitation shall not apply in
the case of any person having previous employment status as a
fireman in a regularly constituted fire department of any fire
protection district, and further provided that each fireman or
fire chief who is a member in good standing in a regularly
constituted fire department of any municipality which shall be
or shall have subsequently been included within the boundaries
of any fire protection district now or hereafter organized
shall be given a preference for original appointment in the
same class, grade or employment over all other applicants. The
examinations shall be practical in their character and shall
relate to those matters which will fairly test the persons
examined as to their relative capacity to discharge the duties
of the positions to which they seek appointment. The
examinations shall include tests of physical qualifications
and health. No applicant, however, shall be examined
concerning his political or religious opinions or
affiliations. The examinations shall be conducted by the board
of fire commissioners.
In any fire protection district that employs full-time
firefighters and is subject to a collective bargaining

agreement, a person who has not qualified for regular
appointment under the provisions of this Section shall not be
used as a temporary or permanent substitute for certificated
members of a fire district's fire department or for regular
appointment as a certificated member of a fire district's fire
department unless mutually agreed to by the employee's
certified bargaining agent. Such agreement shall be considered
a permissive subject of bargaining. Fire protection districts
covered by the changes made by Public Act 95-490 this
amendatory Act of the 95th General Assembly that are using
non-certificated employees as substitutes immediately prior to
June 1, 2008 (the effective date of Public Act 95-490) this
amendatory Act of the 95th General Assembly may, by mutual
agreement with the certified bargaining agent, continue the
existing practice or a modified practice and that agreement
shall be considered a permissive subject of bargaining.
(b) No person shall be appointed to the fire department
unless he or she is a person of good character and not a person
who has been convicted of a felony in Illinois or convicted in
another jurisdiction for conduct that would be a felony under
Illinois law, or convicted of a crime involving moral
turpitude. No person, however, shall be disqualified from
appointment to the fire department because of his or her
record of misdemeanor convictions, except those under Sections
11-1.50, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
11-30, 11-35, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1,

24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
32-4, and 32-8, subdivisions (a)(1) and (a)(2)(C) of Section
11-14.3, and paragraphs subsections (1), (6), and (8) of
subsection (a) of Section 24-1 of the Criminal Code of 1961 or
the Criminal Code of 2012.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
revised 12-3-21.)
(70 ILCS 705/16.06b)
Sec. 16.06b. Original appointments; full-time fire
department.
(a) Applicability. Unless a commission elects to follow
the provisions of Section 16.06c, this Section shall apply to
all original appointments to an affected full-time fire
department. Existing registers of eligibles shall continue to
be valid until their expiration dates, or up to a maximum of 2
years after August 4, 2011 (the effective date of Public Act
97-251).
Notwithstanding any statute, ordinance, rule, or other law
to the contrary, all original appointments to an affected
department to which this Section applies shall be administered
in a no less stringent manner than the manner provided for in
this Section. Provisions of the Illinois Municipal Code, Fire
Protection District Act, fire district ordinances, and rules
adopted pursuant to such authority and other laws relating to
initial hiring of firefighters in affected departments shall

continue to apply to the extent they are compatible with this
Section, but in the event of a conflict between this Section
and any other law, this Section shall control.
A fire protection district that is operating under a court
order or consent decree regarding original appointments to a
full-time fire department before August 4, 2011 (the effective
date of Public Act 97-251) is exempt from the requirements of
this Section for the duration of the court order or consent
decree.
(b) Original appointments. All original appointments made
to an affected fire department shall be made from a register of
eligibles established in accordance with the processes
required by this Section. Only persons who meet or exceed the
performance standards required by the Section shall be placed
on a register of eligibles for original appointment to an
affected fire department.
Whenever an appointing authority authorizes action to hire
a person to perform the duties of a firefighter or to hire a
firefighter-paramedic to fill a position that is a new
position or vacancy due to resignation, discharge, promotion,
death, the granting of a disability or retirement pension, or
any other cause, the appointing authority shall appoint to
that position the person with the highest ranking on the final
eligibility list. If the appointing authority has reason to
conclude that the highest ranked person fails to meet the
minimum standards for the position or if the appointing

authority believes an alternate candidate would better serve
the needs of the department, then the appointing authority has
the right to pass over the highest ranked person and appoint
either: (i) any person who has a ranking in the top 5% of the
register of eligibles or (ii) any person who is among the top 5
highest ranked persons on the list of eligibles if the number
of people who have a ranking in the top 5% of the register of
eligibles is less than 5 people.
Any candidate may pass on an appointment once without
losing his or her position on the register of eligibles. Any
candidate who passes a second time may be removed from the list
by the appointing authority provided that such action shall
not prejudice a person's opportunities to participate in
future examinations, including an examination held during the
time a candidate is already on the fire district's register of
eligibles.
The sole authority to issue certificates of appointment
shall be vested in the board of fire commissioners, or board of
trustees serving in the capacity of a board of fire
commissioners. All certificates of appointment issued to any
officer or member of an affected department shall be signed by
the chairperson and secretary, respectively, of the commission
upon appointment of such officer or member to the affected
department by action of the commission. After being selected
from the register of eligibles to fill a vacancy in the
affected department, each appointee shall be presented with

his or her certificate of appointment on the day on which he or
she is sworn in as a classified member of the affected
department. Firefighters who were not issued a certificate of
appointment when originally appointed shall be provided with a
certificate within 10 days after making a written request to
the chairperson of the board of fire commissioners, or board
of trustees serving in the capacity of a board of fire
commissioners. Each person who accepts a certificate of
appointment and successfully completes his or her probationary
period shall be enrolled as a firefighter and as a regular
member of the fire department.
For the purposes of this Section, "firefighter" means any
person who has been prior to, on, or after August 4, 2011 (the
effective date of Public Act 97-251) appointed to a fire
department or fire protection district or employed by a State
university and sworn or commissioned to perform firefighter
duties or paramedic duties, or both, except that the following
persons are not included: part-time firefighters; auxiliary,
reserve, or voluntary firefighters, including paid-on-call
firefighters; clerks and dispatchers or other civilian
employees of a fire department or fire protection district who
are not routinely expected to perform firefighter duties; and
elected officials.
(c) Qualification for placement on register of eligibles.
The purpose of establishing a register of eligibles is to
identify applicants who possess and demonstrate the mental

aptitude and physical ability to perform the duties required
of members of the fire department in order to provide the
highest quality of service to the public. To this end, all
applicants for original appointment to an affected fire
department shall be subject to examination and testing which
shall be public, competitive, and open to all applicants
unless the district shall by ordinance limit applicants to
residents of the district, county or counties in which the
district is located, State, or nation. Any examination and
testing procedure utilized under subsection (e) of this
Section shall be supported by appropriate validation evidence
and shall comply with all applicable State and federal laws.
Districts may establish educational, emergency medical service
licensure, and other prerequisites for participation in an
examination or for hire as a firefighter. Any fire protection
district may charge a fee to cover the costs of the application
process.
Residency requirements in effect at the time an individual
enters the fire service of a district cannot be made more
restrictive for that individual during his or her period of
service for that district, or be made a condition of
promotion, except for the rank or position of fire chief and
for no more than 2 positions that rank immediately below that
of the chief rank which are appointed positions pursuant to
the Fire Department Promotion Act.
No person who is 35 years of age or older shall be eligible

to take an examination for a position as a firefighter unless
the person has had previous employment status as a firefighter
in the regularly constituted fire department of the district,
except as provided in this Section. The age limitation does
not apply to:
(1) any person previously employed as a full-time
firefighter in a regularly constituted fire department of
(i) any municipality or fire protection district located
in Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section
21 of the Fire Protection District Act, or (iii) a
municipality whose obligations were taken over by a fire
protection district;
(2) any person who has served a fire district as a
regularly enrolled volunteer, paid-on-call, or part-time
firefighter; or
(3) any person who turned 35 while serving as a member
of the active or reserve components of any of the branches
of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as
honorable or under honorable, if separated from the
military, and is currently under the age of 40.
No person who is under 21 years of age shall be eligible
for employment as a firefighter.
No applicant shall be examined concerning his or her
political or religious opinions or affiliations. The

examinations shall be conducted by the commissioners of the
district or their designees and agents.
No district shall require that any firefighter appointed
to the lowest rank serve a probationary employment period of
longer than one year of actual active employment, which may
exclude periods of training, or injury or illness leaves,
including duty related leave, in excess of 30 calendar days.
Notwithstanding anything to the contrary in this Section, the
probationary employment period limitation may be extended for
a firefighter who is required, as a condition of employment,
to be a licensed paramedic, during which time the sole reason
that a firefighter may be discharged without a hearing is for
failing to meet the requirements for paramedic licensure.
In the event that any applicant who has been found
eligible for appointment and whose name has been placed upon
the final eligibility register provided for in this Section
has not been appointed to a firefighter position within one
year after the date of his or her physical ability
examination, the commission may cause a second examination to
be made of that applicant's physical ability prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant shall be found to be less
than the minimum standard fixed by the rules of the
commission, the applicant shall not be appointed. The
applicant's name may be retained upon the register of
candidates eligible for appointment and when next reached for

certification and appointment that applicant may be again
examined as provided in this Section, and if the physical
ability of that applicant is found to be less than the minimum
standard fixed by the rules of the commission, the applicant
shall not be appointed, and the name of the applicant shall be
removed from the register.
(d) Notice, examination, and testing components. Notice of
the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the commission, by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the district, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the district, or (ii) on the fire
protection district's Internet website. Additional notice of
the examination may be given as the commission shall
prescribe.
The examination and qualifying standards for employment of
firefighters shall be based on: mental aptitude, physical
ability, preferences, moral character, and health. The mental
aptitude, physical ability, and preference components shall
determine an applicant's qualification for and placement on
the final register of eligibles. The examination may also
include a subjective component based on merit criteria as
determined by the commission. Scores from the examination must
be made available to the public.

(e) Mental aptitude. No person who does not possess at
least a high school diploma or an equivalent high school
education shall be placed on a register of eligibles.
Examination of an applicant's mental aptitude shall be based
upon a written examination. The examination shall be practical
in character and relate to those matters that fairly test the
capacity of the persons examined to discharge the duties
performed by members of a fire department. Written
examinations shall be administered in a manner that ensures
the security and accuracy of the scores achieved.
(f) Physical ability. All candidates shall be required to
undergo an examination of their physical ability to perform
the essential functions included in the duties they may be
called upon to perform as a member of a fire department. For
the purposes of this Section, essential functions of the job
are functions associated with duties that a firefighter may be
called upon to perform in response to emergency calls. The
frequency of the occurrence of those duties as part of the fire
department's regular routine shall not be a controlling factor
in the design of examination criteria or evolutions selected
for testing. These physical examinations shall be open,
competitive, and based on industry standards designed to test
each applicant's physical abilities in the following
dimensions:
(1) Muscular strength to perform tasks and evolutions
that may be required in the performance of duties

including grip strength, leg strength, and arm strength.
Tests shall be conducted under anaerobic as well as
aerobic conditions to test both the candidate's speed and
endurance in performing tasks and evolutions. Tasks tested
may be based on standards developed, or approved, by the
local appointing authority.
(2) The ability to climb ladders, operate from
heights, walk or crawl in the dark along narrow and uneven
surfaces, and operate in proximity to hazardous
environments.
(3) The ability to carry out critical, time-sensitive,
and complex problem solving during physical exertion in
stressful and hazardous environments. The testing
environment may be hot and dark with tightly enclosed
spaces, flashing lights, sirens, and other distractions.
The tests utilized to measure each applicant's
capabilities in each of these dimensions may be tests based on
industry standards currently in use or equivalent tests
approved by the Joint Labor-Management Committee of the Office
of the State Fire Marshal.
Physical ability examinations administered under this
Section shall be conducted with a reasonable number of
proctors and monitors, open to the public, and subject to
reasonable regulations of the commission.
(g) Scoring of examination components. Appointing
authorities may create a preliminary eligibility register. A

person shall be placed on the list based upon his or her
passage of the written examination or the passage of the
written examination and the physical ability component.
Passage of the written examination means attaining the minimum
score set by the commission. Minimum scores should be set by
the appointing authorities so as to demonstrate a candidate's
ability to perform the essential functions of the job. The
minimum score set by the commission shall be supported by
appropriate validation evidence and shall comply with all
applicable State and federal laws. The appointing authority
may conduct the physical ability component and any subjective
components subsequent to the posting of the preliminary
eligibility register.
The examination components for an initial eligibility
register shall be graded on a 100-point scale. A person's
position on the list shall be determined by the following: (i)
the person's score on the written examination, (ii) the person
successfully passing the physical ability component, and (iii)
the person's results on any subjective component as described
in subsection (d).
In order to qualify for placement on the final eligibility
register, an applicant's score on the written examination,
before any applicable preference points or subjective points
are applied, shall be at or above the minimum score set by the
commission. The local appointing authority may prescribe the
score to qualify for placement on the final eligibility

register, but the score shall not be less than the minimum
score set by the commission.
The commission shall prepare and keep a register of
persons whose total score is not less than the minimum score
for passage and who have passed the physical ability
examination. These persons shall take rank upon the register
as candidates in the order of their relative excellence based
on the highest to the lowest total points scored on the mental
aptitude, subjective component, and preference components of
the test administered in accordance with this Section. No more
than 60 days after each examination, an initial eligibility
list shall be posted by the commission. The list shall include
the final grades of the candidates without reference to
priority of the time of examination and subject to claim for
preference credit.
Commissions may conduct additional examinations, including
without limitation a polygraph test, after a final eligibility
register is established and before it expires with the
candidates ranked by total score without regard to date of
examination. No more than 60 days after each examination, an
initial eligibility list shall be posted by the commission
showing the final grades of the candidates without reference
to priority of time of examination and subject to claim for
preference credit.
(h) Preferences. The following are preferences:
(1) Veteran preference. Persons who were engaged in

the military service of the United States for a period of
at least one year of active duty and who were honorably
discharged therefrom, or who are now or have been members
on inactive or reserve duty in such military or naval
service, shall be preferred for appointment to and
employment with the fire department of an affected
department.
(2) Fire cadet preference. Persons who have
successfully completed 2 years of study in fire techniques
or cadet training within a cadet program established under
the rules of the Joint Labor and Management Committee
(JLMC), as defined in Section 50 of the Fire Department
Promotion Act, may be preferred for appointment to and
employment with the fire department.
(3) Educational preference. Persons who have
successfully obtained an associate's degree in the field
of fire service or emergency medical services, or a
bachelor's degree from an accredited college or university
may be preferred for appointment to and employment with
the fire department.
(4) Paramedic preference. Persons who have obtained a
license as a paramedic may be preferred for appointment to
and employment with the fire department of an affected
department providing emergency medical services.
(5) Experience preference. All persons employed by a
district who have been paid-on-call or part-time certified

Firefighter II, certified Firefighter III, State of
Illinois or nationally licensed EMT, EMT-I, A-EMT, or
paramedic, or any combination of those capacities may be
awarded up to a maximum of 5 points. However, the
applicant may not be awarded more than 0.5 points for each
complete year of paid-on-call or part-time service.
Applicants from outside the district who were employed as
full-time firefighters or firefighter-paramedics by a fire
protection district or municipality for at least 2 years
may be awarded up to 5 experience preference points.
However, the applicant may not be awarded more than one
point for each complete year of full-time service.
Upon request by the commission, the governing body of
the district or in the case of applicants from outside the
district the governing body of any other fire protection
district or any municipality shall certify to the
commission, within 10 days after the request, the number
of years of successful paid-on-call, part-time, or
full-time service of any person. A candidate may not
receive the full amount of preference points under this
subsection if the amount of points awarded would place the
candidate before a veteran on the eligibility list. If
more than one candidate receiving experience preference
points is prevented from receiving all of their points due
to not being allowed to pass a veteran, the candidates
shall be placed on the list below the veteran in rank order

based on the totals received if all points under this
subsection were to be awarded. Any remaining ties on the
list shall be determined by lot.
(6) Residency preference. Applicants whose principal
residence is located within the fire department's
jurisdiction may be preferred for appointment to and
employment with the fire department.
(7) Additional preferences. Up to 5 additional
preference points may be awarded for unique categories
based on an applicant's experience or background as
identified by the commission.
(7.5) Apprentice preferences. A person who has
performed fire suppression service for a department as a
firefighter apprentice and otherwise meets the
qualifications for original appointment as a firefighter
specified in this Section is eligible to be awarded up to
20 preference points. To qualify for preference points, an
applicant shall have completed a minimum of 600 hours of
fire suppression work on a regular shift for the affected
fire department over a 12-month period. The fire
suppression work must be in accordance with Section 16.06
of this Act and the terms established by a Joint
Apprenticeship Committee included in a collective
bargaining agreement agreed between the employer and its
certified bargaining agent. An eligible applicant must
apply to the Joint Apprenticeship Committee for preference

points under this item. The Joint Apprenticeship Committee
shall evaluate the merit of the applicant's performance,
determine the preference points to be awarded, and certify
the amount of points awarded to the commissioners. The
commissioners may add the certified preference points to
the final grades achieved by the applicant on the other
components of the examination.
(8) Scoring of preferences. The commission shall give
preference for original appointment to persons designated
in item (1) by adding to the final grade that they receive
5 points for the recognized preference achieved. The
commission may give preference for original appointment to
persons designated in item (7.5) by adding to the final
grade the amount of points designated by the Joint
Apprenticeship Committee as defined in item (7.5). The
commission shall determine the number of preference points
for each category, except (1) and (7.5). The number of
preference points for each category shall range from 0 to
5, except item (7.5). In determining the number of
preference points, the commission shall prescribe that if
a candidate earns the maximum number of preference points
in all categories except item (7.5), that number may not
be less than 10 nor more than 30. The commission shall give
preference for original appointment to persons designated
in items (2) through (7) by adding the requisite number of
points to the final grade for each recognized preference

achieved. The numerical result thus attained shall be
applied by the commission in determining the final
eligibility list and appointment from the eligibility
list. The local appointing authority may prescribe the
total number of preference points awarded under this
Section, but the total number of preference points, except
item (7.5), shall not be less than 10 points or more than
30 points. Apprentice preference points may be added in
addition to other preference points awarded by the
commission.
No person entitled to any preference shall be required to
claim the credit before any examination held under the
provisions of this Section, but the preference shall be given
after the posting or publication of the initial eligibility
list or register at the request of a person entitled to a
credit before any certification or appointments are made from
the eligibility register, upon the furnishing of verifiable
evidence and proof of qualifying preference credit. Candidates
who are eligible for preference credit shall make a claim in
writing within 10 days after the posting of the initial
eligibility list, or the claim shall be deemed waived. Final
eligibility registers shall be established after the awarding
of verified preference points. However, apprentice preference
credit earned subsequent to the establishment of the final
eligibility register may be applied to the applicant's score
upon certification by the Joint Apprenticeship Committee to

the commission and the rank order of candidates on the final
eligibility register shall be adjusted accordingly. All
employment shall be subject to the commission's initial hire
background review, including, but not limited to, criminal
history, employment history, moral character, oral
examination, and medical and psychological examinations, all
on a pass-fail basis. The medical and psychological
examinations must be conducted last, and may only be performed
after a conditional offer of employment has been extended.
Any person placed on an eligibility list who exceeds the
age requirement before being appointed to a fire department
shall remain eligible for appointment until the list is
abolished, or his or her name has been on the list for a period
of 2 years. No person who has attained the age of 35 years
shall be inducted into a fire department, except as otherwise
provided in this Section.
The commission shall strike off the names of candidates
for original appointment after the names have been on the list
for more than 2 years.
(i) Moral character. No person shall be appointed to a
fire department unless he or she is a person of good character;
not a habitual drunkard, a gambler, or a person who has been
convicted of a felony or a crime involving moral turpitude.
However, no person shall be disqualified from appointment to
the fire department because of the person's record of
misdemeanor convictions except those under Sections 11-6,

11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs
(1), (6), and (8) of subsection (a) subsections 1, 6, and 8 of
Section 24-1 of the Criminal Code of 1961 or the Criminal Code
of 2012, or arrest for any cause without conviction thereon.
Any such person who is in the department may be removed on
charges brought for violating this subsection and after a
trial as hereinafter provided.
A classifiable set of the fingerprints of every person who
is offered employment as a certificated member of an affected
fire department whether with or without compensation, shall be
furnished to the Illinois State Police and to the Federal
Bureau of Investigation by the commission.
Whenever a commission is authorized or required by law to
consider some aspect of criminal history record information
for the purpose of carrying out its statutory powers and
responsibilities, then, upon request and payment of fees in
conformance with the requirements of Section 2605-400 of the
Illinois State Police Law of the Civil Administrative Code of
Illinois, the Illinois State Police is authorized to furnish,
pursuant to positive identification, the information contained
in State files as is necessary to fulfill the request.
(j) Temporary appointments. In order to prevent a stoppage
of public business, to meet extraordinary exigencies, or to
prevent material impairment of the fire department, the

commission may make temporary appointments, to remain in force
only until regular appointments are made under the provisions
of this Section, but never to exceed 60 days. No temporary
appointment of any one person shall be made more than twice in
any calendar year.
(k) A person who knowingly divulges or receives test
questions or answers before a written examination, or
otherwise knowingly violates or subverts any requirement of
this Section, commits a violation of this Section and may be
subject to charges for official misconduct.
A person who is the knowing recipient of test information
in advance of the examination shall be disqualified from the
examination or discharged from the position to which he or she
was appointed, as applicable, and otherwise subjected to
disciplinary actions.
(Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21;
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; revised
11-23-21.)
Section 310. The School Code is amended by changing
Sections 2-3.25o, 2-3.80, 10-17a, 10-21.9, 10-22.3f, 10-22.6,
10-22.39, 10-27.1A, 14-8.02, 18-8.15, 21A-25.5, 22-30, 24-2,
26-1, 26-2a, 26-13, 27-23.7, 27A-5, 29-5, 34-2.1, 34-4.5,
34-18.5, 34-18.8, and 34-21.9, by setting forth, renumbering,
and changing multiple versions of Sections 2-3.182, 10-20.73,
10-20.75, 14-17, and 22-90, and by setting forth and

renumbering Sections 27-23.15 and 34-18.67 as follows:
(105 ILCS 5/2-3.25o)
Sec. 2-3.25o. Registration and recognition of non-public
elementary and secondary schools.
(a) Findings. The General Assembly finds and declares (i)
that the Constitution of the State of Illinois provides that a
"fundamental goal of the People of the State is the
educational development of all persons to the limits of their
capacities" and (ii) that the educational development of every
school student serves the public purposes of the State. In
order to ensure that all Illinois students and teachers have
the opportunity to enroll and work in State-approved
educational institutions and programs, the State Board of
Education shall provide for the voluntary registration and
recognition of non-public elementary and secondary schools.
(b) Registration. All non-public elementary and secondary
schools in the State of Illinois may voluntarily register with
the State Board of Education on an annual basis. Registration
shall be completed in conformance with procedures prescribed
by the State Board of Education. Information required for
registration shall include assurances of compliance (i) with
federal and State laws regarding health examination and
immunization, attendance, length of term, and
nondiscrimination, including assurances that the school will
not prohibit hairstyles historically associated with race,

ethnicity, or hair texture, including, but not limited to,
protective hairstyles such as braids, locks, and twists, and
(ii) with applicable fire and health safety requirements.
(c) Recognition. All non-public elementary and secondary
schools in the State of Illinois may voluntarily seek the
status of "Non-public School Recognition" from the State Board
of Education. This status may be obtained by compliance with
administrative guidelines and review procedures as prescribed
by the State Board of Education. The guidelines and procedures
must recognize that some of the aims and the financial bases of
non-public schools are different from public schools and will
not be identical to those for public schools, nor will they be
more burdensome. The guidelines and procedures must also
recognize the diversity of non-public schools and shall not
impinge upon the noneducational relationships between those
schools and their clientele.
(c-5) Prohibition against recognition. A non-public
elementary or secondary school may not obtain "Non-public
School Recognition" status unless the school requires all
certified and non-certified applicants for employment with the
school, after July 1, 2007, to authorize a fingerprint-based
criminal history records check as a condition of employment to
determine if such applicants have been convicted of any of the
enumerated criminal or drug offenses set forth in Section
21B-80 of this Code or have been convicted, within 7 years of
the application for employment, of any other felony under the

laws of this State or of any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school, except that if the applicant is a
substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time
employment positions with more than one non-public school (as
a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school, then only one of the non-public schools employing the
individual shall request the authorization. Upon receipt of
this authorization, the non-public school shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police.
The Illinois State Police and Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereafter, until expunged, to the president or
principal of the non-public school that requested the check.
The Illinois State Police shall charge that school a fee for
conducting such check, which fee must be deposited into the

State Police Services Fund and must not exceed the cost of the
inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse non-public
schools for fees paid to obtain criminal history records
checks under this Section.
A non-public school may not obtain recognition status
unless the school also performs a check of the Statewide Sex
Offender Database, as authorized by the Sex Offender Community
Notification Law, for each applicant for employment, after
July 1, 2007, to determine whether the applicant has been
adjudicated a sex offender.
Any information concerning the record of convictions
obtained by a non-public school's president or principal under
this Section is confidential and may be disseminated only to
the governing body of the non-public school or any other
person necessary to the decision of hiring the applicant for
employment. A copy of the record of convictions obtained from
the Illinois State Police shall be provided to the applicant
for employment. Upon a check of the Statewide Sex Offender
Database, the non-public school shall notify the applicant as
to whether or not the applicant has been identified in the Sex
Offender Database as a sex offender. Any information
concerning the records of conviction obtained by the
non-public school's president or principal under this Section
for a substitute teacher seeking employment in more than one
non-public school, a teacher seeking concurrent part-time

employment positions with more than one non-public school (as
a reading specialist, special education teacher, or
otherwise), or an educational support personnel employee
seeking employment positions with more than one non-public
school may be shared with another non-public school's
principal or president to which the applicant seeks
employment. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
No non-public school may obtain recognition status that
knowingly employs a person, hired after July 1, 2007, for whom
an Illinois State Police and Federal Bureau of Investigation
fingerprint-based criminal history records check and a
Statewide Sex Offender Database check has not been initiated
or who has been convicted of any offense enumerated in Section
21B-80 of this Code or any offense committed or attempted in
any other state or against the laws of the United States that,
if committed or attempted in this State, would have been
punishable as one or more of those offenses. No non-public
school may obtain recognition status under this Section that
knowingly employs a person who has been found to be the
perpetrator of sexual or physical abuse of a minor under 18
years of age pursuant to proceedings under Article II of the
Juvenile Court Act of 1987.
In order to obtain recognition status under this Section,
a non-public school must require compliance with the

provisions of this subsection (c-5) from all employees of
persons or firms holding contracts with the school, including,
but not limited to, food service workers, school bus drivers,
and other transportation employees, who have direct, daily
contact with pupils. Any information concerning the records of
conviction or identification as a sex offender of any such
employee obtained by the non-public school principal or
president must be promptly reported to the school's governing
body.
Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in any non-public elementary
or secondary school that has obtained or seeks to obtain
recognition status under this Section, a student teacher is
required to authorize a fingerprint-based criminal history
records check. Authorization for and payment of the costs of
the check must be furnished by the student teacher to the chief
administrative officer of the non-public school where the
student teaching is to be completed. Upon receipt of this
authorization and payment, the chief administrative officer of
the non-public school shall submit the student teacher's name,
sex, race, date of birth, social security number, fingerprint
images, and other identifiers, as prescribed by the Illinois
State Police, to the Illinois State Police. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records

check, records of convictions, forever and hereinafter, until
expunged, to the chief administrative officer of the
non-public school that requested the check. The Illinois State
Police shall charge the school a fee for conducting the check,
which fee must be passed on to the student teacher, must not
exceed the cost of the inquiry, and must be deposited into the
State Police Services Fund. The school shall further perform a
check of the Statewide Sex Offender Database, as authorized by
the Sex Offender Community Notification Law, and of the
Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school that has obtained or seeks to obtain recognition status
under this Section may knowingly allow a person to student
teach for whom a criminal history records check, a Statewide
Sex Offender Database check, and a Statewide Murderer and
Violent Offender Against Youth Database check have not been
completed and reviewed by the chief administrative officer of
the non-public school.
A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the chief administrative officer of the non-public school
is confidential and may be transmitted only to the chief
administrative officer of the non-public school or his or her
designee, the State Superintendent of Education, the State

Educator Preparation and Licensure Board, or, for
clarification purposes, the Illinois State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
No school that has obtained or seeks to obtain recognition
status under this Section may knowingly allow a person to
student teach who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code or who has been found
to be the perpetrator of sexual or physical abuse of a minor
under 18 years of age pursuant to proceedings under Article II
of the Juvenile Court Act of 1987.
Any school that has obtained or seeks to obtain
recognition status under this Section may not prohibit
hairstyles historically associated with race, ethnicity, or
hair texture, including, but not limited to, protective
hairstyles such as braids, locks, and twists.
(d) Public purposes. The provisions of this Section are in
the public interest, for the public benefit, and serve secular
public purposes.
(e) Definition. For purposes of this Section, a non-public
school means any non-profit, non-home-based, and non-public
elementary or secondary school that is in compliance with
Title VI of the Civil Rights Act of 1964 and attendance at

which satisfies the requirements of Section 26-1 of this Code.
(Source: P.A. 102-360, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-4-21.)
(105 ILCS 5/2-3.80) (from Ch. 122, par. 2-3.80)
Sec. 2-3.80. (a) The General Assembly recognizes that
agriculture is the most basic and singularly important
industry in the State, that agriculture is of central
importance to the welfare and economic stability of the State,
and that the maintenance of this vital industry requires a
continued source of trained and qualified individuals for
employment in agriculture and agribusiness. The General
Assembly hereby declares that it is in the best interests of
the people of the State of Illinois that a comprehensive
education program in agriculture be created and maintained by
the State's public school system in order to ensure an
adequate supply of trained and skilled individuals and to
ensure appropriate representation of racial and ethnic groups
in all phases of the industry. It is the intent of the General
Assembly that a State program for agricultural education shall
be a part of the curriculum of the public school system K
through adult, and made readily available to all school
districts which may, at their option, include programs in
education in agriculture as a part of the curriculum of that
district.
(b) The State Board of Education shall adopt such rules

and regulations as are necessary to implement the provisions
of this Section. The rules and regulations shall not create
any new State mandates on school districts as a condition of
receiving federal, State, and local funds by those entities.
It is in the intent of the General Assembly that, although this
Section does not create any new mandates, school districts are
strongly advised to follow the guidelines set forth in this
Section.
(c) The State Superintendent of Education shall assume
responsibility for the administration of the State program
adopted under this Section throughout the public school system
as well as the articulation of the State program to the
requirements and mandates of federally assisted education.
There is currently within the State Board of Education an
agricultural education unit to assist school districts in the
establishment and maintenance of educational programs pursuant
to the provisions of this Section. The staffing of the unit
shall at all times be comprised of an appropriate number of
full-time employees who shall serve as program consultants in
agricultural education and shall be available to provide
assistance to school districts. At least one consultant shall
be responsible for the coordination of the State program, as
Head Consultant. At least one consultant shall be responsible
for the coordination of the activities of student and
agricultural organizations and associations.
(d) A committee of 13 agriculturalists representative of

the various and diverse areas of the agricultural industry in
Illinois shall be established to at least develop a curriculum
and overview the implementation of the Build Illinois through
Quality Agricultural Education plans of the Illinois
Leadership Council for Agricultural Education and to advise
the State Board of Education on vocational agricultural
education, including the administration of the agricultural
education line item appropriation and agency rulemaking that
affects agricultural education educators. The committee shall
be composed of the following:
(1) 3 6 agriculturalists representing the Illinois
Leadership Council for Agricultural Education;
(2) 3 agriculturalists;
(3) 2 secondary agriculture teachers;
(4) one representative of "Ag In The Classroom";
(5) one community college agriculture teacher;
(6) one adult agriculture educator;
(7) one university agriculture teacher educator; and
(8) one FFA representative.
All members of the committee shall be appointed by the
Governor by and with the advice and consent of the Senate. The
terms of all members so appointed shall be for 3 years, except
that of the members initially appointed, 5 shall be appointed
to serve for terms of one year, 4 shall be appointed to serve
for terms of 2 years, and 4 shall be appointed to serve for
terms of 3 years. All members of the committee shall serve

until their successors are appointed and qualified. Subject to
a requirement that committee members in office before January
1, 2022 (the effective date of Public Act 102-463) this
amendatory Act of 102nd General Assembly may serve the full
term to which they were appointed, the appointment of
committee members to terms that commence on or after January
1, 2022 (the effective date of Public Act 102-463) this
amendatory Act of the 102nd General Assembly shall be made in a
manner that gives effect at the earliest possible time to the
changes that are required by Public Act 102-463 this
amendatory Act of the 102nd General Assembly in the
representative composition of the committee's membership.
Vacancies in terms shall be filled by appointment of the
Governor with the advice and consent of the Senate for the
extent of the unexpired term.
The State Board of Education shall implement a Build
Illinois through Quality Agricultural Education plan following
receipt of these recommendations, which shall be made
available on or before March 31, 1987. Recommendations shall
include, but not be limited to, the development of a
curriculum and a strategy for the purpose of establishing a
source of trained and qualified individuals in agriculture, a
strategy for articulating the State program in agricultural
education throughout the public school system, and a consumer
education outreach strategy regarding the importance of
agriculture in Illinois.

The committee of agriculturalists shall serve without
compensation.
(e) A school district that offers a secondary agricultural
education program that is approved for State and federal
funding must ensure that, at a minimum, all of the following
are available to its secondary agricultural education
students:
(1) An instructional sequence of courses approved by
the State Board of Education.
(2) A State and nationally affiliated FFA (Future
Farmers of America) chapter that is integral to
instruction and is not treated solely as an
extracurricular activity.
(3) A mechanism for ensuring the involvement of all
secondary agricultural education students in formal,
supervised, agricultural-experience activities and
programs.
(f) Nothing in this Section may prevent those secondary
agricultural education programs that are in operation before
January 1, 2007 (the effective date of Public Act 94-855) and
that do not have an active State and nationally affiliated FFA
chapter from continuing to operate or from continuing to
receive funding from the State Board of Education.
(Source: P.A. 102-463, eff. 1-1-22; 102-558, eff. 8-20-21;
revised 10-5-21.)

(105 ILCS 5/2-3.182)
Sec. 2-3.182. Annual census of personnel holding school
support personnel endorsements.
(a) In this Section:
"School support personnel endorsement" means an
endorsement affixed to a Professional Educator License as
referenced in subparagraph (G) of paragraph (2) of Section
21B-25 of this Code.
"Special education joint agreement" means an entity formed
pursuant to Section 10-22.31 of this Code.
(b) No later than December 1, 2023 and each December 1st
annually thereafter, the State Board of Education must make
available on its website the following information for each
school district as of October 1st of each year beginning in
2022:
(1) The total number of personnel with a school
support personnel endorsement and, for each endorsement
area:
(A) those actively employed on a full-time basis
by the school district;
(B) those actively employed on a part-time basis
by the school district; and
(C) those actively employed by a special education
joint agreement providing services to students in the
school district.
(2) The total number of students enrolled in the

school district and, of that total, the number of students
with an individualized education program or a plan
pursuant to Section 504 of the federal Rehabilitation Act
of 1973.
(Source: P.A. 102-302, eff. 1-1-22.)
(105 ILCS 5/2-3.189)
Sec. 2-3.189 2-3.182. School unused food sharing plan.
School districts shall incorporate a food sharing plan for
unused food into their local wellness policy under Section
2-3.139. The food sharing plan shall focus on needy students,
with the plan being developed and supported jointly by the
district's local health department. Participants in the child
nutrition programs, the National School Lunch Program and
National School Breakfast Program, the Child and Adult Care
Food Program (CACFP), and the Summer Food Service Program
(SFSP) shall adhere to the provisions of the Richard B.
Russell National School Lunch Act, as well as accompanying
guidance from the U.S. Department of Agriculture on the Food
Donation Program, to ensure that any leftover food items are
properly donated in order to combat potential food insecurity
in their communities. For the purpose of this Section,
"properly" means in accordance with all federal regulations
and State and local health and sanitation codes.
(Source: P.A. 102-359, eff. 8-13-21; revised 11-9-21.)

(105 ILCS 5/2-3.190)
Sec. 2-3.190 2-3.182. Anaphylactic policy for school
districts.
(a) The State Board of Education, in consultation with the
Department of Public Health, shall establish an anaphylactic
policy for school districts setting forth guidelines and
procedures to be followed both for the prevention of
anaphylaxis and during a medical emergency resulting from
anaphylaxis. The policy shall be developed after consultation
with the advisory committee established pursuant to Section 5
of the Critical Health Problems and Comprehensive Health
Education Act. In establishing the policy required under this
Section, the State Board shall consider existing requirements
and current and best practices for schools regarding allergies
and anaphylaxis. The State Board must also consider the
voluntary guidelines for managing food allergies in schools
issued by the United States Department of Health and Human
Services.
(b) The anaphylactic policy established under subsection
(a) shall include the following:
(1) A procedure and treatment plan, including
emergency protocols and responsibilities for school nurses
and other appropriate school personnel, for responding to
anaphylaxis.
(2) Requirements for a training course for appropriate
school personnel on preventing and responding to

anaphylaxis.
(3) A procedure and appropriate guidelines for the
development of an individualized emergency health care
plan for children with a food or other allergy that could
result in anaphylaxis.
(4) A communication plan for intake and dissemination
of information provided by this State regarding children
with a food or other allergy that could result in
anaphylaxis, including a discussion of methods,
treatments, and therapies to reduce the risk of allergic
reactions, including anaphylaxis.
(5) Strategies for reducing the risk of exposure to
anaphylactic causative agents, including food and other
allergens.
(6) A communication plan for discussion with children
who have developed adequate verbal communication and
comprehension skills and with the parents or guardians of
all children about foods that are safe and unsafe and
about strategies to avoid exposure to unsafe food.
(c) At least once each calendar year, each school district
shall send a notification to the parents or guardians of all
children under the care of a school to make them aware of the
anaphylactic policy. The notification shall include contact
information for parents and guardians to engage further with
the school to learn more about individualized aspects of the
policy.

(d) At least 6 months after August 20, 2021 (the effective
date of Public Act 102-413) this amendatory Act of the 102nd
General Assembly, the anaphylactic policy established under
subsection (a) shall be forwarded by the State Board to the
school board of each school district in this State. Each
school district shall implement or update, as appropriate, its
anaphylactic policy in accordance with those developed by the
State Board within 6 months after receiving the anaphylactic
policy from the State Board.
(e) The anaphylactic policy established under subsection
(a) shall be reviewed and updated, if necessary, at least once
every 3 years.
(f) The State Board shall post the anaphylactic policy
established under subsection (a) and resources regarding
allergies and anaphylaxis on its website.
(g) The State Board may adopt any rules necessary to
implement this Section.
(Source: P.A. 102-413, eff. 8-20-21; revised 11-9-21.)
(105 ILCS 5/2-3.191)
Sec. 2-3.191 2-3.182. State Education Equity Committee.
(a) The General Assembly finds that this State has an
urgent and collective responsibility to achieve educational
equity by ensuring that all policies, programs, and practices
affirm the strengths that each and every child brings with
diverse backgrounds and life experiences and by delivering the

comprehensive support, programs, and educational opportunities
children need to succeed.
(b) The State Education Equity Committee is created within
the State Board of Education to strive toward ensuring equity
in education for all children from birth through grade 12.
(c) The Committee shall consist of the State
Superintendent of Education or the State Superintendent's
designee, who shall serve as chairperson, and one member from
each of the following organizations appointed by the State
Superintendent:
(1) At least 2 educators who each represent a
different statewide professional teachers' organization.
(2) A professional teachers' organization located in a
city having a population exceeding 500,000.
(3) A statewide association representing school
administrators.
(4) A statewide association representing regional
superintendents of schools.
(5) A statewide association representing school board
members.
(6) A statewide association representing school
principals.
(7) A school district serving a community with a
population of 500,000 or more.
(8) A parent-led organization.
(9) A student-led organization.

(10) One community organization that works to foster
safe and healthy environments through advocacy for
immigrant families and ensuring equitable opportunities
for educational advancement and economic development.
(11) An organization that works for economic,
educational, and social progress for African Americans and
promotes strong sustainable communities through advocacy,
collaboration, and innovation.
(12) One statewide organization whose focus is to
narrow or close the achievement gap between students of
color and their peers.
(13) An organization that advocates for healthier
school environments in this State.
(14) One statewide organization that advocates for
partnerships among schools, families, and the community,
provides access to support, and removes barriers to
learning and development, using schools as hubs.
(15) One organization that advocates for the health
and safety of Illinois youth and families by providing
capacity building services.
(16) An organization dedicated to advocating for
public policies to prevent homelessness.
(17) Other appropriate State agencies as determined by
the State Superintendent.
Members appointed to the Committee must reflect, as much
as possible, the racial, ethnic, and geographic diversity of

this State.
(d) Members appointed by the State Superintendent shall
serve without compensation, but may be reimbursed for
reasonable and necessary expenses, including travel, from
funds appropriated to the State Board of Education for that
purpose, subject to the rules of the appropriate travel
control board.
(e) The Committee shall meet at the call of the
chairperson, but shall meet no less than 3 times a year.
(f) The Committee shall recognize that, while progress has
been made, much remains to be done to address systemic
inequities and ensure each and every child is equipped to
reach the child's fullest potential and shall:
(1) guide its work through the principles of equity,
equality, collaboration, and community;
(2) focus its work around the overarching goals of
student learning, learning conditions, and elevating
educators, all underpinned by equity;
(3) identify evidence-based practices or policies
around these goals to build on this State's progress of
ensuring educational equity for all its students in all
aspects of birth through grade 12 education; and
(4) seek input and feedback on identified
evidence-based practices or policies from stakeholders,
including, but not limited to, parents, students, and
educators that reflect the rich diversity of Illinois

students.
(g) The Committee shall submit its recommendations to the
General Assembly and the State Board of Education no later
than January 31, 2022. By no later than December 15, 2023 and
each year thereafter, the Committee shall report to the
General Assembly and the State Board of Education about the
additional progress that has been made to achieve educational
equity.
(Source: P.A. 102-458, eff. 8-20-21; revised 1-15-22.)
(105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a)
(Text of Section before amendment by P.A. 102-594)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical economic means provide to
each school district in this State, including special charter
districts and districts subject to the provisions of Article
34, the report cards for the school district and each of its
schools. Because of the impacts of the COVID-19 public health
emergency during school year 2020-2021, the State Board of
Education shall have until December 31, 2021 to prepare and
provide the report cards that would otherwise be due by

October 31, 2021. During a school year in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act, the report cards for the school districts and each
of its schools shall be prepared by December 31.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners, the number of
students who graduate from a bilingual or English learner
program, and the number of students who graduate from,
transfer from, or otherwise leave bilingual programs; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the number and percentage of all students who
have been assessed for placement in a gifted education or
advanced academic program and, of those students: (i) the
racial and ethnic breakdown, (ii) the percentage who are
classified as low-income, and (iii) the number and

percentage of students who received direct instruction
from a teacher who holds a gifted education endorsement
and, of those students, the percentage who are classified
as low-income; the percentage of students scoring at the
"exceeds expectations" level on the assessments required
under Section 2-3.64a-5 of this Code; the percentage of
students who annually transferred in or out of the school
district; average daily attendance; the per-pupil
operating expenditure of the school district; and the
per-pupil State average operating expenditure for the
district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, computer science
courses, school personnel resources (including Career
Technical Education teachers), before and after school
programs, extracurricular activities, subjects in which
elective classes are offered, health and wellness
initiatives (including the average number of days of
Physical Education per week per student), approved
programs of study, awards received, community
partnerships, and special programs such as programming for
the gifted and talented, students with disabilities, and
work-study students;
(C) student outcomes, including, where applicable, the

percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of
students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, high school dropout rate by grade level, the
percentage of students with less than 10 absences in a
school year, the percentage of teachers with less than 10
absences in a school year for reasons other than

professional development, leaves taken pursuant to the
federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, 2 or more indicators from any school climate
survey selected or approved by the State and administered
pursuant to Section 2-3.153 of this Code, with the same or
similar indicators included on school report cards for all
surveys selected or approved by the State pursuant to
Section 2-3.153 of this Code, the combined percentage of
teachers rated as proficient or excellent in their most
recent evaluation, and, beginning with the 2022-2023
school year, data on the number of incidents of violence
that occurred on school grounds or during school-related
activities and that resulted in an out-of-school
suspension, expulsion, or removal to an alternative
setting, as reported pursuant to Section 2-3.162;
(F) a school district's and its individual schools'
balanced accountability measure, in accordance with

Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs;
(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois

Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12; and
(N) whether the school offered its students career and
technical education opportunities.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide
appropriate challenge and pace.
"Computer science" means the study of computers and

algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as
keyboarding or accessing the Internet.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in
subsection (2) of this Section, of students who have
individualized education programs and students who have 504

plans that provide for special education services within the
school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of
the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a

printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; revised
10-18-21.)
(Text of Section after amendment by P.A. 102-594)
Sec. 10-17a. State, school district, and school report
cards.
(1) By October 31, 2013 and October 31 of each subsequent
school year, the State Board of Education, through the State
Superintendent of Education, shall prepare a State report
card, school district report cards, and school report cards,
and shall by the most economical economic means provide to
each school district in this State, including special charter
districts and districts subject to the provisions of Article
34, the report cards for the school district and each of its
schools. Because of the impacts of the COVID-19 public health
emergency during school year 2020-2021, the State Board of
Education shall have until December 31, 2021 to prepare and
provide the report cards that would otherwise be due by

October 31, 2021. During a school year in which the Governor
has declared a disaster due to a public health emergency
pursuant to Section 7 of the Illinois Emergency Management
Agency Act, the report cards for the school districts and each
of its schools shall be prepared by December 31.
(2) In addition to any information required by federal
law, the State Superintendent shall determine the indicators
and presentation of the school report card, which must
include, at a minimum, the most current data collected and
maintained by the State Board of Education related to the
following:
(A) school characteristics and student demographics,
including average class size, average teaching experience,
student racial/ethnic breakdown, and the percentage of
students classified as low-income; the percentage of
students classified as English learners, the number of
students who graduate from a bilingual or English learner
program, and the number of students who graduate from,
transfer from, or otherwise leave bilingual programs; the
percentage of students who have individualized education
plans or 504 plans that provide for special education
services; the number and percentage of all students who
have been assessed for placement in a gifted education or
advanced academic program and, of those students: (i) the
racial and ethnic breakdown, (ii) the percentage who are
classified as low-income, and (iii) the number and

percentage of students who received direct instruction
from a teacher who holds a gifted education endorsement
and, of those students, the percentage who are classified
as low-income; the percentage of students scoring at the
"exceeds expectations" level on the assessments required
under Section 2-3.64a-5 of this Code; the percentage of
students who annually transferred in or out of the school
district; average daily attendance; the per-pupil
operating expenditure of the school district; and the
per-pupil State average operating expenditure for the
district type (elementary, high school, or unit);
(B) curriculum information, including, where
applicable, Advanced Placement, International
Baccalaureate or equivalent courses, dual enrollment
courses, foreign language classes, computer science
courses, school personnel resources (including Career
Technical Education teachers), before and after school
programs, extracurricular activities, subjects in which
elective classes are offered, health and wellness
initiatives (including the average number of days of
Physical Education per week per student), approved
programs of study, awards received, community
partnerships, and special programs such as programming for
the gifted and talented, students with disabilities, and
work-study students;
(C) student outcomes, including, where applicable, the

percentage of students deemed proficient on assessments of
State standards, the percentage of students in the eighth
grade who pass Algebra, the percentage of students who
participated in workplace learning experiences, the
percentage of students enrolled in post-secondary
institutions (including colleges, universities, community
colleges, trade/vocational schools, and training programs
leading to career certification within 2 semesters of high
school graduation), the percentage of students graduating
from high school who are college and career ready, and the
percentage of graduates enrolled in community colleges,
colleges, and universities who are in one or more courses
that the community college, college, or university
identifies as a developmental course;
(D) student progress, including, where applicable, the
percentage of students in the ninth grade who have earned
5 credits or more without failing more than one core
class, a measure of students entering kindergarten ready
to learn, a measure of growth, and the percentage of
students who enter high school on track for college and
career readiness;
(E) the school environment, including, where
applicable, high school dropout rate by grade level, the
percentage of students with less than 10 absences in a
school year, the percentage of teachers with less than 10
absences in a school year for reasons other than

professional development, leaves taken pursuant to the
federal Family Medical Leave Act of 1993, long-term
disability, or parental leaves, the 3-year average of the
percentage of teachers returning to the school from the
previous year, the number of different principals at the
school in the last 6 years, the number of teachers who hold
a gifted education endorsement, the process and criteria
used by the district to determine whether a student is
eligible for participation in a gifted education program
or advanced academic program and the manner in which
parents and guardians are made aware of the process and
criteria, the number of teachers who are National Board
Certified Teachers, disaggregated by race and ethnicity, 2
or more indicators from any school climate survey selected
or approved by the State and administered pursuant to
Section 2-3.153 of this Code, with the same or similar
indicators included on school report cards for all surveys
selected or approved by the State pursuant to Section
2-3.153 of this Code, the combined percentage of teachers
rated as proficient or excellent in their most recent
evaluation, and, beginning with the 2022-2023 school year,
data on the number of incidents of violence that occurred
on school grounds or during school-related activities and
that resulted in an out-of-school suspension, expulsion,
or removal to an alternative setting, as reported pursuant
to Section 2-3.162;

(F) a school district's and its individual schools'
balanced accountability measure, in accordance with
Section 2-3.25a of this Code;
(G) the total and per pupil normal cost amount the
State contributed to the Teachers' Retirement System of
the State of Illinois in the prior fiscal year for the
school's employees, which shall be reported to the State
Board of Education by the Teachers' Retirement System of
the State of Illinois;
(H) for a school district organized under Article 34
of this Code only, State contributions to the Public
School Teachers' Pension and Retirement Fund of Chicago
and State contributions for health care for employees of
that school district;
(I) a school district's Final Percent of Adequacy, as
defined in paragraph (4) of subsection (f) of Section
18-8.15 of this Code;
(J) a school district's Local Capacity Target, as
defined in paragraph (2) of subsection (c) of Section
18-8.15 of this Code, displayed as a percentage amount;
(K) a school district's Real Receipts, as defined in
paragraph (1) of subsection (d) of Section 18-8.15 of this
Code, divided by a school district's Adequacy Target, as
defined in paragraph (1) of subsection (b) of Section
18-8.15 of this Code, displayed as a percentage amount;
(L) a school district's administrative costs;

(M) whether or not the school has participated in the
Illinois Youth Survey. In this paragraph (M), "Illinois
Youth Survey" means a self-report survey, administered in
school settings every 2 years, designed to gather
information about health and social indicators, including
substance abuse patterns and the attitudes of students in
grades 8, 10, and 12; and
(N) whether the school offered its students career and
technical education opportunities.
The school report card shall also provide information that
allows for comparing the current outcome, progress, and
environment data to the State average, to the school data from
the past 5 years, and to the outcomes, progress, and
environment of similar schools based on the type of school and
enrollment of low-income students, special education students,
and English learners.
As used in this subsection (2):
"Administrative costs" means costs associated with
executive, administrative, or managerial functions within the
school district that involve planning, organizing, managing,
or directing the school district.
"Advanced academic program" means a course of study to
which students are assigned based on advanced cognitive
ability or advanced academic achievement compared to local age
peers and in which the curriculum is substantially
differentiated from the general curriculum to provide

appropriate challenge and pace.
"Computer science" means the study of computers and
algorithms, including their principles, their hardware and
software designs, their implementation, and their impact on
society. "Computer science" does not include the study of
everyday uses of computers and computer applications, such as
keyboarding or accessing the Internet.
"Gifted education" means educational services, including
differentiated curricula and instructional methods, designed
to meet the needs of gifted children as defined in Article 14A
of this Code.
For the purposes of paragraph (A) of this subsection (2),
"average daily attendance" means the average of the actual
number of attendance days during the previous school year for
any enrolled student who is subject to compulsory attendance
by Section 26-1 of this Code at each school and charter school.
(3) At the discretion of the State Superintendent, the
school district report card shall include a subset of the
information identified in paragraphs (A) through (E) of
subsection (2) of this Section, as well as information
relating to the operating expense per pupil and other finances
of the school district, and the State report card shall
include a subset of the information identified in paragraphs
(A) through (E) and paragraph (N) of subsection (2) of this
Section. The school district report card shall include the
average daily attendance, as that term is defined in

subsection (2) of this Section, of students who have
individualized education programs and students who have 504
plans that provide for special education services within the
school district.
(4) Notwithstanding anything to the contrary in this
Section, in consultation with key education stakeholders, the
State Superintendent shall at any time have the discretion to
amend or update any and all metrics on the school, district, or
State report card.
(5) Annually, no more than 30 calendar days after receipt
of the school district and school report cards from the State
Superintendent of Education, each school district, including
special charter districts and districts subject to the
provisions of Article 34, shall present such report cards at a
regular school board meeting subject to applicable notice
requirements, post the report cards on the school district's
Internet web site, if the district maintains an Internet web
site, make the report cards available to a newspaper of
general circulation serving the district, and, upon request,
send the report cards home to a parent (unless the district
does not maintain an Internet web site, in which case the
report card shall be sent home to parents without request). If
the district posts the report card on its Internet web site,
the district shall send a written notice home to parents
stating (i) that the report card is available on the web site,
(ii) the address of the web site, (iii) that a printed copy of

the report card will be sent to parents upon request, and (iv)
the telephone number that parents may call to request a
printed copy of the report card.
(6) Nothing contained in Public Act 98-648 repeals,
supersedes, invalidates, or nullifies final decisions in
lawsuits pending on July 1, 2014 (the effective date of Public
Act 98-648) in Illinois courts involving the interpretation of
Public Act 97-8.
(Source: P.A. 101-68, eff. 1-1-20; 101-81, eff. 7-12-19;
101-654, eff. 3-8-21; 102-16, eff. 6-17-21; 102-294, eff.
1-1-22; 102-539, eff. 8-20-21; 102-558, eff. 8-20-21; 102-594,
eff. 7-1-22; revised 10-18-21.)
(105 ILCS 5/10-20.73)
Sec. 10-20.73. Modification of athletic or team uniform
permitted.
(a) A school board must allow a student athlete to modify
his or her athletic or team uniform for the purpose of modesty
in clothing or attire that is in accordance with the
requirements of his or her religion or his or her cultural
values or modesty preferences. The modification of the
athletic or team uniform may include, but is not limited to,
the wearing of a hijab, an undershirt, or leggings. If a
student chooses to modify his or her athletic or team uniform,
the student is responsible for all costs associated with the
modification of the uniform and the student shall not be

required to receive prior approval from the school board for
such modification. However, nothing in this Section prohibits
a school from providing the modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 10-19-21.)
(105 ILCS 5/10-20.75)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 10-20.75. Website accessibility guidelines.
(a) As used in this Section, "Internet website or web
service" means any third party online curriculum that is made
available to enrolled students or the public by a school

district through the Internet.
(b) To ensure that the content available on an Internet
website or web service of a school district is readily
accessible to persons with disabilities, the school district
must require that the Internet website or web service comply
with Level AA of the World Wide Web Consortium's Web Content
Accessibility Guidelines 2.1 or any revised version of those
guidelines.
(Source: P.A. 102-238, eff. 8-1-22.)
(105 ILCS 5/10-20.76)
Sec. 10-20.76 10-20.73. Student identification; suicide
prevention information. Each school district shall provide
contact information for the National Suicide Prevention
Lifeline and for the Crisis Text Line on the back of each
student identification card issued by the school district. If
the school district does not issue student identification
cards to its students or to all of its students, the school
district must publish this information on its website.
(Source: P.A. 102-134, eff. 7-23-21; revised 10-19-21.)
(105 ILCS 5/10-20.77)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 10-20.77 10-20.73. Parent-teacher conference and
other meetings; caseworker. For any student who is in the

legal custody of the Department of Children and Family
Services, the liaison appointed under Section 10-20.59 must
inform the Department's Office of Education and Transition
Services of a parent-teacher conference or any other meeting
concerning the student that would otherwise involve a parent
and must, at the option of the caseworker, allow the student's
caseworker to attend the conference or meeting.
(Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)
(105 ILCS 5/10-20.78)
Sec. 10-20.78 10-20.73. Student absence; pregnancy. A
school board shall adopt written policies related to absences
and missed homework or classwork assignments as a result of or
related to a student's pregnancy.
(Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)
(105 ILCS 5/10-20.79)
Sec. 10-20.79 10-20.73. Computer literacy skills. All
school districts shall ensure that students receive
developmentally appropriate opportunities to gain computer
literacy skills beginning in elementary school.
(Source: P.A. 101-654, eff. 3-8-21; revised 10-19-21.)
(105 ILCS 5/10-20.80)
Sec. 10-20.80 10-20.75. School support personnel
reporting. No later than December 1, 2022 and each December

1st annually thereafter, each school district must report to
the State Board of Education the information with regard to
the school district as of October 1st of each year beginning in
2022 as described in subsection (b) of Section 2-3.182 of this
Code and must make that information available on its website.
(Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)
(105 ILCS 5/10-20.81)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 10-20.81 10-20.75. Identification cards; suicide
prevention information. Each school district that serves
pupils in any of grades 6 through 12 and that issues an
identification card to pupils in any of grades 6 through 12
shall provide contact information for the National Suicide
Prevention Lifeline (988), the Crisis Text Line, and either
the Safe2Help Illinois helpline or a local suicide prevention
hotline or both on the identification card. The contact
information shall identify each helpline that may be contacted
through text messaging. The contact information shall be
included in the school's student handbook and also the student
planner if a student planner is custom printed by the school
for distribution to pupils in any of grades 6 through 12.
(Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)
(105 ILCS 5/10-21.9) (from Ch. 122, par. 10-21.9)

Sec. 10-21.9. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with a school district, except school bus driver applicants,
are required as a condition of employment to authorize a
fingerprint-based criminal history records check to determine
if such applicants have been convicted of any disqualifying,
enumerated criminal or drug offenses in subsection (c) of this
Section or have been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State. Authorization for the check shall be furnished by
the applicant to the school district, except that if the
applicant is a substitute teacher seeking employment in more
than one school district, a teacher seeking concurrent
part-time employment positions with more than one school
district (as a reading specialist, special education teacher
or otherwise), or an educational support personnel employee
seeking employment positions with more than one district, any
such district may require the applicant to furnish
authorization for the check to the regional superintendent of
the educational service region in which are located the school

districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the
applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent, except that those

applicants seeking employment as a substitute teacher with a
school district may be charged a fee not to exceed the cost of
the inquiry. Subject to appropriations for these purposes, the
State Superintendent of Education shall reimburse school
districts and regional superintendents for fees paid to obtain
criminal history records checks under this Section.
(a-5) The school district or regional superintendent shall
further perform a check of the Statewide Sex Offender
Database, as authorized by the Sex Offender Community
Notification Law, for each applicant. The check of the
Statewide Sex Offender Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(a-6) The school district or regional superintendent shall
further perform a check of the Statewide Murderer and Violent
Offender Against Youth Database, as authorized by the Murderer
and Violent Offender Against Youth Community Notification Law,
for each applicant. The check of the Murderer and Violent
Offender Against Youth Database must be conducted by the
school district or regional superintendent once for every 5
years that an applicant remains employed by the school
district.
(b) Any information concerning the record of convictions
obtained by the president of the school board or the regional
superintendent shall be confidential and may only be

transmitted to the superintendent of the school district or
his designee, the appropriate regional superintendent if the
check was requested by the school district, the presidents of
the appropriate school boards if the check was requested from
the Illinois State Police by the regional superintendent, the
State Board of Education and a school district as authorized
under subsection (b-5), the State Superintendent of Education,
the State Educator Preparation and Licensure Board, any other
person necessary to the decision of hiring the applicant for
employment, or for clarification purposes the Illinois State
Police or Statewide Sex Offender Database, or both. A copy of
the record of convictions obtained from the Illinois State
Police shall be provided to the applicant for employment. Upon
the check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any

other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database
or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or

concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal
Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with a school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) No school board shall knowingly employ a person who
has been convicted of any offense that would subject him or her
to license suspension or revocation pursuant to Section 21B-80
of this Code, except as provided under subsection (b) of
Section 21B-80. Further, no school board shall knowingly
employ a person who has been found to be the perpetrator of

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

any license holder who has been convicted of a crime set forth
in Section 21B-80 of this Code. Upon receipt of the record of a
conviction of or a finding of child abuse by a holder of any
license issued pursuant to Article 21B or Section 34-8.1 or
34-83 of the School Code, the State Superintendent of
Education may initiate licensure suspension and revocation
proceedings as authorized by law. If the receipt of the record
of conviction or finding of child abuse is received within 6
months after the initial grant of or renewal of a license, the
State Superintendent of Education may rescind the license
holder's license.
(e-5) The superintendent of the employing school board
shall, in writing, notify the State Superintendent of
Education and the applicable regional superintendent of
schools of any license holder whom he or she has reasonable
cause to believe has committed an intentional act of abuse or
neglect with the result of making a child an abused child or a
neglected child, as defined in Section 3 of the Abused and
Neglected Child Reporting Act, and that act resulted in the
license holder's dismissal or resignation from the school
district. This notification must be submitted within 30 days
after the dismissal or resignation and must include the
Illinois Educator Identification Number (IEIN) of the license
holder and a brief description of the misconduct alleged. The
license holder must also be contemporaneously sent a copy of
the notice by the superintendent. All correspondence,

documentation, and other information so received by the
regional superintendent of schools, the State Superintendent
of Education, the State Board of Education, or the State
Educator Preparation and Licensure Board under this subsection
(e-5) is confidential and must not be disclosed to third
parties, except (i) as necessary for the State Superintendent
of Education or his or her designee to investigate and
prosecute pursuant to Article 21B of this Code, (ii) pursuant
to a court order, (iii) for disclosure to the license holder or
his or her representative, or (iv) as otherwise provided in
this Article and provided that any such information admitted
into evidence in a hearing is exempt from this confidentiality
and non-disclosure requirement. Except for an act of willful
or wanton misconduct, any superintendent who provides
notification as required in this subsection (e-5) shall have
immunity from any liability, whether civil or criminal or that
otherwise might result by reason of such action.
(f) After January 1, 1990 the provisions of this Section
shall apply to all employees of persons or firms holding
contracts with any school district including, but not limited
to, food service workers, school bus drivers and other
transportation employees, who have direct, daily contact with
the pupils of any school in such district. For purposes of
criminal history records checks and checks of the Statewide
Sex Offender Database on employees of persons or firms holding
contracts with more than one school district and assigned to

more than one school district, the regional superintendent of
the educational service region in which the contracting school
districts are located may, at the request of any such school
district, be responsible for receiving the authorization for a
criminal history records check prepared by each such employee
and submitting the same to the Illinois State Police and for
conducting a check of the Statewide Sex Offender Database for
each employee. Any information concerning the record of
conviction and identification as a sex offender of any such
employee obtained by the regional superintendent shall be
promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by a school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district where the student teaching is
to be completed. Upon receipt of this authorization and
payment, the school district shall submit the student
teacher's name, sex, race, date of birth, social security

number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The Illinois State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the school board for the school district that requested the
check. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as
authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. No
school board may knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex
Offender Database check, and a Statewide Murderer and Violent
Offender Against Youth Database check have not been completed
and reviewed by the district.
A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the president of the school board is confidential and may
only be transmitted to the superintendent of the school

district or his or her designee, the State Superintendent of
Education, the State Educator Preparation and Licensure Board,
or, for clarification purposes, the Illinois State Police or
the Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
No school board shall knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, no
school board shall allow a person to student teach if he or she
has been found to be the perpetrator of sexual or physical
abuse of a minor under 18 years of age pursuant to proceedings
under Article II of the Juvenile Court Act of 1987. Each school
board must consider the status of a person to student teach who
has been issued an indicated finding of abuse or neglect of a
child by the Department of Children and Family Services under
the Abused and Neglected Child Reporting Act or by a child
welfare agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; revised 10-6-21.)

(105 ILCS 5/10-22.3f)
Sec. 10-22.3f. Required health benefits. Insurance
protection and benefits for employees shall provide the
post-mastectomy care benefits required to be covered by a
policy of accident and health insurance under Section 356t and
the coverage required under Sections 356g, 356g.5, 356g.5-1,
356q, 356u, 356w, 356x, 356z.6, 356z.8, 356z.9, 356z.11,
356z.12, 356z.13, 356z.14, 356z.15, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30a, 356z.32, 356z.33, 356z.36, 356z.40,
356z.41, 356z.45, 356z.46, 356z.47, and 356z.51 and 356z.43 of
the Illinois Insurance Code. Insurance policies shall comply
with Section 356z.19 of the Illinois Insurance Code. The
coverage shall comply with Sections 155.22a, 355b, and 370c of
the Illinois Insurance Code. The Department of Insurance shall
enforce the requirements of this Section.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625, eff.
1-1-21; 102-30, eff. 1-1-22; 102-103, eff. 1-1-22; 102-203,
eff. 1-1-22; 102-306, eff. 1-1-22; 102-642, eff. 1-1-22;
102-665, eff. 10-8-21; revised 10-27-21.)

(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
(Text of Section before amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the
best interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to

an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the expulsion, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardian of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to
a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardian,

the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardian of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest

extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose

a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are

to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the

promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,
firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination

may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)
that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as

lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the

student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic
difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school

district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-466)
Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
(a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
or guardians have been requested to appear at a meeting of the
board, or with a hearing officer appointed by it, to discuss
their child's behavior. Such request shall be made by
registered or certified mail and shall state the time, place
and purpose of the meeting. The board, or a hearing officer
appointed by it, at such meeting shall state the reasons for
dismissal and the date on which the expulsion is to become
effective. If a hearing officer is appointed by the board, he
shall report to the board a written summary of the evidence
heard at the meeting and the board may take such action thereon
as it finds appropriate. If the board acts to expel a pupil,
the written expulsion decision shall detail the specific
reasons why removing the pupil from the learning environment

is in the best interest of the school. The expulsion decision
shall also include a rationale as to the specific duration of
the expulsion. An expelled pupil may be immediately
transferred to an alternative program in the manner provided
in Article 13A or 13B of this Code. A pupil must not be denied
transfer because of the expulsion, except in cases in which
such transfer is deemed to cause a threat to the safety of
students or staff in the alternative program.
(b) To suspend or by policy to authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of gross disobedience or misconduct, or to suspend
pupils guilty of gross disobedience or misconduct on the
school bus from riding the school bus, pursuant to subsections
(b-15) and (b-20) of this Section, and no action shall lie
against them for such suspension. The board may by policy
authorize the superintendent of the district or the principal,
assistant principal, or dean of students of any school to
suspend pupils guilty of such acts for a period not to exceed
10 school days. If a pupil is suspended due to gross
disobedience or misconduct on a school bus, the board may
suspend the pupil in excess of 10 school days for safety
reasons.
Any suspension shall be reported immediately to the
parents or guardians of a pupil along with a full statement of
the reasons for such suspension and a notice of their right to

a review. The school board must be given a summary of the
notice, including the reason for the suspension and the
suspension length. Upon request of the parents or guardians,
the school board or a hearing officer appointed by it shall
review such action of the superintendent or principal,
assistant principal, or dean of students. At such review, the
parents or guardians of the pupil may appear and discuss the
suspension with the board or its hearing officer. If a hearing
officer is appointed by the board, he shall report to the board
a written summary of the evidence heard at the meeting. After
its hearing or upon receipt of the written report of its
hearing officer, the board may take such action as it finds
appropriate. If a student is suspended pursuant to this
subsection (b), the board shall, in the written suspension
decision, detail the specific act of gross disobedience or
misconduct resulting in the decision to suspend. The
suspension decision shall also include a rationale as to the
specific duration of the suspension. A pupil who is suspended
in excess of 20 school days may be immediately transferred to
an alternative program in the manner provided in Article 13A
or 13B of this Code. A pupil must not be denied transfer
because of the suspension, except in cases in which such
transfer is deemed to cause a threat to the safety of students
or staff in the alternative program.
(b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school

exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
(b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or
expel students for particular behaviors.
(b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the
length of suspensions to the greatest extent practicable.
(b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used

only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose
a threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this
Section or the expulsion decision described in subsection (a)
of this Section, it shall be documented whether other
interventions were attempted or whether it was determined that
there were no other appropriate and available interventions.
(b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available

support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
A school district may refer students who are expelled to
appropriate and available support services.
A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
(b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parents or guardians to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
(b-35) In all suspension review hearings conducted under
subsection (b) or expulsion hearings conducted under
subsection (a), a student may disclose any factor to be
considered in mitigation, including his or her status as a
parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A. A representative of the
parent's or guardian's choice, or of the student's choice if
emancipated, must be permitted to represent the student

throughout the proceedings and to address the school board or
its appointed hearing officer. With the approval of the
student's parent or guardian, or of the student if
emancipated, a support person must be permitted to accompany
the student to any disciplinary hearings or proceedings. The
representative or support person must comply with any rules of
the school district's hearing process. If the representative
or support person violates the rules or engages in behavior or
advocacy that harasses, abuses, or intimidates either party, a
witness, or anyone else in attendance at the hearing, the
representative or support person may be prohibited from
further participation in the hearing or proceeding. A
suspension or expulsion proceeding under this subsection
(b-35) must be conducted independently from any ongoing
criminal investigation or proceeding, and an absence of
pending or possible criminal charges, criminal investigations,
or proceedings may not be a factor in school disciplinary
decisions.
(b-40) During a suspension review hearing conducted under
subsection (b) or an expulsion hearing conducted under
subsection (a) that involves allegations of sexual violence by
the student who is subject to discipline, neither the student
nor his or her representative shall directly question nor have
direct contact with the alleged victim. The student who is
subject to discipline or his or her representative may, at the
discretion and direction of the school board or its appointed

hearing officer, suggest questions to be posed by the school
board or its appointed hearing officer to the alleged victim.
(c) A school board must invite a representative from a
local mental health agency to consult with the board at the
meeting whenever there is evidence that mental illness may be
the cause of a student's expulsion or suspension.
(c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
(d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case basis. A student who is determined to have
brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
(1) A firearm. For the purposes of this Section,
"firearm" means any gun, rifle, shotgun, weapon as defined
by Section 921 of Title 18 of the United States Code,

firearm as defined in Section 1.1 of the Firearm Owners
Identification Card Act, or firearm as defined in Section
24-1 of the Criminal Code of 2012. The expulsion period
under this subdivision (1) may be modified by the
superintendent, and the superintendent's determination may
be modified by the board on a case-by-case basis.
(2) A knife, brass knuckles or other knuckle weapon
regardless of its composition, a billy club, or any other
object if used or attempted to be used to cause bodily
harm, including "look alikes" of any firearm as defined in
subdivision (1) of this subsection (d). The expulsion
requirement under this subdivision (2) may be modified by
the superintendent, and the superintendent's determination
may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
(d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case basis, if (i)

that student has been determined to have made an explicit
threat on an Internet website against a school employee, a
student, or any school-related personnel, (ii) the Internet
website through which the threat was made is a site that was
accessible within the school at the time the threat was made or
was available to third parties who worked or studied within
the school grounds at the time the threat was made, and (iii)
the threat could be reasonably interpreted as threatening to
the safety and security of the threatened individual because
of his or her duties or employment status or status as a
student inside the school.
(e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including

searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
(f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
(g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A
of this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program. A school district that
adopts a policy under this subsection (g) must include a
provision allowing for consideration of any mitigating
factors, including, but not limited to, a student's status as
a parent, expectant parent, or victim of domestic or sexual
violence, as defined in Article 26A.
(h) School officials shall not advise or encourage
students to drop out voluntarily due to behavioral or academic

difficulties.
(i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen,
or damaged property.
(j) Subsections (a) through (i) of this Section shall
apply to elementary and secondary schools, charter schools,
special charter districts, and school districts organized
under Article 34 of this Code.
(k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of
this Code.
(l) Beginning with the 2018-2019 school year, an in-school
suspension program provided by a school district for any
students in kindergarten through grade 12 may focus on
promoting non-violent conflict resolution and positive
interaction with other students and school personnel. A school
district may employ a school social worker or a licensed
mental health professional to oversee an in-school suspension
program in kindergarten through grade 12.
(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
102-539, eff. 8-20-21; revised 9-23-21.)
(105 ILCS 5/10-22.39)
(Text of Section before amendment by P.A. 102-638)

Sec. 10-22.39. In-service training programs.
(a) To conduct in-service training programs for teachers.
(b) In addition to other topics at in-service training
programs, at least once every 2 years, licensed school
personnel and administrators who work with pupils in
kindergarten through grade 12 shall be trained to identify the
warning signs of mental illness and suicidal behavior in youth
and shall be taught appropriate intervention and referral
techniques. A school district may utilize the Illinois Mental
Health First Aid training program, established under the
Illinois Mental Health First Aid Training Act and administered
by certified instructors trained by a national association
recognized as an authority in behavioral health, to provide
the training and meet the requirements under this subsection.
If licensed school personnel or an administrator obtains
mental health first aid training outside of an in-service
training program, he or she may present a certificate of
successful completion of the training to the school district
to satisfy the requirements of this subsection.
(c) School counselors, nurses, teachers and other school
personnel who work with pupils may be trained to have a basic
knowledge of matters relating to acquired immunodeficiency
syndrome (AIDS), including the nature of the disease, its
causes and effects, the means of detecting it and preventing
its transmission, and the availability of appropriate sources
of counseling and referral, and any other information that may

be appropriate considering the age and grade level of such
pupils. The School Board shall supervise such training. The
State Board of Education and the Department of Public Health
shall jointly develop standards for such training.
(d) In this subsection (d):
"Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act
of 1986.
"Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or the Criminal Code of 2012 in Sections 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
sexual violence committed by perpetrators who are strangers to
the victim and sexual violence committed by perpetrators who
are known or related by blood or marriage to the victim.
At least once every 2 years, an in-service training
program for school personnel who work with pupils, including,
but not limited to, school and school district administrators,
teachers, school social workers, school counselors, school
psychologists, and school nurses, must be conducted by persons
with expertise in domestic and sexual violence and the needs
of expectant and parenting youth and shall include training
concerning (i) communicating with and listening to youth
victims of domestic or sexual violence and expectant and

parenting youth, (ii) connecting youth victims of domestic or
sexual violence and expectant and parenting youth to
appropriate in-school services and other agencies, programs,
and services as needed, and (iii) implementing the school
district's policies, procedures, and protocols with regard to
such youth, including confidentiality. At a minimum, school
personnel must be trained to understand, provide information
and referrals, and address issues pertaining to youth who are
parents, expectant parents, or victims of domestic or sexual
violence.
(e) At least every 2 years, an in-service training program
for school personnel who work with pupils must be conducted by
persons with expertise in anaphylactic reactions and
management.
(f) At least once every 2 years, a school board shall
conduct in-service training on educator ethics,
teacher-student conduct, and school employee-student conduct
for all personnel.
(Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21.)
(Text of Section after amendment by P.A. 102-638)
Sec. 10-22.39. In-service training programs.
(a) To conduct in-service training programs for teachers.
(b) In addition to other topics at in-service training
programs, at least once every 2 years, licensed school
personnel and administrators who work with pupils in

kindergarten through grade 12 shall be trained to identify the
warning signs of mental illness, trauma, and suicidal behavior
in youth and shall be taught appropriate intervention and
referral techniques. A school district may utilize the
Illinois Mental Health First Aid training program, established
under the Illinois Mental Health First Aid Training Act and
administered by certified instructors trained by a national
association recognized as an authority in behavioral health,
to provide the training and meet the requirements under this
subsection. If licensed school personnel or an administrator
obtains mental health first aid training outside of an
in-service training program, he or she may present a
certificate of successful completion of the training to the
school district to satisfy the requirements of this
subsection.
Training regarding the implementation of trauma-informed
practices satisfies the requirements of this subsection (b).
A course of instruction as described in this subsection
(b) may provide information that is relevant to and within the
scope of the duties of licensed school personnel or school
administrators. Such information may include, but is not
limited to:
(1) the recognition of and care for trauma in students
and staff;
(2) the relationship between educator wellness and
student learning;

(3) the effect of trauma on student behavior and
learning;
(4) the prevalence of trauma among students, including
the prevalence of trauma among student populations at
higher risk of experiencing trauma;
(5) the effects of implicit or explicit bias on
recognizing trauma among various student groups in
connection with race, ethnicity, gender identity, sexual
orientation, socio-economic status, and other relevant
factors; and
(6) effective district practices that are shown to:
(A) prevent and mitigate the negative effect of
trauma on student behavior and learning; and
(B) support the emotional wellness of staff.
(c) School counselors, nurses, teachers and other school
personnel who work with pupils may be trained to have a basic
knowledge of matters relating to acquired immunodeficiency
syndrome (AIDS), including the nature of the disease, its
causes and effects, the means of detecting it and preventing
its transmission, and the availability of appropriate sources
of counseling and referral, and any other information that may
be appropriate considering the age and grade level of such
pupils. The School Board shall supervise such training. The
State Board of Education and the Department of Public Health
shall jointly develop standards for such training.
(d) In this subsection (d):

"Domestic violence" means abuse by a family or household
member, as "abuse" and "family or household members" are
defined in Section 103 of the Illinois Domestic Violence Act
of 1986.
"Sexual violence" means sexual assault, abuse, or stalking
of an adult or minor child proscribed in the Criminal Code of
1961 or the Criminal Code of 2012 in Sections 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-7.3, 12-7.4, 12-7.5,
12-12, 12-13, 12-14, 12-14.1, 12-15, and 12-16, including
sexual violence committed by perpetrators who are strangers to
the victim and sexual violence committed by perpetrators who
are known or related by blood or marriage to the victim.
At least once every 2 years, an in-service training
program for school personnel who work with pupils, including,
but not limited to, school and school district administrators,
teachers, school social workers, school counselors, school
psychologists, and school nurses, must be conducted by persons
with expertise in domestic and sexual violence and the needs
of expectant and parenting youth and shall include training
concerning (i) communicating with and listening to youth
victims of domestic or sexual violence and expectant and
parenting youth, (ii) connecting youth victims of domestic or
sexual violence and expectant and parenting youth to
appropriate in-school services and other agencies, programs,
and services as needed, and (iii) implementing the school
district's policies, procedures, and protocols with regard to

such youth, including confidentiality. At a minimum, school
personnel must be trained to understand, provide information
and referrals, and address issues pertaining to youth who are
parents, expectant parents, or victims of domestic or sexual
violence.
(e) At least every 2 years, an in-service training program
for school personnel who work with pupils must be conducted by
persons with expertise in anaphylactic reactions and
management.
(f) At least once every 2 years, a school board shall
conduct in-service training on educator ethics,
teacher-student conduct, and school employee-student conduct
for all personnel.
(Source: P.A. 101-350, eff. 1-1-20; 102-197, eff. 7-30-21;
102-638, eff. 1-1-23; revised 10-15-21.)
(105 ILCS 5/10-27.1A)
Sec. 10-27.1A. Firearms in schools.
(a) All school officials, including teachers, school
counselors, and support staff, shall immediately notify the
office of the principal in the event that they observe any
person in possession of a firearm on school grounds; provided
that taking such immediate action to notify the office of the
principal would not immediately endanger the health, safety,
or welfare of students who are under the direct supervision of
the school official or the school official. If the health,

safety, or welfare of students under the direct supervision of
the school official or of the school official is immediately
endangered, the school official shall notify the office of the
principal as soon as the students under his or her supervision
and he or she are no longer under immediate danger. A report is
not required by this Section when the school official knows
that the person in possession of the firearm is a law
enforcement official engaged in the conduct of his or her
official duties. Any school official acting in good faith who
makes such a report under this Section shall have immunity
from any civil or criminal liability that might otherwise be
incurred as a result of making the report. The identity of the
school official making such report shall not be disclosed
except as expressly and specifically authorized by law.
Knowingly and willfully failing to comply with this Section is
a petty offense. A second or subsequent offense is a Class C
misdemeanor.
(b) Upon receiving a report from any school official
pursuant to this Section, or from any other person, the
principal or his or her designee shall immediately notify a
local law enforcement agency. If the person found to be in
possession of a firearm on school grounds is a student, the
principal or his or her designee shall also immediately notify
that student's parent or guardian. Any principal or his or her
designee acting in good faith who makes such reports under
this Section shall have immunity from any civil or criminal

liability that might otherwise be incurred or imposed as a
result of making the reports. Knowingly and willfully failing
to comply with this Section is a petty offense. A second or
subsequent offense is a Class C misdemeanor. If the person
found to be in possession of the firearm on school grounds is a
minor, the law enforcement agency shall detain that minor
until such time as the agency makes a determination pursuant
to clause (a) of subsection (1) of Section 5-401 of the
Juvenile Court Act of 1987, as to whether the agency
reasonably believes that the minor is delinquent. If the law
enforcement agency determines that probable cause exists to
believe that the minor committed a violation of item (4) of
subsection (a) of Section 24-1 of the Criminal Code of 2012
while on school grounds, the agency shall detain the minor for
processing pursuant to Section 5-407 of the Juvenile Court Act
of 1987.
(c) On or after January 1, 1997, upon receipt of any
written, electronic, or verbal report from any school
personnel regarding a verified incident involving a firearm in
a school or on school owned or leased property, including any
conveyance owned, leased, or used by the school for the
transport of students or school personnel, the superintendent
or his or her designee shall report all such firearm-related
incidents occurring in a school or on school property to the
local law enforcement authorities immediately and to the
Illinois State Police in a form, manner, and frequency as

prescribed by the Illinois State Police.
The State Board of Education shall receive an annual
statistical compilation and related data associated with
incidents involving firearms in schools from the Illinois
State Police. The State Board of Education shall compile this
information by school district and make it available to the
public.
(d) As used in this Section, the term "firearm" shall have
the meaning ascribed to it in Section 1.1 of the Firearm Owners
Identification Card Act.
As used in this Section, the term "school" means any
public or private elementary or secondary school.
As used in this Section, the term "school grounds"
includes the real property comprising any school, any
conveyance owned, leased, or contracted by a school to
transport students to or from school or a school-related
activity, or any public way within 1,000 feet of the real
property comprising any school.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
revised 10-6-21.)
(105 ILCS 5/14-8.02) (from Ch. 122, par. 14-8.02)
(Text of Section before amendment by P.A. 102-199)
Sec. 14-8.02. Identification, evaluation, and placement of
children.
(a) The State Board of Education shall make rules under

which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.
For purposes of determining the eligibility of children the
State Board of Education shall include in the rules
definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a
language other than English is used, the State Board of
Education shall include in the rules definitions for
"qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs".
For purposes of this Section, as well as Sections 14-8.02a,
14-8.02b, and 14-8.02c of this Code, "parent" means a parent
as defined in the federal Individuals with Disabilities

Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child shall be given a copy of the
multidisciplinary conference summary report and
recommendations, which includes options considered, and be
informed of his or her right to obtain an independent
educational evaluation if he or she disagrees with the
evaluation findings conducted or obtained by the school
district. If the school district's evaluation is shown to be
inappropriate, the school district shall reimburse the parent
for the cost of the independent evaluation. The State Board of
Education shall, with advice from the State Advisory Council
on Education of Children with Disabilities on the inclusion of
specific independent educational evaluators, prepare a list of
suggested independent educational evaluators. The State Board
of Education shall include on the list clinical psychologists
licensed pursuant to the Clinical Psychologist Licensing Act.
Such psychologists shall not be paid fees in excess of the
amount that would be received by a school psychologist for
performing the same services. The State Board of Education
shall supply school districts with such list and make the list

available to parents at their request. School districts shall
make the list available to parents at the time they are
informed of their right to obtain an independent educational
evaluation. However, the school district may initiate an
impartial due process hearing under this Section within 5 days
of any written parent request for an independent educational
evaluation to show that its evaluation is appropriate. If the
final decision is that the evaluation is appropriate, the
parent still has a right to an independent educational
evaluation, but not at public expense. An independent
educational evaluation at public expense must be completed
within 30 days of a parent written request unless the school
district initiates an impartial due process hearing or the
parent or school district offers reasonable grounds to show
that such 30-day time period should be extended. If the due
process hearing decision indicates that the parent is entitled
to an independent educational evaluation, it must be completed
within 30 days of the decision unless the parent or the school
district offers reasonable grounds to show that such 30-day
period should be extended. If a parent disagrees with the
summary report or recommendations of the multidisciplinary
conference or the findings of any educational evaluation which
results therefrom, the school district shall not proceed with
a placement based upon such evaluation and the child shall
remain in his or her regular classroom setting. No child shall
be eligible for admission to a special class for children with

a mental disability who are educable or for children with a
mental disability who are trainable except with a
psychological evaluation and recommendation by a school
psychologist. Consent shall be obtained from the parent of a
child before any evaluation is conducted. If consent is not
given by the parent or if the parent disagrees with the
findings of the evaluation, then the school district may
initiate an impartial due process hearing under this Section.
The school district may evaluate the child if that is the
decision resulting from the impartial due process hearing and
the decision is not appealed or if the decision is affirmed on
appeal. The determination of eligibility shall be made and the
IEP meeting shall be completed within 60 school days from the
date of written parental consent. In those instances when
written parental consent is obtained with fewer than 60 pupil
attendance days left in the school year, the eligibility
determination shall be made and the IEP meeting shall be
completed prior to the first day of the following school year.
Special education and related services must be provided in
accordance with the student's IEP no later than 10 school
attendance days after notice is provided to the parents
pursuant to Section 300.503 of Title 34 of the Code of Federal
Regulations and implementing rules adopted by the State Board
of Education. The appropriate program pursuant to the
individualized educational program of students whose native
tongue is a language other than English shall reflect the

special education, cultural and linguistic needs. No later
than September 1, 1993, the State Board of Education shall
establish standards for the development, implementation and
monitoring of appropriate bilingual special individualized
educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to
verify implementation of these standards. The district shall
indicate to the parent and the State Board of Education the
nature of the services the child will receive for the regular
school term while awaiting waiting placement in the
appropriate special education class. At the child's initial
IEP meeting and at each annual review meeting, the child's IEP
team shall provide the child's parent or guardian with a
written notification that informs the parent or guardian that
the IEP team is required to consider whether the child
requires assistive technology in order to receive free,
appropriate public education. The notification must also
include a toll-free telephone number and internet address for
the State's assistive technology program.
If the child is deaf, hard of hearing, blind, or visually
impaired or has an orthopedic impairment or physical
disability and he or she might be eligible to receive services
from the Illinois School for the Deaf, the Illinois School for
the Visually Impaired, or the Illinois Center for
Rehabilitation and Education-Roosevelt, the school district
shall notify the parents, in writing, of the existence of

these schools and the services they provide and shall make a
reasonable effort to inform the parents of the existence of
other, local schools that provide similar services and the
services that these other schools provide. This notification
shall include without limitation information on school
services, school admissions criteria, and school contact
information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of
the child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral

interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including
social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be
taken by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is

essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille
instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result
in functional blindness. Each student who is functionally
blind shall be entitled to Braille reading and writing
instruction that is sufficient to enable the student to
communicate with the same level of proficiency as other
students of comparable ability. Instruction should be provided
to the extent that the student is physically and cognitively
able to use Braille. Braille instruction may be used in
combination with other special education services appropriate
to the student's educational needs. The assessment of each
student who is functionally blind for the purpose of
developing the student's individualized education program
shall include documentation of the student's strengths and
weaknesses in Braille skills. Each person assisting in the
development of the individualized education program for a
student who is functionally blind shall receive information
describing the benefits of Braille instruction. The
individualized education program for each student who is

functionally blind shall specify the appropriate learning
medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children
with disabilities who are recommended to be placed into
regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular classroom instruction and are included on the
teacher's regular education class register. Subject to the
limitation of the preceding sentence, placement in special
classes, separate schools or other removal of the child with a
disability from the regular educational environment shall
occur only when the nature of the severity of the disability is
such that education in the regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily. The placement of English learners with
disabilities shall be in non-restrictive environments which
provide for integration with peers who do not have
disabilities in bilingual classrooms. Annually, each January,
school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the

placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be
assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that
such examination or treatment conflicts with his religious
beliefs.
(g) School boards or their designee shall provide to the
parents of a child prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate
or change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor.
Such written notification shall also inform the parent of the
opportunity to present complaints with respect to any matter
relating to the educational placement of the student, or the
provision of a free appropriate public education and to have

an impartial due process hearing on the complaint. The notice
shall inform the parents in the parents' native language,
unless it is clearly not feasible to do so, of their rights and
all procedures available pursuant to this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446); it shall be the responsibility of
the State Superintendent to develop uniform notices setting
forth the procedures available under this Act and the federal
Individuals with Disabilities Education Improvement Act of
2004 (Public Law 108-446) to be used by all school boards. The
notice shall also inform the parents of the availability upon
request of a list of free or low-cost legal and other relevant
services available locally to assist parents in initiating an
impartial due process hearing. The State Superintendent shall
revise the uniform notices required by this subsection (g) to
reflect current law and procedures at least once every 2
years. Any parent who is deaf, or does not normally
communicate using spoken English, who participates in a
meeting with a representative of a local educational agency
for the purposes of developing an individualized educational
program shall be entitled to the services of an interpreter.
The State Board of Education must adopt rules to establish the
criteria, standards, and competencies for a bilingual language
interpreter who attends an individualized education program
meeting under this subsection to assist a parent who has
limited English proficiency.

(g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to
evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements
of this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the
proposed visit, the purpose of the visit, and the approximate
duration of the visit. The visitor and the school district
shall arrange the visit or visits at times that are mutually
agreeable. Visitors shall comply with school safety, security,
and visitation policies at all times. School district

visitation policies must not conflict with this subsection
(g-5). Visitors shall be required to comply with the
requirements of applicable privacy laws, including those laws
protecting the confidentiality of education records such as
the federal Family Educational Rights and Privacy Act and the
Illinois School Student Records Act. The visitor shall not
disrupt the educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a
parent or child must be afforded reasonable access of
sufficient duration and scope for the purpose of
conducting an evaluation of the child, the child's
performance, the child's current educational program,
placement, services, or environment, or any educational
program, placement, services, or environment proposed for
the child, including interviews of educational personnel,
child observations, assessments, tests or assessments of
the child's educational program, services, or placement or
of any proposed educational program, services, or
placement. If one or more interviews of school personnel

are part of the evaluation, the interviews must be
conducted at a mutually agreed upon time, date, and place
that do not interfere with the school employee's school
duties. The school district may limit interviews to
personnel having information relevant to the child's
current educational services, program, or placement or to
a proposed educational service, program, or placement.
(Source: P.A. 101-124, eff. 1-1-20; 102-264, eff. 8-6-21;
102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-199)
Sec. 14-8.02. Identification, evaluation, and placement of
children.
(a) The State Board of Education shall make rules under
which local school boards shall determine the eligibility of
children to receive special education. Such rules shall ensure
that a free appropriate public education be available to all
children with disabilities as defined in Section 14-1.02. The
State Board of Education shall require local school districts
to administer non-discriminatory procedures or tests to
English learners coming from homes in which a language other
than English is used to determine their eligibility to receive
special education. The placement of low English proficiency
students in special education programs and facilities shall be
made in accordance with the test results reflecting the
student's linguistic, cultural and special education needs.

For purposes of determining the eligibility of children the
State Board of Education shall include in the rules
definitions of "case study", "staff conference",
"individualized educational program", and "qualified
specialist" appropriate to each category of children with
disabilities as defined in this Article. For purposes of
determining the eligibility of children from homes in which a
language other than English is used, the State Board of
Education shall include in the rules definitions for
"qualified bilingual specialists" and "linguistically and
culturally appropriate individualized educational programs".
For purposes of this Section, as well as Sections 14-8.02a,
14-8.02b, and 14-8.02c of this Code, "parent" means a parent
as defined in the federal Individuals with Disabilities
Education Act (20 U.S.C. 1401(23)).
(b) No child shall be eligible for special education
facilities except with a carefully completed case study fully
reviewed by professional personnel in a multidisciplinary
staff conference and only upon the recommendation of qualified
specialists or a qualified bilingual specialist, if available.
At the conclusion of the multidisciplinary staff conference,
the parent of the child and, if the child is in the legal
custody of the Department of Children and Family Services, the
Department's Office of Education and Transition Services shall
be given a copy of the multidisciplinary conference summary
report and recommendations, which includes options considered,

and, in the case of the parent, be informed of his or her right
to obtain an independent educational evaluation if he or she
disagrees with the evaluation findings conducted or obtained
by the school district. If the school district's evaluation is
shown to be inappropriate, the school district shall reimburse
the parent for the cost of the independent evaluation. The
State Board of Education shall, with advice from the State
Advisory Council on Education of Children with Disabilities on
the inclusion of specific independent educational evaluators,
prepare a list of suggested independent educational
evaluators. The State Board of Education shall include on the
list clinical psychologists licensed pursuant to the Clinical
Psychologist Licensing Act. Such psychologists shall not be
paid fees in excess of the amount that would be received by a
school psychologist for performing the same services. The
State Board of Education shall supply school districts with
such list and make the list available to parents at their
request. School districts shall make the list available to
parents at the time they are informed of their right to obtain
an independent educational evaluation. However, the school
district may initiate an impartial due process hearing under
this Section within 5 days of any written parent request for an
independent educational evaluation to show that its evaluation
is appropriate. If the final decision is that the evaluation
is appropriate, the parent still has a right to an independent
educational evaluation, but not at public expense. An

independent educational evaluation at public expense must be
completed within 30 days of a parent written request unless
the school district initiates an impartial due process hearing
or the parent or school district offers reasonable grounds to
show that such 30-day time period should be extended. If the
due process hearing decision indicates that the parent is
entitled to an independent educational evaluation, it must be
completed within 30 days of the decision unless the parent or
the school district offers reasonable grounds to show that
such 30-day period should be extended. If a parent disagrees
with the summary report or recommendations of the
multidisciplinary conference or the findings of any
educational evaluation which results therefrom, the school
district shall not proceed with a placement based upon such
evaluation and the child shall remain in his or her regular
classroom setting. No child shall be eligible for admission to
a special class for children with a mental disability who are
educable or for children with a mental disability who are
trainable except with a psychological evaluation and
recommendation by a school psychologist. Consent shall be
obtained from the parent of a child before any evaluation is
conducted. If consent is not given by the parent or if the
parent disagrees with the findings of the evaluation, then the
school district may initiate an impartial due process hearing
under this Section. The school district may evaluate the child
if that is the decision resulting from the impartial due

process hearing and the decision is not appealed or if the
decision is affirmed on appeal. The determination of
eligibility shall be made and the IEP meeting shall be
completed within 60 school days from the date of written
parental consent. In those instances when written parental
consent is obtained with fewer than 60 pupil attendance days
left in the school year, the eligibility determination shall
be made and the IEP meeting shall be completed prior to the
first day of the following school year. Special education and
related services must be provided in accordance with the
student's IEP no later than 10 school attendance days after
notice is provided to the parents pursuant to Section 300.503
of Title 34 of the Code of Federal Regulations and
implementing rules adopted by the State Board of Education.
The appropriate program pursuant to the individualized
educational program of students whose native tongue is a
language other than English shall reflect the special
education, cultural and linguistic needs. No later than
September 1, 1993, the State Board of Education shall
establish standards for the development, implementation and
monitoring of appropriate bilingual special individualized
educational programs. The State Board of Education shall
further incorporate appropriate monitoring procedures to
verify implementation of these standards. The district shall
indicate to the parent, the State Board of Education, and, if
applicable, the Department's Office of Education and

Transition Services the nature of the services the child will
receive for the regular school term while awaiting waiting
placement in the appropriate special education class. At the
child's initial IEP meeting and at each annual review meeting,
the child's IEP team shall provide the child's parent or
guardian and, if applicable, the Department's Office of
Education and Transition Services with a written notification
that informs the parent or guardian or the Department's Office
of Education and Transition Services that the IEP team is
required to consider whether the child requires assistive
technology in order to receive free, appropriate public
education. The notification must also include a toll-free
telephone number and internet address for the State's
assistive technology program.
If the child is deaf, hard of hearing, blind, or visually
impaired or has an orthopedic impairment or physical
disability and he or she might be eligible to receive services
from the Illinois School for the Deaf, the Illinois School for
the Visually Impaired, or the Illinois Center for
Rehabilitation and Education-Roosevelt, the school district
shall notify the parents, in writing, of the existence of
these schools and the services they provide and shall make a
reasonable effort to inform the parents of the existence of
other, local schools that provide similar services and the
services that these other schools provide. This notification
shall include without limitation information on school

services, school admissions criteria, and school contact
information.
In the development of the individualized education program
for a student who has a disability on the autism spectrum
(which includes autistic disorder, Asperger's disorder,
pervasive developmental disorder not otherwise specified,
childhood disintegrative disorder, and Rett Syndrome, as
defined in the Diagnostic and Statistical Manual of Mental
Disorders, fourth edition (DSM-IV, 2000)), the IEP team shall
consider all of the following factors:
(1) The verbal and nonverbal communication needs of
the child.
(2) The need to develop social interaction skills and
proficiencies.
(3) The needs resulting from the child's unusual
responses to sensory experiences.
(4) The needs resulting from resistance to
environmental change or change in daily routines.
(5) The needs resulting from engagement in repetitive
activities and stereotyped movements.
(6) The need for any positive behavioral
interventions, strategies, and supports to address any
behavioral difficulties resulting from autism spectrum
disorder.
(7) Other needs resulting from the child's disability
that impact progress in the general curriculum, including

social and emotional development.
Public Act 95-257 does not create any new entitlement to a
service, program, or benefit, but must not affect any
entitlement to a service, program, or benefit created by any
other law.
If the student may be eligible to participate in the
Home-Based Support Services Program for Adults with Mental
Disabilities authorized under the Developmental Disability and
Mental Disability Services Act upon becoming an adult, the
student's individualized education program shall include plans
for (i) determining the student's eligibility for those
home-based services, (ii) enrolling the student in the program
of home-based services, and (iii) developing a plan for the
student's most effective use of the home-based services after
the student becomes an adult and no longer receives special
educational services under this Article. The plans developed
under this paragraph shall include specific actions to be
taken by specified individuals, agencies, or officials.
(c) In the development of the individualized education
program for a student who is functionally blind, it shall be
presumed that proficiency in Braille reading and writing is
essential for the student's satisfactory educational progress.
For purposes of this subsection, the State Board of Education
shall determine the criteria for a student to be classified as
functionally blind. Students who are not currently identified
as functionally blind who are also entitled to Braille

instruction include: (i) those whose vision loss is so severe
that they are unable to read and write at a level comparable to
their peers solely through the use of vision, and (ii) those
who show evidence of progressive vision loss that may result
in functional blindness. Each student who is functionally
blind shall be entitled to Braille reading and writing
instruction that is sufficient to enable the student to
communicate with the same level of proficiency as other
students of comparable ability. Instruction should be provided
to the extent that the student is physically and cognitively
able to use Braille. Braille instruction may be used in
combination with other special education services appropriate
to the student's educational needs. The assessment of each
student who is functionally blind for the purpose of
developing the student's individualized education program
shall include documentation of the student's strengths and
weaknesses in Braille skills. Each person assisting in the
development of the individualized education program for a
student who is functionally blind shall receive information
describing the benefits of Braille instruction. The
individualized education program for each student who is
functionally blind shall specify the appropriate learning
medium or media based on the assessment report.
(d) To the maximum extent appropriate, the placement shall
provide the child with the opportunity to be educated with
children who do not have a disability; provided that children

with disabilities who are recommended to be placed into
regular education classrooms are provided with supplementary
services to assist the children with disabilities to benefit
from the regular classroom instruction and are included on the
teacher's regular education class register. Subject to the
limitation of the preceding sentence, placement in special
classes, separate schools or other removal of the child with a
disability from the regular educational environment shall
occur only when the nature of the severity of the disability is
such that education in the regular classes with the use of
supplementary aids and services cannot be achieved
satisfactorily. The placement of English learners with
disabilities shall be in non-restrictive environments which
provide for integration with peers who do not have
disabilities in bilingual classrooms. Annually, each January,
school districts shall report data on students from
non-English speaking backgrounds receiving special education
and related services in public and private facilities as
prescribed in Section 2-3.30. If there is a disagreement
between parties involved regarding the special education
placement of any child, either in-state or out-of-state, the
placement is subject to impartial due process procedures
described in Article 10 of the Rules and Regulations to Govern
the Administration and Operation of Special Education.
(e) No child who comes from a home in which a language
other than English is the principal language used may be

assigned to any class or program under this Article until he
has been given, in the principal language used by the child and
used in his home, tests reasonably related to his cultural
environment. All testing and evaluation materials and
procedures utilized for evaluation and placement shall not be
linguistically, racially or culturally discriminatory.
(f) Nothing in this Article shall be construed to require
any child to undergo any physical examination or medical
treatment whose parents object thereto on the grounds that
such examination or treatment conflicts with his religious
beliefs.
(g) School boards or their designee shall provide to the
parents of a child or, if applicable, the Department of
Children and Family Services' Office of Education and
Transition Services prior written notice of any decision (a)
proposing to initiate or change, or (b) refusing to initiate
or change, the identification, evaluation, or educational
placement of the child or the provision of a free appropriate
public education to their child, and the reasons therefor. For
a parent, such written notification shall also inform the
parent of the opportunity to present complaints with respect
to any matter relating to the educational placement of the
student, or the provision of a free appropriate public
education and to have an impartial due process hearing on the
complaint. The notice shall inform the parents in the parents'
native language, unless it is clearly not feasible to do so, of

their rights and all procedures available pursuant to this Act
and the federal Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446); it shall be the
responsibility of the State Superintendent to develop uniform
notices setting forth the procedures available under this Act
and the federal Individuals with Disabilities Education
Improvement Act of 2004 (Public Law 108-446) to be used by all
school boards. The notice shall also inform the parents of the
availability upon request of a list of free or low-cost legal
and other relevant services available locally to assist
parents in initiating an impartial due process hearing. The
State Superintendent shall revise the uniform notices required
by this subsection (g) to reflect current law and procedures
at least once every 2 years. Any parent who is deaf, or does
not normally communicate using spoken English, who
participates in a meeting with a representative of a local
educational agency for the purposes of developing an
individualized educational program shall be entitled to the
services of an interpreter. The State Board of Education must
adopt rules to establish the criteria, standards, and
competencies for a bilingual language interpreter who attends
an individualized education program meeting under this
subsection to assist a parent who has limited English
proficiency.
(g-5) For purposes of this subsection (g-5), "qualified
professional" means an individual who holds credentials to

evaluate the child in the domain or domains for which an
evaluation is sought or an intern working under the direct
supervision of a qualified professional, including a master's
or doctoral degree candidate.
To ensure that a parent can participate fully and
effectively with school personnel in the development of
appropriate educational and related services for his or her
child, the parent, an independent educational evaluator, or a
qualified professional retained by or on behalf of a parent or
child must be afforded reasonable access to educational
facilities, personnel, classrooms, and buildings and to the
child as provided in this subsection (g-5). The requirements
of this subsection (g-5) apply to any public school facility,
building, or program and to any facility, building, or program
supported in whole or in part by public funds. Prior to
visiting a school, school building, or school facility, the
parent, independent educational evaluator, or qualified
professional may be required by the school district to inform
the building principal or supervisor in writing of the
proposed visit, the purpose of the visit, and the approximate
duration of the visit. The visitor and the school district
shall arrange the visit or visits at times that are mutually
agreeable. Visitors shall comply with school safety, security,
and visitation policies at all times. School district
visitation policies must not conflict with this subsection
(g-5). Visitors shall be required to comply with the

requirements of applicable privacy laws, including those laws
protecting the confidentiality of education records such as
the federal Family Educational Rights and Privacy Act and the
Illinois School Student Records Act. The visitor shall not
disrupt the educational process.
(1) A parent must be afforded reasonable access of
sufficient duration and scope for the purpose of observing
his or her child in the child's current educational
placement, services, or program or for the purpose of
visiting an educational placement or program proposed for
the child.
(2) An independent educational evaluator or a
qualified professional retained by or on behalf of a
parent or child must be afforded reasonable access of
sufficient duration and scope for the purpose of
conducting an evaluation of the child, the child's
performance, the child's current educational program,
placement, services, or environment, or any educational
program, placement, services, or environment proposed for
the child, including interviews of educational personnel,
child observations, assessments, tests or assessments of
the child's educational program, services, or placement or
of any proposed educational program, services, or
placement. If one or more interviews of school personnel
are part of the evaluation, the interviews must be
conducted at a mutually agreed upon time, date, and place

that do not interfere with the school employee's school
duties. The school district may limit interviews to
personnel having information relevant to the child's
current educational services, program, or placement or to
a proposed educational service, program, or placement.
(Source: P.A. 101-124, eff. 1-1-20; 102-199, eff. 7-1-22;
102-264, eff. 8-6-21; 102-558, eff. 8-20-21; revised
10-14-21.)
(105 ILCS 5/14-17)
(Section scheduled to be repealed on December 31, 2022)
Sec. 14-17. High-Cost Special Education Funding
Commission.
(a) The High-Cost Special Education Funding Commission is
created for the purpose of making recommendations to the
Governor and the General Assembly for an alternative funding
structure in this State for high-cost special education
students that is aligned to the principles of the
evidence-based funding formula in Section 18-8.15 in which
school districts furthest away from adequacy receive the
greatest amount of funding.
(b) The Commission shall consist of all of the following
members:
(1) One representative appointed by the Speaker of the
House of Representatives, who shall serve as
co-chairperson.

(2) One representative appointed by the Minority
Leader of the House of Representatives.
(3) One senator appointed by the President of the
Senate, who shall serve as co-chairperson.
(4) One senator appointed by the Minority Leader of
the Senate.
(5) The State Superintendent of Education or a
designee.
(6) The Director of the Governor's Office of
Management and Budget or a designee.
(7) The Chairperson of the Advisory Council on the
Education of Children with Disabilities or a designee.
Additionally, within 60 days after July 23, 2021 (the
effective date of Public Act 102-150) this amendatory Act of
the 102nd General Assembly, the State Superintendent of
Education shall appoint all of the following individuals to
the Commission:
(A) One representative of a statewide association that
represents private special education schools.
(B) One representative of a statewide association that
represents special education cooperatives.
(C) One educator from a special education cooperative,
recommended by a statewide association that represents
teachers.
(D) One educator from a special education cooperative
that is not a member district of a special education

cooperative, recommended by a different statewide
association that represents teachers.
(E) One educator or administrator from a nonpublic
special education school.
(F) One representative of a statewide association that
represents school administrators.
(G) One representative of a statewide association that
represents school business officials.
(H) One representative of a statewide association that
represents private special education schools in rural
school districts.
(I) One representative from a residential program.
Members appointed to the Commission must reflect the
racial, ethnic, and geographic diversity of this State.
(c) Members of the Commission shall serve without
compensation, but may be reimbursed for their reasonable and
necessary expenses from funds appropriated to the State Board
of Education for that purpose.
(d) The State Board of Education shall provide
administrative support to the Commission.
(e) To ensure that high-quality services are provided to
ensure equitable outcomes for high-cost special education
students, the Commission shall do all the following:
(1) Review the current system of funding high-cost
special education students in this State.
(2) Review the needs of high-cost special education

students in this State and the associated costs to ensure
high-quality services are provided to these students.
(3) Review how other states fund high-cost special
education students.
(4) If available, review other proposals and best
practices for funding high-cost special education
students.
(f) On or before November 30, 2021, the Commission shall
report its recommendations to the Governor and the General
Assembly.
(g) This Section is repealed on December 31, 2022.
(Source: P.A. 102-150, eff. 7-23-21; revised 11-9-21.)
(105 ILCS 5/14-18)
Sec. 14-18 14-17. COVID-19 recovery post-secondary
transition recovery eligibility.
(a) If a student with an individualized education program
(IEP) reaches the age of 22 during the time in which the
student's in-person instruction, services, or activities are
suspended for a period of 3 months or more during the school
year as a result of the COVID-19 pandemic, the student is
eligible for such services up to the end of the regular
2021-2022 school year.
(b) This Section does not apply to any student who is no
longer a resident of the school district that was responsible
for the student's IEP at the time the student reached the

student's 22nd birthday.
(c) The IEP goals in effect when the student reached the
student's 22nd birthday shall be resumed unless there is an
agreement that the goals should be revised to appropriately
meet the student's current transition needs.
(d) If a student was in a private therapeutic day or
residential program when the student reached the student's
22nd birthday, the school district is not required to resume
that program for the student if the student has aged out of the
program or the funding for supporting the student's placement
in the facility is no longer available.
(e) Within 30 days after July 28, 2021 (the effective date
of Public Act 102-173) this amendatory Act of the 102nd
General Assembly, each school district shall provide
notification of the availability of services under this
Section to each student covered by this Section by regular
mail sent to the last known address of the student or the
student's parent or guardian.
(Source: P.A. 102-173, eff. 7-28-21; revised 11-9-21.)
(105 ILCS 5/18-8.15)
Sec. 18-8.15. Evidence-Based Funding for student success
for the 2017-2018 and subsequent school years.
(a) General provisions.
(1) The purpose of this Section is to ensure that, by
June 30, 2027 and beyond, this State has a kindergarten

through grade 12 public education system with the capacity
to ensure the educational development of all persons to
the limits of their capacities in accordance with Section
1 of Article X of the Constitution of the State of
Illinois. To accomplish that objective, this Section
creates a method of funding public education that is
evidence-based; is sufficient to ensure every student
receives a meaningful opportunity to learn irrespective of
race, ethnicity, sexual orientation, gender, or
community-income level; and is sustainable and
predictable. When fully funded under this Section, every
school shall have the resources, based on what the
evidence indicates is needed, to:
(A) provide all students with a high quality
education that offers the academic, enrichment, social
and emotional support, technical, and career-focused
programs that will allow them to become competitive
workers, responsible parents, productive citizens of
this State, and active members of our national
democracy;
(B) ensure all students receive the education they
need to graduate from high school with the skills
required to pursue post-secondary education and
training for a rewarding career;
(C) reduce, with a goal of eliminating, the
achievement gap between at-risk and non-at-risk

students by raising the performance of at-risk
students and not by reducing standards; and
(D) ensure this State satisfies its obligation to
assume the primary responsibility to fund public
education and simultaneously relieve the
disproportionate burden placed on local property taxes
to fund schools.
(2) The Evidence-Based Funding formula under this
Section shall be applied to all Organizational Units in
this State. The Evidence-Based Funding formula outlined in
this Act is based on the formula outlined in Senate Bill 1
of the 100th General Assembly, as passed by both
legislative chambers. As further defined and described in
this Section, there are 4 major components of the
Evidence-Based Funding model:
(A) First, the model calculates a unique Adequacy
Target for each Organizational Unit in this State that
considers the costs to implement research-based
activities, the unit's student demographics, and
regional wage differences.
(B) Second, the model calculates each
Organizational Unit's Local Capacity, or the amount
each Organizational Unit is assumed to contribute
toward its Adequacy Target from local resources.
(C) Third, the model calculates how much funding
the State currently contributes to the Organizational

Unit and adds that to the unit's Local Capacity to
determine the unit's overall current adequacy of
funding.
(D) Finally, the model's distribution method
allocates new State funding to those Organizational
Units that are least well-funded, considering both
Local Capacity and State funding, in relation to their
Adequacy Target.
(3) An Organizational Unit receiving any funding under
this Section may apply those funds to any fund so received
for which that Organizational Unit is authorized to make
expenditures by law.
(4) As used in this Section, the following terms shall
have the meanings ascribed in this paragraph (4):
"Adequacy Target" is defined in paragraph (1) of
subsection (b) of this Section.
"Adjusted EAV" is defined in paragraph (4) of
subsection (d) of this Section.
"Adjusted Local Capacity Target" is defined in
paragraph (3) of subsection (c) of this Section.
"Adjusted Operating Tax Rate" means a tax rate for all
Organizational Units, for which the State Superintendent
shall calculate and subtract for the Operating Tax Rate a
transportation rate based on total expenses for
transportation services under this Code, as reported on
the most recent Annual Financial Report in Pupil

Transportation Services, function 2550 in both the
Education and Transportation funds and functions 4110 and
4120 in the Transportation fund, less any corresponding
fiscal year State of Illinois scheduled payments excluding
net adjustments for prior years for regular, vocational,
or special education transportation reimbursement pursuant
to Section 29-5 or subsection (b) of Section 14-13.01 of
this Code divided by the Adjusted EAV. If an
Organizational Unit's corresponding fiscal year State of
Illinois scheduled payments excluding net adjustments for
prior years for regular, vocational, or special education
transportation reimbursement pursuant to Section 29-5 or
subsection (b) of Section 14-13.01 of this Code exceed the
total transportation expenses, as defined in this
paragraph, no transportation rate shall be subtracted from
the Operating Tax Rate.
"Allocation Rate" is defined in paragraph (3) of
subsection (g) of this Section.
"Alternative School" means a public school that is
created and operated by a regional superintendent of
schools and approved by the State Board.
"Applicable Tax Rate" is defined in paragraph (1) of
subsection (d) of this Section.
"Assessment" means any of those benchmark, progress
monitoring, formative, diagnostic, and other assessments,
in addition to the State accountability assessment, that

assist teachers' needs in understanding the skills and
meeting the needs of the students they serve.
"Assistant principal" means a school administrator
duly endorsed to be employed as an assistant principal in
this State.
"At-risk student" means a student who is at risk of
not meeting the Illinois Learning Standards or not
graduating from elementary or high school and who
demonstrates a need for vocational support or social
services beyond that provided by the regular school
program. All students included in an Organizational Unit's
Low-Income Count, as well as all English learner and
disabled students attending the Organizational Unit, shall
be considered at-risk students under this Section.
"Average Student Enrollment" or "ASE" for fiscal year
2018 means, for an Organizational Unit, the greater of the
average number of students (grades K through 12) reported
to the State Board as enrolled in the Organizational Unit
on October 1 in the immediately preceding school year,
plus the pre-kindergarten students who receive special
education services of 2 or more hours a day as reported to
the State Board on December 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1, plus the
pre-kindergarten students who receive special education

services of 2 or more hours a day as reported to the State
Board on December 1, for each of the immediately preceding
3 school years. For fiscal year 2019 and each subsequent
fiscal year, "Average Student Enrollment" or "ASE" means,
for an Organizational Unit, the greater of the average
number of students (grades K through 12) reported to the
State Board as enrolled in the Organizational Unit on
October 1 and March 1 in the immediately preceding school
year, plus the pre-kindergarten students who receive
special education services as reported to the State Board
on October 1 and March 1 in the immediately preceding
school year, or the average number of students (grades K
through 12) reported to the State Board as enrolled in the
Organizational Unit on October 1 and March 1, plus the
pre-kindergarten students who receive special education
services as reported to the State Board on October 1 and
March 1, for each of the immediately preceding 3 school
years. For the purposes of this definition, "enrolled in
the Organizational Unit" means the number of students
reported to the State Board who are enrolled in schools
within the Organizational Unit that the student attends or
would attend if not placed or transferred to another
school or program to receive needed services. For the
purposes of calculating "ASE", all students, grades K
through 12, excluding those attending kindergarten for a
half day and students attending an alternative education

program operated by a regional office of education or
intermediate service center, shall be counted as 1.0. All
students attending kindergarten for a half day shall be
counted as 0.5, unless in 2017 by June 15 or by March 1 in
subsequent years, the school district reports to the State
Board of Education the intent to implement full-day
kindergarten district-wide for all students, then all
students attending kindergarten shall be counted as 1.0.
Special education pre-kindergarten students shall be
counted as 0.5 each. If the State Board does not collect or
has not collected both an October 1 and March 1 enrollment
count by grade or a December 1 collection of special
education pre-kindergarten students as of August 31, 2017
(the effective date of Public Act 100-465), it shall
establish such collection for all future years. For any
year in which a count by grade level was collected only
once, that count shall be used as the single count
available for computing a 3-year average ASE. Funding for
programs operated by a regional office of education or an
intermediate service center must be calculated using the
Evidence-Based Funding formula under this Section for the
2019-2020 school year and each subsequent school year
until separate adequacy formulas are developed and adopted
for each type of program. ASE for a program operated by a
regional office of education or an intermediate service
center must be determined by the March 1 enrollment for

the program. For the 2019-2020 school year, the ASE used
in the calculation must be the first-year ASE and, in that
year only, the assignment of students served by a regional
office of education or intermediate service center shall
not result in a reduction of the March enrollment for any
school district. For the 2020-2021 school year, the ASE
must be the greater of the current-year ASE or the 2-year
average ASE. Beginning with the 2021-2022 school year, the
ASE must be the greater of the current-year ASE or the
3-year average ASE. School districts shall submit the data
for the ASE calculation to the State Board within 45 days
of the dates required in this Section for submission of
enrollment data in order for it to be included in the ASE
calculation. For fiscal year 2018 only, the ASE
calculation shall include only enrollment taken on October
1. In recognition of the impact of COVID-19, the
definition of "Average Student Enrollment" or "ASE" shall
be adjusted for calculations under this Section for fiscal
years 2022 through 2024. For fiscal years 2022 through
2024, the enrollment used in the calculation of ASE
representing the 2020-2021 school year shall be the
greater of the enrollment for the 2020-2021 school year or
the 2019-2020 school year.
"Base Funding Guarantee" is defined in paragraph (10)
of subsection (g) of this Section.
"Base Funding Minimum" is defined in subsection (e) of

this Section.
"Base Tax Year" means the property tax levy year used
to calculate the Budget Year allocation of primary State
aid.
"Base Tax Year's Extension" means the product of the
equalized assessed valuation utilized by the county clerk
in the Base Tax Year multiplied by the limiting rate as
calculated by the county clerk and defined in PTELL.
"Bilingual Education Allocation" means the amount of
an Organizational Unit's final Adequacy Target
attributable to bilingual education divided by the
Organizational Unit's final Adequacy Target, the product
of which shall be multiplied by the amount of new funding
received pursuant to this Section. An Organizational
Unit's final Adequacy Target attributable to bilingual
education shall include all additional investments in
English learner students' adequacy elements.
"Budget Year" means the school year for which primary
State aid is calculated and awarded under this Section.
"Central office" means individual administrators and
support service personnel charged with managing the
instructional programs, business and operations, and
security of the Organizational Unit.
"Comparable Wage Index" or "CWI" means a regional cost
differentiation metric that measures systemic, regional
variations in the salaries of college graduates who are

not educators. The CWI utilized for this Section shall,
for the first 3 years of Evidence-Based Funding
implementation, be the CWI initially developed by the
National Center for Education Statistics, as most recently
updated by Texas A & M University. In the fourth and
subsequent years of Evidence-Based Funding implementation,
the State Superintendent shall re-determine the CWI using
a similar methodology to that identified in the Texas A & M
University study, with adjustments made no less frequently
than once every 5 years.
"Computer technology and equipment" means computers
servers, notebooks, network equipment, copiers, printers,
instructional software, security software, curriculum
management courseware, and other similar materials and
equipment.
"Computer technology and equipment investment
allocation" means the final Adequacy Target amount of an
Organizational Unit assigned to Tier 1 or Tier 2 in the
prior school year attributable to the additional $285.50
per student computer technology and equipment investment
grant divided by the Organizational Unit's final Adequacy
Target, the result of which shall be multiplied by the
amount of new funding received pursuant to this Section.
An Organizational Unit assigned to a Tier 1 or Tier 2 final
Adequacy Target attributable to the received computer
technology and equipment investment grant shall include

all additional investments in computer technology and
equipment adequacy elements.
"Core subject" means mathematics; science; reading,
English, writing, and language arts; history and social
studies; world languages; and subjects taught as Advanced
Placement in high schools.
"Core teacher" means a regular classroom teacher in
elementary schools and teachers of a core subject in
middle and high schools.
"Core Intervention teacher (tutor)" means a licensed
teacher providing one-on-one or small group tutoring to
students struggling to meet proficiency in core subjects.
"CPPRT" means corporate personal property replacement
tax funds paid to an Organizational Unit during the
calendar year one year before the calendar year in which a
school year begins, pursuant to "An Act in relation to the
abolition of ad valorem personal property tax and the
replacement of revenues lost thereby, and amending and
repealing certain Acts and parts of Acts in connection
therewith", certified August 14, 1979, as amended (Public
Act 81-1st S.S.-1).
"EAV" means equalized assessed valuation as defined in
paragraph (2) of subsection (d) of this Section and
calculated in accordance with paragraph (3) of subsection
(d) of this Section.
"ECI" means the Bureau of Labor Statistics' national

employment cost index for civilian workers in educational
services in elementary and secondary schools on a
cumulative basis for the 12-month calendar year preceding
the fiscal year of the Evidence-Based Funding calculation.
"EIS Data" means the employment information system
data maintained by the State Board on educators within
Organizational Units.
"Employee benefits" means health, dental, and vision
insurance offered to employees of an Organizational Unit,
the costs associated with the statutorily required payment
of the normal cost of the Organizational Unit's teacher
pensions, Social Security employer contributions, and
Illinois Municipal Retirement Fund employer contributions.
"English learner" or "EL" means a child included in
the definition of "English learners" under Section 14C-2
of this Code participating in a program of transitional
bilingual education or a transitional program of
instruction meeting the requirements and program
application procedures of Article 14C of this Code. For
the purposes of collecting the number of EL students
enrolled, the same collection and calculation methodology
as defined above for "ASE" shall apply to English
learners, with the exception that EL student enrollment
shall include students in grades pre-kindergarten through
12.
"Essential Elements" means those elements, resources,

and educational programs that have been identified through
academic research as necessary to improve student success,
improve academic performance, close achievement gaps, and
provide for other per student costs related to the
delivery and leadership of the Organizational Unit, as
well as the maintenance and operations of the unit, and
which are specified in paragraph (2) of subsection (b) of
this Section.
"Evidence-Based Funding" means State funding provided
to an Organizational Unit pursuant to this Section.
"Extended day" means academic and enrichment programs
provided to students outside the regular school day before
and after school or during non-instructional times during
the school day.
"Extension Limitation Ratio" means a numerical ratio
in which the numerator is the Base Tax Year's Extension
and the denominator is the Preceding Tax Year's Extension.
"Final Percent of Adequacy" is defined in paragraph
(4) of subsection (f) of this Section.
"Final Resources" is defined in paragraph (3) of
subsection (f) of this Section.
"Full-time equivalent" or "FTE" means the full-time
equivalency compensation for staffing the relevant
position at an Organizational Unit.
"Funding Gap" is defined in paragraph (1) of
subsection (g).

"Hybrid District" means a partial elementary unit
district created pursuant to Article 11E of this Code.
"Instructional assistant" means a core or special
education, non-licensed employee who assists a teacher in
the classroom and provides academic support to students.
"Instructional facilitator" means a qualified teacher
or licensed teacher leader who facilitates and coaches
continuous improvement in classroom instruction; provides
instructional support to teachers in the elements of
research-based instruction or demonstrates the alignment
of instruction with curriculum standards and assessment
tools; develops or coordinates instructional programs or
strategies; develops and implements training; chooses
standards-based instructional materials; provides
teachers with an understanding of current research; serves
as a mentor, site coach, curriculum specialist, or lead
teacher; or otherwise works with fellow teachers, in
collaboration, to use data to improve instructional
practice or develop model lessons.
"Instructional materials" means relevant
instructional materials for student instruction,
including, but not limited to, textbooks, consumable
workbooks, laboratory equipment, library books, and other
similar materials.
"Laboratory School" means a public school that is
created and operated by a public university and approved

by the State Board.
"Librarian" means a teacher with an endorsement as a
library information specialist or another individual whose
primary responsibility is overseeing library resources
within an Organizational Unit.
"Limiting rate for Hybrid Districts" means the
combined elementary school and high school limiting rates.
"Local Capacity" is defined in paragraph (1) of
subsection (c) of this Section.
"Local Capacity Percentage" is defined in subparagraph
(A) of paragraph (2) of subsection (c) of this Section.
"Local Capacity Ratio" is defined in subparagraph (B)
of paragraph (2) of subsection (c) of this Section.
"Local Capacity Target" is defined in paragraph (2) of
subsection (c) of this Section.
"Low-Income Count" means, for an Organizational Unit
in a fiscal year, the higher of the average number of
students for the prior school year or the immediately
preceding 3 school years who, as of July 1 of the
immediately preceding fiscal year (as determined by the
Department of Human Services), are eligible for at least
one of the following low-income programs: Medicaid, the
Children's Health Insurance Program, Temporary Assistance
for Needy Families (TANF), or the Supplemental Nutrition
Assistance Program, excluding pupils who are eligible for
services provided by the Department of Children and Family

Services. Until such time that grade level low-income
populations become available, grade level low-income
populations shall be determined by applying the low-income
percentage to total student enrollments by grade level.
The low-income percentage is determined by dividing the
Low-Income Count by the Average Student Enrollment. The
low-income percentage for programs operated by a regional
office of education or an intermediate service center must
be set to the weighted average of the low-income
percentages of all of the school districts in the service
region. The weighted low-income percentage is the result
of multiplying the low-income percentage of each school
district served by the regional office of education or
intermediate service center by each school district's
Average Student Enrollment, summarizing those products and
dividing the total by the total Average Student Enrollment
for the service region.
"Maintenance and operations" means custodial services,
facility and ground maintenance, facility operations,
facility security, routine facility repairs, and other
similar services and functions.
"Minimum Funding Level" is defined in paragraph (9) of
subsection (g) of this Section.
"New Property Tax Relief Pool Funds" means, for any
given fiscal year, all State funds appropriated under
Section 2-3.170 of this Code.

"New State Funds" means, for a given school year, all
State funds appropriated for Evidence-Based Funding in
excess of the amount needed to fund the Base Funding
Minimum for all Organizational Units in that school year.
"Net State Contribution Target" means, for a given
school year, the amount of State funds that would be
necessary to fully meet the Adequacy Target of an
Operational Unit minus the Preliminary Resources available
to each unit.
"Nurse" means an individual licensed as a certified
school nurse, in accordance with the rules established for
nursing services by the State Board, who is an employee of
and is available to provide health care-related services
for students of an Organizational Unit.
"Operating Tax Rate" means the rate utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
For Hybrid Districts, the Operating Tax Rate shall be the
combined elementary and high school rates utilized in the
previous year to extend property taxes for all purposes,
except Bond and Interest, Summer School, Rent, Capital
Improvement, and Vocational Education Building purposes.
"Organizational Unit" means a Laboratory School or any
public school district that is recognized as such by the
State Board and that contains elementary schools typically

serving kindergarten through 5th grades, middle schools
typically serving 6th through 8th grades, high schools
typically serving 9th through 12th grades, a program
established under Section 2-3.66 or 2-3.41, or a program
operated by a regional office of education or an
intermediate service center under Article 13A or 13B. The
General Assembly acknowledges that the actual grade levels
served by a particular Organizational Unit may vary
slightly from what is typical.
"Organizational Unit CWI" is determined by calculating
the CWI in the region and original county in which an
Organizational Unit's primary administrative office is
located as set forth in this paragraph, provided that if
the Organizational Unit CWI as calculated in accordance
with this paragraph is less than 0.9, the Organizational
Unit CWI shall be increased to 0.9. Each county's current
CWI value shall be adjusted based on the CWI value of that
county's neighboring Illinois counties, to create a
"weighted adjusted index value". This shall be calculated
by summing the CWI values of all of a county's adjacent
Illinois counties and dividing by the number of adjacent
Illinois counties, then taking the weighted value of the
original county's CWI value and the adjacent Illinois
county average. To calculate this weighted value, if the
number of adjacent Illinois counties is greater than 2,
the original county's CWI value will be weighted at 0.25

and the adjacent Illinois county average will be weighted
at 0.75. If the number of adjacent Illinois counties is 2,
the original county's CWI value will be weighted at 0.33
and the adjacent Illinois county average will be weighted
at 0.66. The greater of the county's current CWI value and
its weighted adjusted index value shall be used as the
Organizational Unit CWI.
"Preceding Tax Year" means the property tax levy year
immediately preceding the Base Tax Year.
"Preceding Tax Year's Extension" means the product of
the equalized assessed valuation utilized by the county
clerk in the Preceding Tax Year multiplied by the
Operating Tax Rate.
"Preliminary Percent of Adequacy" is defined in
paragraph (2) of subsection (f) of this Section.
"Preliminary Resources" is defined in paragraph (2) of
subsection (f) of this Section.
"Principal" means a school administrator duly endorsed
to be employed as a principal in this State.
"Professional development" means training programs for
licensed staff in schools, including, but not limited to,
programs that assist in implementing new curriculum
programs, provide data focused or academic assessment data
training to help staff identify a student's weaknesses and
strengths, target interventions, improve instruction,
encompass instructional strategies for English learner,

gifted, or at-risk students, address inclusivity, cultural
sensitivity, or implicit bias, or otherwise provide
professional support for licensed staff.
"Prototypical" means 450 special education
pre-kindergarten and kindergarten through grade 5 students
for an elementary school, 450 grade 6 through 8 students
for a middle school, and 600 grade 9 through 12 students
for a high school.
"PTELL" means the Property Tax Extension Limitation
Law.
"PTELL EAV" is defined in paragraph (4) of subsection
(d) of this Section.
"Pupil support staff" means a nurse, psychologist,
social worker, family liaison personnel, or other staff
member who provides support to at-risk or struggling
students.
"Real Receipts" is defined in paragraph (1) of
subsection (d) of this Section.
"Regionalization Factor" means, for a particular
Organizational Unit, the figure derived by dividing the
Organizational Unit CWI by the Statewide Weighted CWI.
"School counselor" means a licensed school counselor
who provides guidance and counseling support for students
within an Organizational Unit.
"School site staff" means the primary school secretary
and any additional clerical personnel assigned to a

school.
"Special education" means special educational
facilities and services, as defined in Section 14-1.08 of
this Code.
"Special Education Allocation" means the amount of an
Organizational Unit's final Adequacy Target attributable
to special education divided by the Organizational Unit's
final Adequacy Target, the product of which shall be
multiplied by the amount of new funding received pursuant
to this Section. An Organizational Unit's final Adequacy
Target attributable to special education shall include all
special education investment adequacy elements.
"Specialist teacher" means a teacher who provides
instruction in subject areas not included in core
subjects, including, but not limited to, art, music,
physical education, health, driver education,
career-technical education, and such other subject areas
as may be mandated by State law or provided by an
Organizational Unit.
"Specially Funded Unit" means an Alternative School,
safe school, Department of Juvenile Justice school,
special education cooperative or entity recognized by the
State Board as a special education cooperative,
State-approved charter school, or alternative learning
opportunities program that received direct funding from
the State Board during the 2016-2017 school year through

any of the funding sources included within the calculation
of the Base Funding Minimum or Glenwood Academy.
"Supplemental Grant Funding" means supplemental
general State aid funding received by an Organizational
Unit during the 2016-2017 school year pursuant to
subsection (H) of Section 18-8.05 of this Code (now
repealed).
"State Adequacy Level" is the sum of the Adequacy
Targets of all Organizational Units.
"State Board" means the State Board of Education.
"State Superintendent" means the State Superintendent
of Education.
"Statewide Weighted CWI" means a figure determined by
multiplying each Organizational Unit CWI times the ASE for
that Organizational Unit creating a weighted value,
summing all Organizational Units' weighted values, and
dividing by the total ASE of all Organizational Units,
thereby creating an average weighted index.
"Student activities" means non-credit producing
after-school programs, including, but not limited to,
clubs, bands, sports, and other activities authorized by
the school board of the Organizational Unit.
"Substitute teacher" means an individual teacher or
teaching assistant who is employed by an Organizational
Unit and is temporarily serving the Organizational Unit on
a per diem or per period-assignment basis to replace

another staff member.
"Summer school" means academic and enrichment programs
provided to students during the summer months outside of
the regular school year.
"Supervisory aide" means a non-licensed staff member
who helps in supervising students of an Organizational
Unit, but does so outside of the classroom, in situations
such as, but not limited to, monitoring hallways and
playgrounds, supervising lunchrooms, or supervising
students when being transported in buses serving the
Organizational Unit.
"Target Ratio" is defined in paragraph (4) of
subsection (g).
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
in paragraph (3) of subsection (g).
"Tier 1 Aggregate Funding", "Tier 2 Aggregate
Funding", "Tier 3 Aggregate Funding", and "Tier 4
Aggregate Funding" are defined in paragraph (1) of
subsection (g).
(b) Adequacy Target calculation.
(1) Each Organizational Unit's Adequacy Target is the
sum of the Organizational Unit's cost of providing
Essential Elements, as calculated in accordance with this
subsection (b), with the salary amounts in the Essential
Elements multiplied by a Regionalization Factor calculated
pursuant to paragraph (3) of this subsection (b).

(2) The Essential Elements are attributable on a pro
rata basis related to defined subgroups of the ASE of each
Organizational Unit as specified in this paragraph (2),
with investments and FTE positions pro rata funded based
on ASE counts in excess of or less than the thresholds set
forth in this paragraph (2). The method for calculating
attributable pro rata costs and the defined subgroups
thereto are as follows:
(A) Core class size investments. Each
Organizational Unit shall receive the funding required
to support that number of FTE core teacher positions
as is needed to keep the respective class sizes of the
Organizational Unit to the following maximum numbers:
(i) For grades kindergarten through 3, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
15 Low-Income Count students in those grades and
one FTE core teacher position for every 20
non-Low-Income Count students in those grades.
(ii) For grades 4 through 12, the
Organizational Unit shall receive funding required
to support one FTE core teacher position for every
20 Low-Income Count students in those grades and
one FTE core teacher position for every 25
non-Low-Income Count students in those grades.
The number of non-Low-Income Count students in a

grade shall be determined by subtracting the
Low-Income students in that grade from the ASE of the
Organizational Unit for that grade.
(B) Specialist teacher investments. Each
Organizational Unit shall receive the funding needed
to cover that number of FTE specialist teacher
positions that correspond to the following
percentages:
(i) if the Organizational Unit operates an
elementary or middle school, then 20.00% of the
number of the Organizational Unit's core teachers,
as determined under subparagraph (A) of this
paragraph (2); and
(ii) if such Organizational Unit operates a
high school, then 33.33% of the number of the
Organizational Unit's core teachers.
(C) Instructional facilitator investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE instructional facilitator position
for every 200 combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students of the Organizational Unit.
(D) Core intervention teacher (tutor) investments.
Each Organizational Unit shall receive the funding
needed to cover one FTE teacher position for each
prototypical elementary, middle, and high school.

(E) Substitute teacher investments. Each
Organizational Unit shall receive the funding needed
to cover substitute teacher costs that is equal to
5.70% of the minimum pupil attendance days required
under Section 10-19 of this Code for all full-time
equivalent core, specialist, and intervention
teachers, school nurses, special education teachers
and instructional assistants, instructional
facilitators, and summer school and extended day
teacher positions, as determined under this paragraph
(2), at a salary rate of 33.33% of the average salary
for grade K through 12 teachers and 33.33% of the
average salary of each instructional assistant
position.
(F) Core school counselor investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE school counselor for each 450
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 5
students, plus one FTE school counselor for each 250
grades 6 through 8 ASE middle school students, plus
one FTE school counselor for each 250 grades 9 through
12 ASE high school students.
(G) Nurse investments. Each Organizational Unit
shall receive the funding needed to cover one FTE
nurse for each 750 combined ASE of pre-kindergarten

children with disabilities and all kindergarten
through grade 12 students across all grade levels it
serves.
(H) Supervisory aide investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE for each 225 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE
for each 225 ASE middle school students, plus one FTE
for each 200 ASE high school students.
(I) Librarian investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
librarian for each prototypical elementary school,
middle school, and high school and one FTE aide or
media technician for every 300 combined ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 12 students.
(J) Principal investments. Each Organizational
Unit shall receive the funding needed to cover one FTE
principal position for each prototypical elementary
school, plus one FTE principal position for each
prototypical middle school, plus one FTE principal
position for each prototypical high school.
(K) Assistant principal investments. Each
Organizational Unit shall receive the funding needed
to cover one FTE assistant principal position for each

prototypical elementary school, plus one FTE assistant
principal position for each prototypical middle
school, plus one FTE assistant principal position for
each prototypical high school.
(L) School site staff investments. Each
Organizational Unit shall receive the funding needed
for one FTE position for each 225 ASE of
pre-kindergarten children with disabilities and all
kindergarten through grade 5 students, plus one FTE
position for each 225 ASE middle school students, plus
one FTE position for each 200 ASE high school
students.
(M) Gifted investments. Each Organizational Unit
shall receive $40 per kindergarten through grade 12
ASE.
(N) Professional development investments. Each
Organizational Unit shall receive $125 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for trainers and other professional
development-related expenses for supplies and
materials.
(O) Instructional material investments. Each
Organizational Unit shall receive $190 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12

students to cover instructional material costs.
(P) Assessment investments. Each Organizational
Unit shall receive $25 per student of the combined ASE
of pre-kindergarten children with disabilities and all
kindergarten through grade 12 students to cover
assessment costs.
(Q) Computer technology and equipment investments.
Each Organizational Unit shall receive $285.50 per
student of the combined ASE of pre-kindergarten
children with disabilities and all kindergarten
through grade 12 students to cover computer technology
and equipment costs. For the 2018-2019 school year and
subsequent school years, Organizational Units assigned
to Tier 1 and Tier 2 in the prior school year shall
receive an additional $285.50 per student of the
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover computer technology and equipment
costs in the Organizational Unit's Adequacy Target.
The State Board may establish additional requirements
for Organizational Unit expenditures of funds received
pursuant to this subparagraph (Q), including a
requirement that funds received pursuant to this
subparagraph (Q) may be used only for serving the
technology needs of the district. It is the intent of
Public Act 100-465 that all Tier 1 and Tier 2 districts

receive the addition to their Adequacy Target in the
following year, subject to compliance with the
requirements of the State Board.
(R) Student activities investments. Each
Organizational Unit shall receive the following
funding amounts to cover student activities: $100 per
kindergarten through grade 5 ASE student in elementary
school, plus $200 per ASE student in middle school,
plus $675 per ASE student in high school.
(S) Maintenance and operations investments. Each
Organizational Unit shall receive $1,038 per student
of the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students for day-to-day maintenance and operations
expenditures, including salary, supplies, and
materials, as well as purchased services, but
excluding employee benefits. The proportion of salary
for the application of a Regionalization Factor and
the calculation of benefits is equal to $352.92.
(T) Central office investments. Each
Organizational Unit shall receive $742 per student of
the combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students to cover central office operations, including
administrators and classified personnel charged with
managing the instructional programs, business and

operations of the school district, and security
personnel. The proportion of salary for the
application of a Regionalization Factor and the
calculation of benefits is equal to $368.48.
(U) Employee benefit investments. Each
Organizational Unit shall receive 30% of the total of
all salary-calculated elements of the Adequacy Target,
excluding substitute teachers and student activities
investments, to cover benefit costs. For central
office and maintenance and operations investments, the
benefit calculation shall be based upon the salary
proportion of each investment. If at any time the
responsibility for funding the employer normal cost of
teacher pensions is assigned to school districts, then
that amount certified by the Teachers' Retirement
System of the State of Illinois to be paid by the
Organizational Unit for the preceding school year
shall be added to the benefit investment. For any
fiscal year in which a school district organized under
Article 34 of this Code is responsible for paying the
employer normal cost of teacher pensions, then that
amount of its employer normal cost plus the amount for
retiree health insurance as certified by the Public
School Teachers' Pension and Retirement Fund of
Chicago to be paid by the school district for the
preceding school year that is statutorily required to

cover employer normal costs and the amount for retiree
health insurance shall be added to the 30% specified
in this subparagraph (U). The Teachers' Retirement
System of the State of Illinois and the Public School
Teachers' Pension and Retirement Fund of Chicago shall
submit such information as the State Superintendent
may require for the calculations set forth in this
subparagraph (U).
(V) Additional investments in low-income students.
In addition to and not in lieu of all other funding
under this paragraph (2), each Organizational Unit
shall receive funding based on the average teacher
salary for grades K through 12 to cover the costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 Low-Income Count students;
(ii) one FTE pupil support staff position for
every 125 Low-Income Count students;
(iii) one FTE extended day teacher position
for every 120 Low-Income Count students; and
(iv) one FTE summer school teacher position
for every 120 Low-Income Count students.
(W) Additional investments in English learner
students. In addition to and not in lieu of all other
funding under this paragraph (2), each Organizational
Unit shall receive funding based on the average
teacher salary for grades K through 12 to cover the

costs of:
(i) one FTE intervention teacher (tutor)
position for every 125 English learner students;
(ii) one FTE pupil support staff position for
every 125 English learner students;
(iii) one FTE extended day teacher position
for every 120 English learner students;
(iv) one FTE summer school teacher position
for every 120 English learner students; and
(v) one FTE core teacher position for every
100 English learner students.
(X) Special education investments. Each
Organizational Unit shall receive funding based on the
average teacher salary for grades K through 12 to
cover special education as follows:
(i) one FTE teacher position for every 141
combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students;
(ii) one FTE instructional assistant for every
141 combined ASE of pre-kindergarten children with
disabilities and all kindergarten through grade 12
students; and
(iii) one FTE psychologist position for every
1,000 combined ASE of pre-kindergarten children
with disabilities and all kindergarten through

grade 12 students.
(3) For calculating the salaries included within the
Essential Elements, the State Superintendent shall
annually calculate average salaries to the nearest dollar
using the employment information system data maintained by
the State Board, limited to public schools only and
excluding special education and vocational cooperatives,
schools operated by the Department of Juvenile Justice,
and charter schools, for the following positions:
(A) Teacher for grades K through 8.
(B) Teacher for grades 9 through 12.
(C) Teacher for grades K through 12.
(D) School counselor for grades K through 8.
(E) School counselor for grades 9 through 12.
(F) School counselor for grades K through 12.
(G) Social worker.
(H) Psychologist.
(I) Librarian.
(J) Nurse.
(K) Principal.
(L) Assistant principal.
For the purposes of this paragraph (3), "teacher"
includes core teachers, specialist and elective teachers,
instructional facilitators, tutors, special education
teachers, pupil support staff teachers, English learner
teachers, extended day teachers, and summer school

teachers. Where specific grade data is not required for
the Essential Elements, the average salary for
corresponding positions shall apply. For substitute
teachers, the average teacher salary for grades K through
12 shall apply.
For calculating the salaries included within the
Essential Elements for positions not included within EIS
Data, the following salaries shall be used in the first
year of implementation of Evidence-Based Funding:
(i) school site staff, $30,000; and
(ii) non-instructional assistant, instructional
assistant, library aide, library media tech, or
supervisory aide: $25,000.
In the second and subsequent years of implementation
of Evidence-Based Funding, the amounts in items (i) and
(ii) of this paragraph (3) shall annually increase by the
ECI.
The salary amounts for the Essential Elements
determined pursuant to subparagraphs (A) through (L), (S)
and (T), and (V) through (X) of paragraph (2) of
subsection (b) of this Section shall be multiplied by a
Regionalization Factor.
(c) Local Capacity calculation.
(1) Each Organizational Unit's Local Capacity
represents an amount of funding it is assumed to
contribute toward its Adequacy Target for purposes of the

Evidence-Based Funding formula calculation. "Local
Capacity" means either (i) the Organizational Unit's Local
Capacity Target as calculated in accordance with paragraph
(2) of this subsection (c) if its Real Receipts are equal
to or less than its Local Capacity Target or (ii) the
Organizational Unit's Adjusted Local Capacity, as
calculated in accordance with paragraph (3) of this
subsection (c) if Real Receipts are more than its Local
Capacity Target.
(2) "Local Capacity Target" means, for an
Organizational Unit, that dollar amount that is obtained
by multiplying its Adequacy Target by its Local Capacity
Ratio.
(A) An Organizational Unit's Local Capacity
Percentage is the conversion of the Organizational
Unit's Local Capacity Ratio, as such ratio is
determined in accordance with subparagraph (B) of this
paragraph (2), into a cumulative distribution
resulting in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The calculation of
Local Capacity Percentage is described in subparagraph
(C) of this paragraph (2).
(B) An Organizational Unit's Local Capacity Ratio
in a given year is the percentage obtained by dividing
its Adjusted EAV or PTELL EAV, whichever is less, by

its Adequacy Target, with the resulting ratio further
adjusted as follows:
(i) for Organizational Units serving grades
kindergarten through 12 and Hybrid Districts, no
further adjustments shall be made;
(ii) for Organizational Units serving grades
kindergarten through 8, the ratio shall be
multiplied by 9/13;
(iii) for Organizational Units serving grades
9 through 12, the Local Capacity Ratio shall be
multiplied by 4/13; and
(iv) for an Organizational Unit with a
different grade configuration than those specified
in items (i) through (iii) of this subparagraph
(B), the State Superintendent shall determine a
comparable adjustment based on the grades served.
(C) The Local Capacity Percentage is equal to the
percentile ranking of the district. Local Capacity
Percentage converts each Organizational Unit's Local
Capacity Ratio to a cumulative distribution resulting
in a percentile ranking to determine each
Organizational Unit's relative position to all other
Organizational Units in this State. The Local Capacity
Percentage cumulative distribution resulting in a
percentile ranking for each Organizational Unit shall
be calculated using the standard normal distribution

of the score in relation to the weighted mean and
weighted standard deviation and Local Capacity Ratios
of all Organizational Units. If the value assigned to
any Organizational Unit is in excess of 90%, the value
shall be adjusted to 90%. For Laboratory Schools, the
Local Capacity Percentage shall be set at 10% in
recognition of the absence of EAV and resources from
the public university that are allocated to the
Laboratory School. For programs operated by a regional
office of education or an intermediate service center,
the Local Capacity Percentage must be set at 10% in
recognition of the absence of EAV and resources from
school districts that are allocated to the regional
office of education or intermediate service center.
The weighted mean for the Local Capacity Percentage
shall be determined by multiplying each Organizational
Unit's Local Capacity Ratio times the ASE for the unit
creating a weighted value, summing the weighted values
of all Organizational Units, and dividing by the total
ASE of all Organizational Units. The weighted standard
deviation shall be determined by taking the square
root of the weighted variance of all Organizational
Units' Local Capacity Ratio, where the variance is
calculated by squaring the difference between each
unit's Local Capacity Ratio and the weighted mean,
then multiplying the variance for each unit times the

ASE for the unit to create a weighted variance for each
unit, then summing all units' weighted variance and
dividing by the total ASE of all units.
(D) For any Organizational Unit, the
Organizational Unit's Adjusted Local Capacity Target
shall be reduced by either (i) the school board's
remaining contribution pursuant to paragraph (ii) of
subsection (b-4) of Section 16-158 of the Illinois
Pension Code in a given year or (ii) the board of
education's remaining contribution pursuant to
paragraph (iv) of subsection (b) of Section 17-129 of
the Illinois Pension Code absent the employer normal
cost portion of the required contribution and amount
allowed pursuant to subdivision (3) of Section
17-142.1 of the Illinois Pension Code in a given year.
In the preceding sentence, item (i) shall be certified
to the State Board of Education by the Teachers'
Retirement System of the State of Illinois and item
(ii) shall be certified to the State Board of
Education by the Public School Teachers' Pension and
Retirement Fund of the City of Chicago.
(3) If an Organizational Unit's Real Receipts are more
than its Local Capacity Target, then its Local Capacity
shall equal an Adjusted Local Capacity Target as
calculated in accordance with this paragraph (3). The
Adjusted Local Capacity Target is calculated as the sum of

the Organizational Unit's Local Capacity Target and its
Real Receipts Adjustment. The Real Receipts Adjustment
equals the Organizational Unit's Real Receipts less its
Local Capacity Target, with the resulting figure
multiplied by the Local Capacity Percentage.
As used in this paragraph (3), "Real Percent of
Adequacy" means the sum of an Organizational Unit's Real
Receipts, CPPRT, and Base Funding Minimum, with the
resulting figure divided by the Organizational Unit's
Adequacy Target.
(d) Calculation of Real Receipts, EAV, and Adjusted EAV
for purposes of the Local Capacity calculation.
(1) An Organizational Unit's Real Receipts are the
product of its Applicable Tax Rate and its Adjusted EAV.
An Organizational Unit's Applicable Tax Rate is its
Adjusted Operating Tax Rate for property within the
Organizational Unit.
(2) The State Superintendent shall calculate the
equalized assessed valuation, or EAV, of all taxable
property of each Organizational Unit as of September 30 of
the previous year in accordance with paragraph (3) of this
subsection (d). The State Superintendent shall then
determine the Adjusted EAV of each Organizational Unit in
accordance with paragraph (4) of this subsection (d),
which Adjusted EAV figure shall be used for the purposes
of calculating Local Capacity.

(3) To calculate Real Receipts and EAV, the Department
of Revenue shall supply to the State Superintendent the
value as equalized or assessed by the Department of
Revenue of all taxable property of every Organizational
Unit, together with (i) the applicable tax rate used in
extending taxes for the funds of the Organizational Unit
as of September 30 of the previous year and (ii) the
limiting rate for all Organizational Units subject to
property tax extension limitations as imposed under PTELL.
(A) The Department of Revenue shall add to the
equalized assessed value of all taxable property of
each Organizational Unit situated entirely or
partially within a county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property
Tax Code (i) an amount equal to the total amount by
which the homestead exemption allowed under Section
15-176 or 15-177 of the Property Tax Code for real
property situated in that Organizational Unit exceeds
the total amount that would have been allowed in that
Organizational Unit if the maximum reduction under
Section 15-176 was (I) $4,500 in Cook County or $3,500
in all other counties in tax year 2003 or (II) $5,000
in all counties in tax year 2004 and thereafter and
(ii) an amount equal to the aggregate amount for the
taxable year of all additional exemptions under
Section 15-175 of the Property Tax Code for owners

with a household income of $30,000 or less. The county
clerk of any county that is or was subject to the
provisions of Section 15-176 or 15-177 of the Property
Tax Code shall annually calculate and certify to the
Department of Revenue for each Organizational Unit all
homestead exemption amounts under Section 15-176 or
15-177 of the Property Tax Code and all amounts of
additional exemptions under Section 15-175 of the
Property Tax Code for owners with a household income
of $30,000 or less. It is the intent of this
subparagraph (A) that if the general homestead
exemption for a parcel of property is determined under
Section 15-176 or 15-177 of the Property Tax Code
rather than Section 15-175, then the calculation of
EAV shall not be affected by the difference, if any,
between the amount of the general homestead exemption
allowed for that parcel of property under Section
15-176 or 15-177 of the Property Tax Code and the
amount that would have been allowed had the general
homestead exemption for that parcel of property been
determined under Section 15-175 of the Property Tax
Code. It is further the intent of this subparagraph
(A) that if additional exemptions are allowed under
Section 15-175 of the Property Tax Code for owners
with a household income of less than $30,000, then the
calculation of EAV shall not be affected by the

difference, if any, because of those additional
exemptions.
(B) With respect to any part of an Organizational
Unit within a redevelopment project area in respect to
which a municipality has adopted tax increment
allocation financing pursuant to the Tax Increment
Allocation Redevelopment Act, Division 74.4 of Article
11 of the Illinois Municipal Code, or the Industrial
Jobs Recovery Law, Division 74.6 of Article 11 of the
Illinois Municipal Code, no part of the current EAV of
real property located in any such project area that is
attributable to an increase above the total initial
EAV of such property shall be used as part of the EAV
of the Organizational Unit, until such time as all
redevelopment project costs have been paid, as
provided in Section 11-74.4-8 of the Tax Increment
Allocation Redevelopment Act or in Section 11-74.6-35
of the Industrial Jobs Recovery Law. For the purpose
of the EAV of the Organizational Unit, the total
initial EAV or the current EAV, whichever is lower,
shall be used until such time as all redevelopment
project costs have been paid.
(B-5) The real property equalized assessed
valuation for a school district shall be adjusted by
subtracting from the real property value, as equalized
or assessed by the Department of Revenue, for the

district an amount computed by dividing the amount of
any abatement of taxes under Section 18-170 of the
Property Tax Code by 3.00% for a district maintaining
grades kindergarten through 12, by 2.30% for a
district maintaining grades kindergarten through 8, or
by 1.05% for a district maintaining grades 9 through
12 and adjusted by an amount computed by dividing the
amount of any abatement of taxes under subsection (a)
of Section 18-165 of the Property Tax Code by the same
percentage rates for district type as specified in
this subparagraph (B-5).
(C) For Organizational Units that are Hybrid
Districts, the State Superintendent shall use the
lesser of the adjusted equalized assessed valuation
for property within the partial elementary unit
district for elementary purposes, as defined in
Article 11E of this Code, or the adjusted equalized
assessed valuation for property within the partial
elementary unit district for high school purposes, as
defined in Article 11E of this Code.
(4) An Organizational Unit's Adjusted EAV shall be the
average of its EAV over the immediately preceding 3 years
or its EAV in the immediately preceding year if the EAV in
the immediately preceding year has declined by 10% or more
compared to the 3-year average. In the event of
Organizational Unit reorganization, consolidation, or

annexation, the Organizational Unit's Adjusted EAV for the
first 3 years after such change shall be as follows: the
most current EAV shall be used in the first year, the
average of a 2-year EAV or its EAV in the immediately
preceding year if the EAV declines by 10% or more compared
to the 2-year average for the second year, and a 3-year
average EAV or its EAV in the immediately preceding year
if the Adjusted EAV declines by 10% or more compared to the
3-year average for the third year. For any school district
whose EAV in the immediately preceding year is used in
calculations, in the following year, the Adjusted EAV
shall be the average of its EAV over the immediately
preceding 2 years or the immediately preceding year if
that year represents a decline of 10% or more compared to
the 2-year average.
"PTELL EAV" means a figure calculated by the State
Board for Organizational Units subject to PTELL as
described in this paragraph (4) for the purposes of
calculating an Organizational Unit's Local Capacity Ratio.
Except as otherwise provided in this paragraph (4), the
PTELL EAV of an Organizational Unit shall be equal to the
product of the equalized assessed valuation last used in
the calculation of general State aid under Section 18-8.05
of this Code (now repealed) or Evidence-Based Funding
under this Section and the Organizational Unit's Extension
Limitation Ratio. If an Organizational Unit has approved

or does approve an increase in its limiting rate, pursuant
to Section 18-190 of the Property Tax Code, affecting the
Base Tax Year, the PTELL EAV shall be equal to the product
of the equalized assessed valuation last used in the
calculation of general State aid under Section 18-8.05 of
this Code (now repealed) or Evidence-Based Funding under
this Section multiplied by an amount equal to one plus the
percentage increase, if any, in the Consumer Price Index
for All Urban Consumers for all items published by the
United States Department of Labor for the 12-month
calendar year preceding the Base Tax Year, plus the
equalized assessed valuation of new property, annexed
property, and recovered tax increment value and minus the
equalized assessed valuation of disconnected property.
As used in this paragraph (4), "new property" and
"recovered tax increment value" shall have the meanings
set forth in the Property Tax Extension Limitation Law.
(e) Base Funding Minimum calculation.
(1) For the 2017-2018 school year, the Base Funding
Minimum of an Organizational Unit or a Specially Funded
Unit shall be the amount of State funds distributed to the
Organizational Unit or Specially Funded Unit during the
2016-2017 school year prior to any adjustments and
specified appropriation amounts described in this
paragraph (1) from the following Sections, as calculated
by the State Superintendent: Section 18-8.05 of this Code

(now repealed); Section 5 of Article 224 of Public Act
99-524 (equity grants); Section 14-7.02b of this Code
(funding for children requiring special education
services); Section 14-13.01 of this Code (special
education facilities and staffing), except for
reimbursement of the cost of transportation pursuant to
Section 14-13.01; Section 14C-12 of this Code (English
learners); and Section 18-4.3 of this Code (summer
school), based on an appropriation level of $13,121,600.
For a school district organized under Article 34 of this
Code, the Base Funding Minimum also includes (i) the funds
allocated to the school district pursuant to Section 1D-1
of this Code attributable to funding programs authorized
by the Sections of this Code listed in the preceding
sentence and (ii) the difference between (I) the funds
allocated to the school district pursuant to Section 1D-1
of this Code attributable to the funding programs
authorized by Section 14-7.02 (non-public special
education reimbursement), subsection (b) of Section
14-13.01 (special education transportation), Section 29-5
(transportation), Section 2-3.80 (agricultural
education), Section 2-3.66 (truants' alternative
education), Section 2-3.62 (educational service centers),
and Section 14-7.03 (special education - orphanage) of
this Code and Section 15 of the Childhood Hunger Relief
Act (free breakfast program) and (II) the school

district's actual expenditures for its non-public special
education, special education transportation,
transportation programs, agricultural education, truants'
alternative education, services that would otherwise be
performed by a regional office of education, special
education orphanage expenditures, and free breakfast, as
most recently calculated and reported pursuant to
subsection (f) of Section 1D-1 of this Code. The Base
Funding Minimum for Glenwood Academy shall be $625,500.
For programs operated by a regional office of education or
an intermediate service center, the Base Funding Minimum
must be the total amount of State funds allocated to those
programs in the 2018-2019 school year and amounts provided
pursuant to Article 34 of Public Act 100-586 and Section
3-16 of this Code. All programs established after June 5,
2019 (the effective date of Public Act 101-10) and
administered by a regional office of education or an
intermediate service center must have an initial Base
Funding Minimum set to an amount equal to the first-year
ASE multiplied by the amount of per pupil funding received
in the previous school year by the lowest funded similar
existing program type. If the enrollment for a program
operated by a regional office of education or an
intermediate service center is zero, then it may not
receive Base Funding Minimum funds for that program in the
next fiscal year, and those funds must be distributed to

Organizational Units under subsection (g).
(2) For the 2018-2019 and subsequent school years, the
Base Funding Minimum of Organizational Units and Specially
Funded Units shall be the sum of (i) the amount of
Evidence-Based Funding for the prior school year, (ii) the
Base Funding Minimum for the prior school year, and (iii)
any amount received by a school district pursuant to
Section 7 of Article 97 of Public Act 100-21.
(3) Subject to approval by the General Assembly as
provided in this paragraph (3), an Organizational Unit
that meets all of the following criteria, as determined by
the State Board, shall have District Intervention Money
added to its Base Funding Minimum at the time the Base
Funding Minimum is calculated by the State Board:
(A) The Organizational Unit is operating under an
Independent Authority under Section 2-3.25f-5 of this
Code for a minimum of 4 school years or is subject to
the control of the State Board pursuant to a court
order for a minimum of 4 school years.
(B) The Organizational Unit was designated as a
Tier 1 or Tier 2 Organizational Unit in the previous
school year under paragraph (3) of subsection (g) of
this Section.
(C) The Organizational Unit demonstrates
sustainability through a 5-year financial and
strategic plan.

(D) The Organizational Unit has made sufficient
progress and achieved sufficient stability in the
areas of governance, academic growth, and finances.
As part of its determination under this paragraph (3),
the State Board may consider the Organizational Unit's
summative designation, any accreditations of the
Organizational Unit, or the Organizational Unit's
financial profile, as calculated by the State Board.
If the State Board determines that an Organizational
Unit has met the criteria set forth in this paragraph (3),
it must submit a report to the General Assembly, no later
than January 2 of the fiscal year in which the State Board
makes it determination, on the amount of District
Intervention Money to add to the Organizational Unit's
Base Funding Minimum. The General Assembly must review the
State Board's report and may approve or disapprove, by
joint resolution, the addition of District Intervention
Money. If the General Assembly fails to act on the report
within 40 calendar days from the receipt of the report,
the addition of District Intervention Money is deemed
approved. If the General Assembly approves the amount of
District Intervention Money to be added to the
Organizational Unit's Base Funding Minimum, the District
Intervention Money must be added to the Base Funding
Minimum annually thereafter.
For the first 4 years following the initial year that

the State Board determines that an Organizational Unit has
met the criteria set forth in this paragraph (3) and has
received funding under this Section, the Organizational
Unit must annually submit to the State Board, on or before
November 30, a progress report regarding its financial and
strategic plan under subparagraph (C) of this paragraph
(3). The plan shall include the financial data from the
past 4 annual financial reports or financial audits that
must be presented to the State Board by November 15 of each
year and the approved budget financial data for the
current year. The plan shall be developed according to the
guidelines presented to the Organizational Unit by the
State Board. The plan shall further include financial
projections for the next 3 fiscal years and include a
discussion and financial summary of the Organizational
Unit's facility needs. If the Organizational Unit does not
demonstrate sufficient progress toward its 5-year plan or
if it has failed to file an annual financial report, an
annual budget, a financial plan, a deficit reduction plan,
or other financial information as required by law, the
State Board may establish a Financial Oversight Panel
under Article 1H of this Code. However, if the
Organizational Unit already has a Financial Oversight
Panel, the State Board may extend the duration of the
Panel.
(f) Percent of Adequacy and Final Resources calculation.

(1) The Evidence-Based Funding formula establishes a
Percent of Adequacy for each Organizational Unit in order
to place such units into tiers for the purposes of the
funding distribution system described in subsection (g) of
this Section. Initially, an Organizational Unit's
Preliminary Resources and Preliminary Percent of Adequacy
are calculated pursuant to paragraph (2) of this
subsection (f). Then, an Organizational Unit's Final
Resources and Final Percent of Adequacy are calculated to
account for the Organizational Unit's poverty
concentration levels pursuant to paragraphs (3) and (4) of
this subsection (f).
(2) An Organizational Unit's Preliminary Resources are
equal to the sum of its Local Capacity Target, CPPRT, and
Base Funding Minimum. An Organizational Unit's Preliminary
Percent of Adequacy is the lesser of (i) its Preliminary
Resources divided by its Adequacy Target or (ii) 100%.
(3) Except for Specially Funded Units, an
Organizational Unit's Final Resources are equal to the sum
of its Local Capacity, CPPRT, and Adjusted Base Funding
Minimum. The Base Funding Minimum of each Specially Funded
Unit shall serve as its Final Resources, except that the
Base Funding Minimum for State-approved charter schools
shall not include any portion of general State aid
allocated in the prior year based on the per capita
tuition charge times the charter school enrollment.

(4) An Organizational Unit's Final Percent of Adequacy
is its Final Resources divided by its Adequacy Target. An
Organizational Unit's Adjusted Base Funding Minimum is
equal to its Base Funding Minimum less its Supplemental
Grant Funding, with the resulting figure added to the
product of its Supplemental Grant Funding and Preliminary
Percent of Adequacy.
(g) Evidence-Based Funding formula distribution system.
(1) In each school year under the Evidence-Based
Funding formula, each Organizational Unit receives funding
equal to the sum of its Base Funding Minimum and the unit's
allocation of New State Funds determined pursuant to this
subsection (g). To allocate New State Funds, the
Evidence-Based Funding formula distribution system first
places all Organizational Units into one of 4 tiers in
accordance with paragraph (3) of this subsection (g),
based on the Organizational Unit's Final Percent of
Adequacy. New State Funds are allocated to each of the 4
tiers as follows: Tier 1 Aggregate Funding equals 50% of
all New State Funds, Tier 2 Aggregate Funding equals 49%
of all New State Funds, Tier 3 Aggregate Funding equals
0.9% of all New State Funds, and Tier 4 Aggregate Funding
equals 0.1% of all New State Funds. Each Organizational
Unit within Tier 1 or Tier 2 receives an allocation of New
State Funds equal to its tier Funding Gap, as defined in
the following sentence, multiplied by the tier's

Allocation Rate determined pursuant to paragraph (4) of
this subsection (g). For Tier 1, an Organizational Unit's
Funding Gap equals the tier's Target Ratio, as specified
in paragraph (5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources. For Tier 2, an Organizational Unit's Funding
Gap equals the tier's Target Ratio, as described in
paragraph (5) of this subsection (g), multiplied by the
Organizational Unit's Adequacy Target, with the resulting
amount reduced by the Organizational Unit's Final
Resources and its Tier 1 funding allocation. To determine
the Organizational Unit's Funding Gap, the resulting
amount is then multiplied by a factor equal to one minus
the Organizational Unit's Local Capacity Target
percentage. Each Organizational Unit within Tier 3 or Tier
4 receives an allocation of New State Funds equal to the
product of its Adequacy Target and the tier's Allocation
Rate, as specified in paragraph (4) of this subsection
(g).
(2) To ensure equitable distribution of dollars for
all Tier 2 Organizational Units, no Tier 2 Organizational
Unit shall receive fewer dollars per ASE than any Tier 3
Organizational Unit. Each Tier 2 and Tier 3 Organizational
Unit shall have its funding allocation divided by its ASE.
Any Tier 2 Organizational Unit with a funding allocation

per ASE below the greatest Tier 3 allocation per ASE shall
get a funding allocation equal to the greatest Tier 3
funding allocation per ASE multiplied by the
Organizational Unit's ASE. Each Tier 2 Organizational
Unit's Tier 2 funding allocation shall be multiplied by
the percentage calculated by dividing the original Tier 2
Aggregate Funding by the sum of all Tier 2 Organizational
Units' Tier 2 funding allocation after adjusting
districts' funding below Tier 3 levels.
(3) Organizational Units are placed into one of 4
tiers as follows:
(A) Tier 1 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy less than the Tier 1 Target Ratio. The Tier 1
Target Ratio is the ratio level that allows for Tier 1
Aggregate Funding to be distributed, with the Tier 1
Allocation Rate determined pursuant to paragraph (4)
of this subsection (g).
(B) Tier 2 consists of all Tier 1 Units and all
other Organizational Units, except for Specially
Funded Units, with a Percent of Adequacy of less than
0.90.
(C) Tier 3 consists of all Organizational Units,
except for Specially Funded Units, with a Percent of
Adequacy of at least 0.90 and less than 1.0.
(D) Tier 4 consists of all Organizational Units

with a Percent of Adequacy of at least 1.0.
(4) The Allocation Rates for Tiers 1 through 4 are
determined as follows:
(A) The Tier 1 Allocation Rate is 30%.
(B) The Tier 2 Allocation Rate is the result of the
following equation: Tier 2 Aggregate Funding, divided
by the sum of the Funding Gaps for all Tier 2
Organizational Units, unless the result of such
equation is higher than 1.0. If the result of such
equation is higher than 1.0, then the Tier 2
Allocation Rate is 1.0.
(C) The Tier 3 Allocation Rate is the result of the
following equation: Tier 3 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 3
Organizational Units.
(D) The Tier 4 Allocation Rate is the result of the
following equation: Tier 4 Aggregate Funding, divided
by the sum of the Adequacy Targets of all Tier 4
Organizational Units.
(5) A tier's Target Ratio is determined as follows:
(A) The Tier 1 Target Ratio is the ratio level that
allows for Tier 1 Aggregate Funding to be distributed
with the Tier 1 Allocation Rate.
(B) The Tier 2 Target Ratio is 0.90.
(C) The Tier 3 Target Ratio is 1.0.
(6) If, at any point, the Tier 1 Target Ratio is

greater than 90%, then all Tier 1 funding shall be
allocated to Tier 2 and no Tier 1 Organizational Unit's
funding may be identified.
(7) In the event that all Tier 2 Organizational Units
receive funding at the Tier 2 Target Ratio level, any
remaining New State Funds shall be allocated to Tier 3 and
Tier 4 Organizational Units.
(8) If any Specially Funded Units, excluding Glenwood
Academy, recognized by the State Board do not qualify for
direct funding following the implementation of Public Act
100-465 from any of the funding sources included within
the definition of Base Funding Minimum, the unqualified
portion of the Base Funding Minimum shall be transferred
to one or more appropriate Organizational Units as
determined by the State Superintendent based on the prior
year ASE of the Organizational Units.
(8.5) If a school district withdraws from a special
education cooperative, the portion of the Base Funding
Minimum that is attributable to the school district may be
redistributed to the school district upon withdrawal. The
school district and the cooperative must include the
amount of the Base Funding Minimum that is to be
reapportioned in their withdrawal agreement and notify the
State Board of the change with a copy of the agreement upon
withdrawal.
(9) The Minimum Funding Level is intended to establish

a target for State funding that will keep pace with
inflation and continue to advance equity through the
Evidence-Based Funding formula. The target for State
funding of New Property Tax Relief Pool Funds is
$50,000,000 for State fiscal year 2019 and subsequent
State fiscal years. The Minimum Funding Level is equal to
$350,000,000. In addition to any New State Funds, no more
than $50,000,000 New Property Tax Relief Pool Funds may be
counted toward the Minimum Funding Level. If the sum of
New State Funds and applicable New Property Tax Relief
Pool Funds are less than the Minimum Funding Level, than
funding for tiers shall be reduced in the following
manner:
(A) First, Tier 4 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds until such time as
Tier 4 funding is exhausted.
(B) Next, Tier 3 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 funding until such time as Tier 3 funding is
exhausted.
(C) Next, Tier 2 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding Level and New State Funds and the reduction in
Tier 4 and Tier 3.

(D) Finally, Tier 1 funding shall be reduced by an
amount equal to the difference between the Minimum
Funding level and New State Funds and the reduction in
Tier 2, 3, and 4 funding. In addition, the Allocation
Rate for Tier 1 shall be reduced to a percentage equal
to the Tier 1 Allocation Rate set by paragraph (4) of
this subsection (g), multiplied by the result of New
State Funds divided by the Minimum Funding Level.
(9.5) For State fiscal year 2019 and subsequent State
fiscal years, if New State Funds exceed $300,000,000, then
any amount in excess of $300,000,000 shall be dedicated
for purposes of Section 2-3.170 of this Code up to a
maximum of $50,000,000.
(10) In the event of a decrease in the amount of the
appropriation for this Section in any fiscal year after
implementation of this Section, the Organizational Units
receiving Tier 1 and Tier 2 funding, as determined under
paragraph (3) of this subsection (g), shall be held
harmless by establishing a Base Funding Guarantee equal to
the per pupil kindergarten through grade 12 funding
received in accordance with this Section in the prior
fiscal year. Reductions shall be made to the Base Funding
Minimum of Organizational Units in Tier 3 and Tier 4 on a
per pupil basis equivalent to the total number of the ASE
in Tier 3-funded and Tier 4-funded Organizational Units
divided by the total reduction in State funding. The Base

Funding Minimum as reduced shall continue to be applied to
Tier 3 and Tier 4 Organizational Units and adjusted by the
relative formula when increases in appropriations for this
Section resume. In no event may State funding reductions
to Organizational Units in Tier 3 or Tier 4 exceed an
amount that would be less than the Base Funding Minimum
established in the first year of implementation of this
Section. If additional reductions are required, all school
districts shall receive a reduction by a per pupil amount
equal to the aggregate additional appropriation reduction
divided by the total ASE of all Organizational Units.
(11) The State Superintendent shall make minor
adjustments to the distribution formula set forth in this
subsection (g) to account for the rounding of percentages
to the nearest tenth of a percentage and dollar amounts to
the nearest whole dollar.
(h) State Superintendent administration of funding and
district submission requirements.
(1) The State Superintendent shall, in accordance with
appropriations made by the General Assembly, meet the
funding obligations created under this Section.
(2) The State Superintendent shall calculate the
Adequacy Target for each Organizational Unit and Net State
Contribution Target for each Organizational Unit under
this Section. No Evidence-Based Funding shall be
distributed within an Organizational Unit without the

approval of the unit's school board.
(3) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the unit's
aggregate financial adequacy amount, which shall be the
sum of the Adequacy Target for each Organizational Unit.
The State Superintendent shall calculate and report
separately for each Organizational Unit the unit's total
State funds allocated for its students with disabilities.
The State Superintendent shall calculate and report
separately for each Organizational Unit the amount of
funding and applicable FTE calculated for each Essential
Element of the unit's Adequacy Target.
(4) Annually, the State Superintendent shall calculate
and report to each Organizational Unit the amount the unit
must expend on special education and bilingual education
and computer technology and equipment for Organizational
Units assigned to Tier 1 or Tier 2 that received an
additional $285.50 per student computer technology and
equipment investment grant to their Adequacy Target
pursuant to the unit's Base Funding Minimum, Special
Education Allocation, Bilingual Education Allocation, and
computer technology and equipment investment allocation.
(5) Moneys distributed under this Section shall be
calculated on a school year basis, but paid on a fiscal
year basis, with payments beginning in August and
extending through June. Unless otherwise provided, the

moneys appropriated for each fiscal year shall be
distributed in 22 equal payments at least 2 times monthly
to each Organizational Unit. If moneys appropriated for
any fiscal year are distributed other than monthly, the
distribution shall be on the same basis for each
Organizational Unit.
(6) Any school district that fails, for any given
school year, to maintain school as required by law or to
maintain a recognized school is not eligible to receive
Evidence-Based Funding. In case of non-recognition of one
or more attendance centers in a school district otherwise
operating recognized schools, the claim of the district
shall be reduced in the proportion that the enrollment in
the attendance center or centers bears to the enrollment
of the school district. "Recognized school" means any
public school that meets the standards for recognition by
the State Board. A school district or attendance center
not having recognition status at the end of a school term
is entitled to receive State aid payments due upon a legal
claim that was filed while it was recognized.
(7) School district claims filed under this Section
are subject to Sections 18-9 and 18-12 of this Code,
except as otherwise provided in this Section.
(8) Each fiscal year, the State Superintendent shall
calculate for each Organizational Unit an amount of its
Base Funding Minimum and Evidence-Based Funding that shall

be deemed attributable to the provision of special
educational facilities and services, as defined in Section
14-1.08 of this Code, in a manner that ensures compliance
with maintenance of State financial support requirements
under the federal Individuals with Disabilities Education
Act. An Organizational Unit must use such funds only for
the provision of special educational facilities and
services, as defined in Section 14-1.08 of this Code, and
must comply with any expenditure verification procedures
adopted by the State Board.
(9) All Organizational Units in this State must submit
annual spending plans by the end of September of each year
to the State Board as part of the annual budget process,
which shall describe how each Organizational Unit will
utilize the Base Funding Minimum and Evidence-Based
Funding it receives from this State under this Section
with specific identification of the intended utilization
of Low-Income, English learner, and special education
resources. Additionally, the annual spending plans of each
Organizational Unit shall describe how the Organizational
Unit expects to achieve student growth and how the
Organizational Unit will achieve State education goals, as
defined by the State Board. The State Superintendent may,
from time to time, identify additional requisites for
Organizational Units to satisfy when compiling the annual
spending plans required under this subsection (h). The

format and scope of annual spending plans shall be
developed by the State Superintendent and the State Board
of Education. School districts that serve students under
Article 14C of this Code shall continue to submit
information as required under Section 14C-12 of this Code.
(10) No later than January 1, 2018, the State
Superintendent shall develop a 5-year strategic plan for
all Organizational Units to help in planning for adequacy
funding under this Section. The State Superintendent shall
submit the plan to the Governor and the General Assembly,
as provided in Section 3.1 of the General Assembly
Organization Act. The plan shall include recommendations
for:
(A) a framework for collaborative, professional,
innovative, and 21st century learning environments
using the Evidence-Based Funding model;
(B) ways to prepare and support this State's
educators for successful instructional careers;
(C) application and enhancement of the current
financial accountability measures, the approved State
plan to comply with the federal Every Student Succeeds
Act, and the Illinois Balanced Accountability Measures
in relation to student growth and elements of the
Evidence-Based Funding model; and
(D) implementation of an effective school adequacy
funding system based on projected and recommended

funding levels from the General Assembly.
(11) On an annual basis, the State Superintendent must
recalibrate all of the following per pupil elements of the
Adequacy Target and applied to the formulas, based on the
study of average expenses and as reported in the most
recent annual financial report:
(A) Gifted under subparagraph (M) of paragraph (2)
of subsection (b).
(B) Instructional materials under subparagraph (O)
of paragraph (2) of subsection (b).
(C) Assessment under subparagraph (P) of paragraph
(2) of subsection (b).
(D) Student activities under subparagraph (R) of
paragraph (2) of subsection (b).
(E) Maintenance and operations under subparagraph
(S) of paragraph (2) of subsection (b).
(F) Central office under subparagraph (T) of
paragraph (2) of subsection (b).
(i) Professional Review Panel.
(1) A Professional Review Panel is created to study
and review topics related to the implementation and effect
of Evidence-Based Funding, as assigned by a joint
resolution or Public Act of the General Assembly or a
motion passed by the State Board of Education. The Panel
must provide recommendations to and serve the Governor,
the General Assembly, and the State Board. The State

Superintendent or his or her designee must serve as a
voting member and chairperson of the Panel. The State
Superintendent must appoint a vice chairperson from the
membership of the Panel. The Panel must advance
recommendations based on a three-fifths majority vote of
Panel members present and voting. A minority opinion may
also accompany any recommendation of the Panel. The Panel
shall be appointed by the State Superintendent, except as
otherwise provided in paragraph (2) of this subsection (i)
and include the following members:
(A) Two appointees that represent district
superintendents, recommended by a statewide
organization that represents district superintendents.
(B) Two appointees that represent school boards,
recommended by a statewide organization that
represents school boards.
(C) Two appointees from districts that represent
school business officials, recommended by a statewide
organization that represents school business
officials.
(D) Two appointees that represent school
principals, recommended by a statewide organization
that represents school principals.
(E) Two appointees that represent teachers,
recommended by a statewide organization that
represents teachers.

(F) Two appointees that represent teachers,
recommended by another statewide organization that
represents teachers.
(G) Two appointees that represent regional
superintendents of schools, recommended by
organizations that represent regional superintendents.
(H) Two independent experts selected solely by the
State Superintendent.
(I) Two independent experts recommended by public
universities in this State.
(J) One member recommended by a statewide
organization that represents parents.
(K) Two representatives recommended by collective
impact organizations that represent major metropolitan
areas or geographic areas in Illinois.
(L) One member from a statewide organization
focused on research-based education policy to support
a school system that prepares all students for
college, a career, and democratic citizenship.
(M) One representative from a school district
organized under Article 34 of this Code.
The State Superintendent shall ensure that the
membership of the Panel includes representatives from
school districts and communities reflecting the
geographic, socio-economic, racial, and ethnic diversity
of this State. The State Superintendent shall additionally

ensure that the membership of the Panel includes
representatives with expertise in bilingual education and
special education. Staff from the State Board shall staff
the Panel.
(2) In addition to those Panel members appointed by
the State Superintendent, 4 members of the General
Assembly shall be appointed as follows: one member of the
House of Representatives appointed by the Speaker of the
House of Representatives, one member of the Senate
appointed by the President of the Senate, one member of
the House of Representatives appointed by the Minority
Leader of the House of Representatives, and one member of
the Senate appointed by the Minority Leader of the Senate.
There shall be one additional member appointed by the
Governor. All members appointed by legislative leaders or
the Governor shall be non-voting, ex officio members.
(3) The Panel must study topics at the direction of
the General Assembly or State Board of Education, as
provided under paragraph (1). The Panel may also study the
following topics at the direction of the chairperson:
(A) The format and scope of annual spending plans
referenced in paragraph (9) of subsection (h) of this
Section.
(B) The Comparable Wage Index under this Section.
(C) Maintenance and operations, including capital
maintenance and construction costs.

(D) "At-risk student" definition.
(E) Benefits.
(F) Technology.
(G) Local Capacity Target.
(H) Funding for Alternative Schools, Laboratory
Schools, safe schools, and alternative learning
opportunities programs.
(I) Funding for college and career acceleration
strategies.
(J) Special education investments.
(K) Early childhood investments, in collaboration
with the Illinois Early Learning Council.
(4) (Blank).
(5) Within 5 years after the implementation of this
Section, and every 5 years thereafter, the Panel shall
complete an evaluative study of the entire Evidence-Based
Funding model, including an assessment of whether or not
the formula is achieving State goals. The Panel shall
report to the State Board, the General Assembly, and the
Governor on the findings of the study.
(6) (Blank).
(7) To ensure that (i) the Adequacy Target calculation
under subsection (b) accurately reflects the needs of
students living in poverty or attending schools located in
areas of high poverty, (ii) racial equity within the
Evidence-Based Funding formula is explicitly explored and

advanced, and (iii) the funding goals of the formula
distribution system established under this Section are
sufficient to provide adequate funding for every student
and to fully fund every school in this State, the Panel
shall review the Essential Elements under paragraph (2) of
subsection (b). The Panel shall consider all of the
following in its review:
(A) The financial ability of school districts to
provide instruction in a foreign language to every
student and whether an additional Essential Element
should be added to the formula to ensure that every
student has access to instruction in a foreign
language.
(B) The adult-to-student ratio for each Essential
Element in which a ratio is identified. The Panel
shall consider whether the ratio accurately reflects
the staffing needed to support students living in
poverty or who have traumatic backgrounds.
(C) Changes to the Essential Elements that may be
required to better promote racial equity and eliminate
structural racism within schools.
(D) The impact of investing $350,000,000 in
additional funds each year under this Section and an
estimate of when the school system will become fully
funded under this level of appropriation.
(E) Provide an overview of alternative funding

structures that would enable the State to become fully
funded at an earlier date.
(F) The potential to increase efficiency and to
find cost savings within the school system to expedite
the journey to a fully funded system.
(G) The appropriate levels for reenrolling and
graduating high-risk high school students who have
been previously out of school. These outcomes shall
include enrollment, attendance, skill gains, credit
gains, graduation or promotion to the next grade
level, and the transition to college, training, or
employment, with an emphasis on progressively
increasing the overall attendance.
(H) The evidence-based or research-based practices
that are shown to reduce the gaps and disparities
experienced by African American students in academic
achievement and educational performance, including
practices that have been shown to reduce disparities
parities in disciplinary rates, drop-out rates,
graduation rates, college matriculation rates, and
college completion rates.
On or before December 31, 2021, the Panel shall report
to the State Board, the General Assembly, and the Governor
on the findings of its review. This paragraph (7) is
inoperative on and after July 1, 2022.
(j) References. Beginning July 1, 2017, references in

other laws to general State aid funds or calculations under
Section 18-8.05 of this Code (now repealed) shall be deemed to
be references to evidence-based model formula funds or
calculations under this Section.
(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19;
101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff.
6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised
10-12-21.)
(105 ILCS 5/21A-25.5)
Sec. 21A-25.5. Teaching Induction and Mentoring Advisory
Group.
(a) The State Board of Education shall create a Teaching
Induction and Mentoring Advisory Group. Members of the
Advisory Group must represent the diversity of this State and
possess the expertise needed to perform the work required to
meet the goals of the programs set forth under Section 21A-20.
(b) The members of the Advisory Group shall be by
appointed by the State Superintendent of Education and shall
include all of the following members:
(1) Four members representing teachers recommended by
a statewide professional teachers' organization.
(2) Four members representing teachers recommended by
a different statewide professional teachers' organization.
(3) Two members representing principals recommended by
a statewide organization that represents principals.

(4) One member representing district superintendents
recommended by a statewide organization that represents
district superintendents.
(5) One member representing regional superintendents
of schools recommended by a statewide association that
represents regional superintendents of schools.
(6) One member representing a State-approved educator
preparation program at an Illinois institution of higher
education recommended by the institution of higher
education.
The majority of the membership of the Advisory Group shall
consist of practicing teachers.
(c) The Advisory Group is responsible for approving any
changes made to the standards established under Section
21A-20.5.
(Source: P.A. 102-521, eff. 8-20-21; revised 11-29-21.)
(105 ILCS 5/22-30)
Sec. 22-30. Self-administration and self-carry of asthma
medication and epinephrine injectors; administration of
undesignated epinephrine injectors; administration of an
opioid antagonist; administration of undesignated asthma
medication; asthma episode emergency response protocol.
(a) For the purpose of this Section only, the following
terms shall have the meanings set forth below:
"Asthma action plan" means a written plan developed with a

pupil's medical provider to help control the pupil's asthma.
The goal of an asthma action plan is to reduce or prevent
flare-ups and emergency department visits through day-to-day
management and to serve as a student-specific document to be
referenced in the event of an asthma episode.
"Asthma episode emergency response protocol" means a
procedure to provide assistance to a pupil experiencing
symptoms of wheezing, coughing, shortness of breath, chest
tightness, or breathing difficulty.
"Epinephrine injector" includes an auto-injector approved
by the United States Food and Drug Administration for the
administration of epinephrine and a pre-filled syringe
approved by the United States Food and Drug Administration and
used for the administration of epinephrine that contains a
pre-measured dose of epinephrine that is equivalent to the
dosages used in an auto-injector.
"Asthma medication" means quick-relief asthma medication,
including albuterol or other short-acting bronchodilators,
that is approved by the United States Food and Drug
Administration for the treatment of respiratory distress.
"Asthma medication" includes medication delivered through a
device, including a metered dose inhaler with a reusable or
disposable spacer or a nebulizer with a mouthpiece or mask.
"Opioid antagonist" means a drug that binds to opioid
receptors and blocks or inhibits the effect of opioids acting
on those receptors, including, but not limited to, naloxone

hydrochloride or any other similarly acting drug approved by
the U.S. Food and Drug Administration.
"Respiratory distress" means the perceived or actual
presence of wheezing, coughing, shortness of breath, chest
tightness, breathing difficulty, or any other symptoms
consistent with asthma. Respiratory distress may be
categorized as "mild-to-moderate" or "severe".
"School nurse" means a registered nurse working in a
school with or without licensure endorsed in school nursing.
"Self-administration" means a pupil's discretionary use of
his or her prescribed asthma medication or epinephrine
injector.
"Self-carry" means a pupil's ability to carry his or her
prescribed asthma medication or epinephrine injector.
"Standing protocol" may be issued by (i) a physician
licensed to practice medicine in all its branches, (ii) a
licensed physician assistant with prescriptive authority, or
(iii) a licensed advanced practice registered nurse with
prescriptive authority.
"Trained personnel" means any school employee or volunteer
personnel authorized in Sections 10-22.34, 10-22.34a, and
10-22.34b of this Code who has completed training under
subsection (g) of this Section to recognize and respond to
anaphylaxis, an opioid overdose, or respiratory distress.
"Undesignated asthma medication" means asthma medication
prescribed in the name of a school district, public school,

charter school, or nonpublic school.
"Undesignated epinephrine injector" means an epinephrine
injector prescribed in the name of a school district, public
school, charter school, or nonpublic school.
(b) A school, whether public, charter, or nonpublic, must
permit the self-administration and self-carry of asthma
medication by a pupil with asthma or the self-administration
and self-carry of an epinephrine injector by a pupil, provided
that:
(1) the parents or guardians of the pupil provide to
the school (i) written authorization from the parents or
guardians for (A) the self-administration and self-carry
of asthma medication or (B) the self-carry of asthma
medication or (ii) for (A) the self-administration and
self-carry of an epinephrine injector or (B) the
self-carry of an epinephrine injector, written
authorization from the pupil's physician, physician
assistant, or advanced practice registered nurse; and
(2) the parents or guardians of the pupil provide to
the school (i) the prescription label, which must contain
the name of the asthma medication, the prescribed dosage,
and the time at which or circumstances under which the
asthma medication is to be administered, or (ii) for the
self-administration or self-carry of an epinephrine
injector, a written statement from the pupil's physician,
physician assistant, or advanced practice registered nurse

containing the following information:
(A) the name and purpose of the epinephrine
injector;
(B) the prescribed dosage; and
(C) the time or times at which or the special
circumstances under which the epinephrine injector is
to be administered.
The information provided shall be kept on file in the office of
the school nurse or, in the absence of a school nurse, the
school's administrator.
(b-5) A school district, public school, charter school, or
nonpublic school may authorize the provision of a
student-specific or undesignated epinephrine injector to a
student or any personnel authorized under a student's
Individual Health Care Action Plan, Illinois Food Allergy
Emergency Action Plan and Treatment Authorization Form, or
plan pursuant to Section 504 of the federal Rehabilitation Act
of 1973 to administer an epinephrine injector to the student,
that meets the student's prescription on file.
(b-10) The school district, public school, charter school,
or nonpublic school may authorize a school nurse or trained
personnel to do the following: (i) provide an undesignated
epinephrine injector to a student for self-administration only
or any personnel authorized under a student's Individual
Health Care Action Plan, Illinois Food Allergy Emergency
Action Plan and Treatment Authorization Form, plan pursuant to

Section 504 of the federal Rehabilitation Act of 1973, or
individualized education program plan to administer to the
student that meets the student's prescription on file; (ii)
administer an undesignated epinephrine injector that meets the
prescription on file to any student who has an Individual
Health Care Action Plan, Illinois Food Allergy Emergency
Action Plan and Treatment Authorization Form, plan pursuant to
Section 504 of the federal Rehabilitation Act of 1973, or
individualized education program plan that authorizes the use
of an epinephrine injector; (iii) administer an undesignated
epinephrine injector to any person that the school nurse or
trained personnel in good faith believes is having an
anaphylactic reaction; (iv) administer an opioid antagonist to
any person that the school nurse or trained personnel in good
faith believes is having an opioid overdose; (v) provide
undesignated asthma medication to a student for
self-administration only or to any personnel authorized under
a student's Individual Health Care Action Plan or asthma
action plan, plan pursuant to Section 504 of the federal
Rehabilitation Act of 1973, or individualized education
program plan to administer to the student that meets the
student's prescription on file; (vi) administer undesignated
asthma medication that meets the prescription on file to any
student who has an Individual Health Care Action Plan or
asthma action plan, plan pursuant to Section 504 of the
federal Rehabilitation Act of 1973, or individualized

education program plan that authorizes the use of asthma
medication; and (vii) administer undesignated asthma
medication to any person that the school nurse or trained
personnel believes in good faith is having respiratory
distress.
(c) The school district, public school, charter school, or
nonpublic school must inform the parents or guardians of the
pupil, in writing, that the school district, public school,
charter school, or nonpublic school and its employees and
agents, including a physician, physician assistant, or
advanced practice registered nurse providing standing protocol
and a prescription for school epinephrine injectors, an opioid
antagonist, or undesignated asthma medication, are to incur no
liability or professional discipline, except for willful and
wanton conduct, as a result of any injury arising from the
administration of asthma medication, an epinephrine injector,
or an opioid antagonist regardless of whether authorization
was given by the pupil's parents or guardians or by the pupil's
physician, physician assistant, or advanced practice
registered nurse. The parents or guardians of the pupil must
sign a statement acknowledging that the school district,
public school, charter school, or nonpublic school and its
employees and agents are to incur no liability, except for
willful and wanton conduct, as a result of any injury arising
from the administration of asthma medication, an epinephrine
injector, or an opioid antagonist regardless of whether

authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse and that the parents or guardians
must indemnify and hold harmless the school district, public
school, charter school, or nonpublic school and its employees
and agents against any claims, except a claim based on willful
and wanton conduct, arising out of the administration of
asthma medication, an epinephrine injector, or an opioid
antagonist regardless of whether authorization was given by
the pupil's parents or guardians or by the pupil's physician,
physician assistant, or advanced practice registered nurse.
(c-5) When a school nurse or trained personnel administers
an undesignated epinephrine injector to a person whom the
school nurse or trained personnel in good faith believes is
having an anaphylactic reaction, administers an opioid
antagonist to a person whom the school nurse or trained
personnel in good faith believes is having an opioid overdose,
or administers undesignated asthma medication to a person whom
the school nurse or trained personnel in good faith believes
is having respiratory distress, notwithstanding the lack of
notice to the parents or guardians of the pupil or the absence
of the parents or guardians signed statement acknowledging no
liability, except for willful and wanton conduct, the school
district, public school, charter school, or nonpublic school
and its employees and agents, and a physician, a physician
assistant, or an advanced practice registered nurse providing

standing protocol and a prescription for undesignated
epinephrine injectors, an opioid antagonist, or undesignated
asthma medication, are to incur no liability or professional
discipline, except for willful and wanton conduct, as a result
of any injury arising from the use of an undesignated
epinephrine injector, the use of an opioid antagonist, or the
use of undesignated asthma medication, regardless of whether
authorization was given by the pupil's parents or guardians or
by the pupil's physician, physician assistant, or advanced
practice registered nurse.
(d) The permission for self-administration and self-carry
of asthma medication or the self-administration and self-carry
of an epinephrine injector is effective for the school year
for which it is granted and shall be renewed each subsequent
school year upon fulfillment of the requirements of this
Section.
(e) Provided that the requirements of this Section are
fulfilled, a pupil with asthma may self-administer and
self-carry his or her asthma medication or a pupil may
self-administer and self-carry an epinephrine injector (i)
while in school, (ii) while at a school-sponsored activity,
(iii) while under the supervision of school personnel, or (iv)
before or after normal school activities, such as while in
before-school or after-school care on school-operated property
or while being transported on a school bus.
(e-5) Provided that the requirements of this Section are

fulfilled, a school nurse or trained personnel may administer
an undesignated epinephrine injector to any person whom the
school nurse or trained personnel in good faith believes to be
having an anaphylactic reaction (i) while in school, (ii)
while at a school-sponsored activity, (iii) while under the
supervision of school personnel, or (iv) before or after
normal school activities, such as while in before-school or
after-school care on school-operated property or while being
transported on a school bus. A school nurse or trained
personnel may carry undesignated epinephrine injectors on his
or her person while in school or at a school-sponsored
activity.
(e-10) Provided that the requirements of this Section are
fulfilled, a school nurse or trained personnel may administer
an opioid antagonist to any person whom the school nurse or
trained personnel in good faith believes to be having an
opioid overdose (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, such as while in before-school or after-school
care on school-operated property. A school nurse or trained
personnel may carry an opioid antagonist on his or her person
while in school or at a school-sponsored activity.
(e-15) If the requirements of this Section are met, a
school nurse or trained personnel may administer undesignated
asthma medication to any person whom the school nurse or

trained personnel in good faith believes to be experiencing
respiratory distress (i) while in school, (ii) while at a
school-sponsored activity, (iii) while under the supervision
of school personnel, or (iv) before or after normal school
activities, including before-school or after-school care on
school-operated property. A school nurse or trained personnel
may carry undesignated asthma medication on his or her person
while in school or at a school-sponsored activity.
(f) The school district, public school, charter school, or
nonpublic school may maintain a supply of undesignated
epinephrine injectors in any secure location that is
accessible before, during, and after school where an allergic
person is most at risk, including, but not limited to,
classrooms and lunchrooms. A physician, a physician assistant
who has prescriptive authority in accordance with Section 7.5
of the Physician Assistant Practice Act of 1987, or an
advanced practice registered nurse who has prescriptive
authority in accordance with Section 65-40 of the Nurse
Practice Act may prescribe undesignated epinephrine injectors
in the name of the school district, public school, charter
school, or nonpublic school to be maintained for use when
necessary. Any supply of epinephrine injectors shall be
maintained in accordance with the manufacturer's instructions.
The school district, public school, charter school, or
nonpublic school may maintain a supply of an opioid antagonist
in any secure location where an individual may have an opioid

overdose. A health care professional who has been delegated
prescriptive authority for opioid antagonists in accordance
with Section 5-23 of the Substance Use Disorder Act may
prescribe opioid antagonists in the name of the school
district, public school, charter school, or nonpublic school,
to be maintained for use when necessary. Any supply of opioid
antagonists shall be maintained in accordance with the
manufacturer's instructions.
The school district, public school, charter school, or
nonpublic school may maintain a supply of asthma medication in
any secure location that is accessible before, during, or
after school where a person is most at risk, including, but not
limited to, a classroom or the nurse's office. A physician, a
physician assistant who has prescriptive authority under
Section 7.5 of the Physician Assistant Practice Act of 1987,
or an advanced practice registered nurse who has prescriptive
authority under Section 65-40 of the Nurse Practice Act may
prescribe undesignated asthma medication in the name of the
school district, public school, charter school, or nonpublic
school to be maintained for use when necessary. Any supply of
undesignated asthma medication must be maintained in
accordance with the manufacturer's instructions.
(f-3) Whichever entity initiates the process of obtaining
undesignated epinephrine injectors and providing training to
personnel for carrying and administering undesignated
epinephrine injectors shall pay for the costs of the

undesignated epinephrine injectors.
(f-5) Upon any administration of an epinephrine injector,
a school district, public school, charter school, or nonpublic
school must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
Upon any administration of an opioid antagonist, a school
district, public school, charter school, or nonpublic school
must immediately activate the EMS system and notify the
student's parent, guardian, or emergency contact, if known.
(f-10) Within 24 hours of the administration of an
undesignated epinephrine injector, a school district, public
school, charter school, or nonpublic school must notify the
physician, physician assistant, or advanced practice
registered nurse who provided the standing protocol and a
prescription for the undesignated epinephrine injector of its
use.
Within 24 hours after the administration of an opioid
antagonist, a school district, public school, charter school,
or nonpublic school must notify the health care professional
who provided the prescription for the opioid antagonist of its
use.
Within 24 hours after the administration of undesignated
asthma medication, a school district, public school, charter
school, or nonpublic school must notify the student's parent
or guardian or emergency contact, if known, and the physician,
physician assistant, or advanced practice registered nurse who

provided the standing protocol and a prescription for the
undesignated asthma medication of its use. The district or
school must follow up with the school nurse, if available, and
may, with the consent of the child's parent or guardian,
notify the child's health care provider of record, as
determined under this Section, of its use.
(g) Prior to the administration of an undesignated
epinephrine injector, trained personnel must submit to the
school's administration proof of completion of a training
curriculum to recognize and respond to anaphylaxis that meets
the requirements of subsection (h) of this Section. Training
must be completed annually. The school district, public
school, charter school, or nonpublic school must maintain
records related to the training curriculum and trained
personnel.
Prior to the administration of an opioid antagonist,
trained personnel must submit to the school's administration
proof of completion of a training curriculum to recognize and
respond to an opioid overdose, which curriculum must meet the
requirements of subsection (h-5) of this Section. Training
must be completed annually. Trained personnel must also submit
to the school's administration proof of cardiopulmonary
resuscitation and automated external defibrillator
certification. The school district, public school, charter
school, or nonpublic school must maintain records relating to
the training curriculum and the trained personnel.

Prior to the administration of undesignated asthma
medication, trained personnel must submit to the school's
administration proof of completion of a training curriculum to
recognize and respond to respiratory distress, which must meet
the requirements of subsection (h-10) of this Section.
Training must be completed annually, and the school district,
public school, charter school, or nonpublic school must
maintain records relating to the training curriculum and the
trained personnel.
(h) A training curriculum to recognize and respond to
anaphylaxis, including the administration of an undesignated
epinephrine injector, may be conducted online or in person.
Training shall include, but is not limited to:
(1) how to recognize signs and symptoms of an allergic
reaction, including anaphylaxis;
(2) how to administer an epinephrine injector; and
(3) a test demonstrating competency of the knowledge
required to recognize anaphylaxis and administer an
epinephrine injector.
Training may also include, but is not limited to:
(A) a review of high-risk areas within a school and
its related facilities;
(B) steps to take to prevent exposure to allergens;
(C) emergency follow-up procedures, including the
importance of calling 9-1-1 or, if 9-1-1 is not available,
other local emergency medical services;

(D) how to respond to a student with a known allergy,
as well as a student with a previously unknown allergy;
(E) other criteria as determined in rules adopted
pursuant to this Section; and
(F) any policy developed by the State Board of
Education under Section 2-3.190 2-3.182.
In consultation with statewide professional organizations
representing physicians licensed to practice medicine in all
of its branches, registered nurses, and school nurses, the
State Board of Education shall make available resource
materials consistent with criteria in this subsection (h) for
educating trained personnel to recognize and respond to
anaphylaxis. The State Board may take into consideration the
curriculum on this subject developed by other states, as well
as any other curricular materials suggested by medical experts
and other groups that work on life-threatening allergy issues.
The State Board is not required to create new resource
materials. The State Board shall make these resource materials
available on its Internet website.
(h-5) A training curriculum to recognize and respond to an
opioid overdose, including the administration of an opioid
antagonist, may be conducted online or in person. The training
must comply with any training requirements under Section 5-23
of the Substance Use Disorder Act and the corresponding rules.
It must include, but is not limited to:
(1) how to recognize symptoms of an opioid overdose;

(2) information on drug overdose prevention and
recognition;
(3) how to perform rescue breathing and resuscitation;
(4) how to respond to an emergency involving an opioid
overdose;
(5) opioid antagonist dosage and administration;
(6) the importance of calling 9-1-1 or, if 9-1-1 is
not available, other local emergency medical services;
(7) care for the overdose victim after administration
of the overdose antagonist;
(8) a test demonstrating competency of the knowledge
required to recognize an opioid overdose and administer a
dose of an opioid antagonist; and
(9) other criteria as determined in rules adopted
pursuant to this Section.
(h-10) A training curriculum to recognize and respond to
respiratory distress, including the administration of
undesignated asthma medication, may be conducted online or in
person. The training must include, but is not limited to:
(1) how to recognize symptoms of respiratory distress
and how to distinguish respiratory distress from
anaphylaxis;
(2) how to respond to an emergency involving
respiratory distress;
(3) asthma medication dosage and administration;
(4) the importance of calling 9-1-1 or, if 9-1-1 is

not available, other local emergency medical services;
(5) a test demonstrating competency of the knowledge
required to recognize respiratory distress and administer
asthma medication; and
(6) other criteria as determined in rules adopted
under this Section.
(i) Within 3 days after the administration of an
undesignated epinephrine injector by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education in a form and manner prescribed by the State Board
the following information:
(1) age and type of person receiving epinephrine
(student, staff, visitor);
(2) any previously known diagnosis of a severe
allergy;
(3) trigger that precipitated allergic episode;
(4) location where symptoms developed;
(5) number of doses administered;
(6) type of person administering epinephrine (school
nurse, trained personnel, student); and
(7) any other information required by the State Board.
If a school district, public school, charter school, or
nonpublic school maintains or has an independent contractor
providing transportation to students who maintains a supply of
undesignated epinephrine injectors, then the school district,

public school, charter school, or nonpublic school must report
that information to the State Board of Education upon adoption
or change of the policy of the school district, public school,
charter school, nonpublic school, or independent contractor,
in a manner as prescribed by the State Board. The report must
include the number of undesignated epinephrine injectors in
supply.
(i-5) Within 3 days after the administration of an opioid
antagonist by a school nurse or trained personnel, the school
must report to the State Board of Education, in a form and
manner prescribed by the State Board, the following
information:
(1) the age and type of person receiving the opioid
antagonist (student, staff, or visitor);
(2) the location where symptoms developed;
(3) the type of person administering the opioid
antagonist (school nurse or trained personnel); and
(4) any other information required by the State Board.
(i-10) Within 3 days after the administration of
undesignated asthma medication by a school nurse, trained
personnel, or a student at a school or school-sponsored
activity, the school must report to the State Board of
Education, on a form and in a manner prescribed by the State
Board of Education, the following information:
(1) the age and type of person receiving the asthma
medication (student, staff, or visitor);

(2) any previously known diagnosis of asthma for the
person;
(3) the trigger that precipitated respiratory
distress, if identifiable;
(4) the location of where the symptoms developed;
(5) the number of doses administered;
(6) the type of person administering the asthma
medication (school nurse, trained personnel, or student);
(7) the outcome of the asthma medication
administration; and
(8) any other information required by the State Board.
(j) By October 1, 2015 and every year thereafter, the
State Board of Education shall submit a report to the General
Assembly identifying the frequency and circumstances of
undesignated epinephrine and undesignated asthma medication
administration during the preceding academic year. Beginning
with the 2017 report, the report shall also contain
information on which school districts, public schools, charter
schools, and nonpublic schools maintain or have independent
contractors providing transportation to students who maintain
a supply of undesignated epinephrine injectors. This report
shall be published on the State Board's Internet website on
the date the report is delivered to the General Assembly.
(j-5) Annually, each school district, public school,
charter school, or nonpublic school shall request an asthma
action plan from the parents or guardians of a pupil with

asthma. If provided, the asthma action plan must be kept on
file in the office of the school nurse or, in the absence of a
school nurse, the school administrator. Copies of the asthma
action plan may be distributed to appropriate school staff who
interact with the pupil on a regular basis, and, if
applicable, may be attached to the pupil's federal Section 504
plan or individualized education program plan.
(j-10) To assist schools with emergency response
procedures for asthma, the State Board of Education, in
consultation with statewide professional organizations with
expertise in asthma management and a statewide organization
representing school administrators, shall develop a model
asthma episode emergency response protocol before September 1,
2016. Each school district, charter school, and nonpublic
school shall adopt an asthma episode emergency response
protocol before January 1, 2017 that includes all of the
components of the State Board's model protocol.
(j-15) Every 2 years, school personnel who work with
pupils shall complete an in-person or online training program
on the management of asthma, the prevention of asthma
symptoms, and emergency response in the school setting. In
consultation with statewide professional organizations with
expertise in asthma management, the State Board of Education
shall make available resource materials for educating school
personnel about asthma and emergency response in the school
setting.

(j-20) On or before October 1, 2016 and every year
thereafter, the State Board of Education shall submit a report
to the General Assembly and the Department of Public Health
identifying the frequency and circumstances of opioid
antagonist administration during the preceding academic year.
This report shall be published on the State Board's Internet
website on the date the report is delivered to the General
Assembly.
(k) The State Board of Education may adopt rules necessary
to implement this Section.
(l) Nothing in this Section shall limit the amount of
epinephrine injectors that any type of school or student may
carry or maintain a supply of.
(Source: P.A. 101-81, eff. 7-12-19; 102-413, eff. 8-20-21;
revised 11-9-21.)
(105 ILCS 5/22-90)
(Section scheduled to be repealed on February 1, 2023)
Sec. 22-90. Whole Child Task Force.
(a) The General Assembly makes all of the following
findings:
(1) The COVID-19 pandemic has exposed systemic
inequities in American society. Students, educators, and
families throughout this State have been deeply affected
by the pandemic, and the impact of the pandemic will be
felt for years to come. The negative consequences of the

pandemic have impacted students and communities
differently along the lines of race, income, language, and
special needs. However, students in this State faced
significant unmet physical health, mental health, and
social and emotional needs even prior to the pandemic.
(2) The path to recovery requires a commitment from
adults in this State to address our students cultural,
physical, emotional, and mental health needs and to
provide them with stronger and increased systemic support
and intervention.
(3) It is well documented that trauma and toxic stress
diminish a child's ability to thrive. Forms of childhood
trauma and toxic stress include adverse childhood
experiences, systemic racism, poverty, food and housing
insecurity, and gender-based violence. The COVID-19
pandemic has exacerbated these issues and brought them
into focus.
(4) It is estimated that, overall, approximately 40%
of children in this State have experienced at least one
adverse childhood experience and approximately 10% have
experienced 3 or more adverse childhood experiences.
However, the number of adverse childhood experiences is
higher for Black and Hispanic children who are growing up
in poverty. The COVID-19 pandemic has amplified the number
of students who have experienced childhood trauma. Also,
the COVID-19 pandemic has highlighted preexisting

inequities in school disciplinary practices that
disproportionately impact Black and Brown students.
Research shows, for example, that girls of color are
disproportionately impacted by trauma, adversity, and
abuse, and instead of receiving the care and
trauma-informed support they may need, many Black girls in
particular face disproportionately harsh disciplinary
measures.
(5) The cumulative effects of trauma and toxic stress
adversely impact the physical health of students, as well
as their ability to learn, form relationships, and
self-regulate. If left unaddressed, these effects increase
a student's risk for depression, alcoholism, anxiety,
asthma, smoking, and suicide, all of which are risks that
disproportionately affect Black youth and may lead to a
host of medical diseases as an adult. Access to infant and
early childhood mental health services is critical to
ensure the social and emotional well-being of this State's
youngest children, particularly those children who have
experienced trauma.
(6) Although this State enacted measures through
Public Act 100-105 to address the high rate of early care
and preschool expulsions of infants, toddlers, and
preschoolers and the disproportionately higher rate of
expulsion for Black and Hispanic children, a recent study
found a wide variation in the awareness, understanding,

and compliance with the law by providers of early
childhood care. Further work is needed to implement the
law, which includes providing training to early childhood
care providers to increase their understanding of the law,
increasing the availability and access to infant and early
childhood mental health services, and building aligned
data collection systems to better understand expulsion
rates and to allow for accurate reporting as required by
the law.
(7) Many educators and schools in this State have
embraced and implemented evidenced-based restorative
justice and trauma-responsive and culturally relevant
practices and interventions. However, the use of these
interventions on students is often isolated or is
implemented occasionally and only if the school has the
appropriate leadership, resources, and partners available
to engage seriously in this work. It would be malpractice
to deny our students access to these practices and
interventions, especially in the aftermath of a
once-in-a-century pandemic.
(b) The Whole Child Task Force is created for the purpose
of establishing an equitable, inclusive, safe, and supportive
environment in all schools for every student in this State.
The task force shall have all of the following goals, which
means key steps have to be taken to ensure that every child in
every school in this State has access to teachers, social

workers, school leaders, support personnel, and others who
have been trained in evidenced-based interventions and
restorative practices:
(1) To create a common definition of a
trauma-responsive school, a trauma-responsive district,
and a trauma-responsive community.
(2) To outline the training and resources required to
create and sustain a system of support for
trauma-responsive schools, districts, and communities and
to identify this State's role in that work, including
recommendations concerning options for redirecting
resources from school resource officers to classroom-based
support.
(3) To identify or develop a process to conduct an
analysis of the organizations that provide training in
restorative practices, implicit bias, anti-racism, and
trauma-responsive systems, mental health services, and
social and emotional services to schools.
(4) To provide recommendations concerning the key data
to be collected and reported to ensure that this State has
a full and accurate understanding of the progress toward
ensuring that all schools, including programs and
providers of care to pre-kindergarten children, employ
restorative, anti-racist, and trauma-responsive
strategies and practices. The data collected must include
information relating to the availability of trauma

responsive support structures in schools as well as
disciplinary practices employed on students in person or
through other means, including during remote or blended
learning. It should also include information on the use
of, and funding for, school resource officers and other
similar police personnel in school programs.
(5) To recommend an implementation timeline, including
the key roles, responsibilities, and resources to advance
this State toward a system in which every school,
district, and community is progressing toward becoming
trauma-responsive.
(6) To seek input and feedback from stakeholders,
including parents, students, and educators, who reflect
the diversity of this State.
(7) To recommend legislation, policies, and practices
to prevent learning loss in students during periods of
suspension and expulsion, including, but not limited to,
remote instruction.
(c) Members of the Whole Child Task Force shall be
appointed by the State Superintendent of Education. Members of
this task force must represent the diversity of this State and
possess the expertise needed to perform the work required to
meet the goals of the task force set forth under subsection
(a). Members of the task force shall include all of the
following:
(1) One member of a statewide professional teachers'

organization.
(2) One member of another statewide professional
teachers' organization.
(3) One member who represents a school district
serving a community with a population of 500,000 or more.
(4) One member of a statewide organization
representing social workers.
(5) One member of an organization that has specific
expertise in trauma-responsive school practices and
experience in supporting schools in developing
trauma-responsive and restorative practices.
(6) One member of another organization that has
specific expertise in trauma-responsive school practices
and experience in supporting schools in developing
trauma-responsive and restorative practices.
(7) One member of a statewide organization that
represents school administrators.
(8) One member of a statewide policy organization that
works to build a healthy public education system that
prepares all students for a successful college, career,
and civic life.
(9) One member of a statewide organization that brings
teachers together to identify and address issues critical
to student success.
(10) One member of the General Assembly recommended by
the President of the Senate.

(11) One member of the General Assembly recommended by
the Speaker of the House of Representatives.
(12) One member of the General Assembly recommended by
the Minority Leader of the Senate.
(13) One member of the General Assembly recommended by
the Minority Leader of the House of Representatives.
(14) One member of a civil rights organization that
works actively on issues regarding student support.
(15) One administrator from a school district that has
actively worked to develop a system of student support
that uses a trauma-informed lens.
(16) One educator from a school district that has
actively worked to develop a system of student support
that uses a trauma-informed lens.
(17) One member of a youth-led organization.
(18) One member of an organization that has
demonstrated expertise in restorative practices.
(19) One member of a coalition of mental health and
school practitioners who assist schools in developing and
implementing trauma-informed and restorative strategies
and systems.
(20) One member of an organization whose mission is to
promote the safety, health, and economic success of
children, youth, and families in this State.
(21) One member who works or has worked as a
restorative justice coach or disciplinarian.

(22) One member who works or has worked as a social
worker.
(23) One member of the State Board of Education.
(24) One member who represents a statewide principals'
organization.
(25) One member who represents a statewide
organization of school boards.
(26) One member who has expertise in pre-kindergarten
education.
(27) One member who represents a school social worker
association.
(28) One member who represents an organization that
represents school districts in the south suburbs.
(29) One member who is a licensed clinical
psychologist who (A) has a doctor of philosophy in the
field of clinical psychology and has an appointment at an
independent free-standing children's hospital located in
Chicago, (B) serves as associate professor at a medical
school located in Chicago, and (C) serves as the clinical
director of a coalition of voluntary collaboration of
organizations that are committed to applying a trauma lens
to their efforts on behalf of families and children in the
State.
(30) One member who represents a west suburban school
district.
(31) One member from a governmental agency who has

expertise in child development and who is responsible for
coordinating early childhood mental health programs and
services.
(32) One member who has significant expertise in early
childhood mental health and childhood trauma.
(33) One member who represents an organization that
represents school districts in the collar counties.
(34) (31) One member who represents an organization
representing regional offices of education.
(d) The Whole Child Task Force shall meet at the call of
the State Superintendent of Education or his or her designee,
who shall serve as the chairperson. The State Board of
Education shall provide administrative and other support to
the task force. Members of the task force shall serve without
compensation.
(e) The Whole Child Task Force shall submit a report of its
findings and recommendations to the General Assembly, the
Illinois Legislative Black Caucus, the State Board of
Education, and the Governor on or before March 15, 2022. Upon
submitting its report, the task force is dissolved.
(f) This Section is repealed on February 1, 2023.
(Source: P.A. 101-654, eff. 3-8-21; 102-209, eff. 11-30-21
(See Section 5 of P.A. 102-671 for effective date of P.A.
102-209); 102-635, eff. 11-30-21 (See Section 10 of P.A.
102-671 for effective date of P.A. 102-635); 102-671, eff.
11-30-21; revised 1-5-22.)

(105 ILCS 5/22-91)
Sec. 22-91 22-90. Modification of athletic or team
uniform; nonpublic schools.
(a) A nonpublic school recognized by the State Board of
Education must allow a student athlete to modify his or her
athletic or team uniform for the purpose of modesty in
clothing or attire that is in accordance with the requirements
of his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the school for such modification. However, nothing in
this Section prohibits a school from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;

(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 11-9-21.)
(105 ILCS 5/22-92)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 22-92 22-90. Absenteeism and truancy policy.
(a) Each school district, charter school, or alternative
school or any school receiving public funds shall develop and
communicate to its students and their parent or guardian, on
an annual basis, an absenteeism and truancy policy, including
at least the following elements:
(1) A definition of a valid cause for absence in
accordance with Section 26-2a of this Code.
(2) A description of diagnostic procedures to be used
for identifying the causes of unexcused student
absenteeism, which shall, at a minimum, include interviews
with the student, his or her parent or guardian, and any
school officials who may have information about the
reasons for the student's attendance problem.
(3) The identification of supportive services to be

made available to truant or chronically truant students.
These services shall include, but need not be limited to,
parent conferences, student counseling, family counseling,
and information about existing community services that are
available to truant and chronically truant students and
relevant to their needs.
(4) Incorporation of the provisions relating to
chronic absenteeism in accordance with Section 26-18 of
this Code.
(b) The absenteeism and truancy policy must be updated
every 2 years and filed with the State Board of Education and
the regional superintendent of schools.
(Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
(105 ILCS 5/22-93)
Sec. 22-93 22-90. School guidance counselor; gift ban.
(a) In this Section:
"Guidance counselor" means a person employed by a school
district and working in a high school to offer students advice
and assistance in making career or college plans.
"Prohibited source" means any person who is employed by an
institution of higher education or is an agent or spouse of or
an immediate family member living with a person employed by an
institution of higher education.
"Relative" means an individual related to another as
father, mother, son, daughter, brother, sister, uncle, aunt,

great-aunt, great-uncle, first cousin, nephew, niece, husband,
wife, grandfather, grandmother, grandson, granddaughter,
father-in-law, mother-in-law, son-in-law, daughter-in-law,
brother-in-law, sister-in-law, stepfather, stepmother,
stepson, stepdaughter, stepbrother, stepsister, half brother,
or half sister or the father, mother, grandfather, or
grandmother of the individual's spouse or the individual's
fiance or fiancee.
(b) A guidance counselor may not intentionally solicit or
accept any gift from a prohibited source or solicit or accept a
gift that would be in violation of any federal or State statute
or rule. A prohibited source may not intentionally offer or
make a gift that violates this Section.
(c) The prohibition in subsection (b) does not apply to
any of the following:
(1) Opportunities, benefits, and services that are
available on the same conditions as for the general
public.
(2) Anything for which the guidance counselor pays the
market value.
(3) A gift from a relative.
(4) Anything provided by an individual on the basis of
a personal friendship, unless the guidance counselor has
reason to believe that, under the circumstances, the gift
was provided because of the official position or
employment of the guidance counselor and not because of

the personal friendship. In determining whether a gift is
provided on the basis of personal friendship, the guidance
counselor must consider the circumstances in which the
gift was offered, including any of the following:
(A) The history of the relationship between the
individual giving the gift and the guidance counselor,
including any previous exchange of gifts between those
individuals.
(B) Whether, to the actual knowledge of the
guidance counselor, the individual who gave the gift
personally paid for the gift or sought a tax deduction
or business reimbursement for the gift.
(C) Whether, to the actual knowledge of the
guidance counselor, the individual who gave the gift
also, at the same time, gave the same or a similar gift
to other school district employees.
(5) Bequests, inheritances, or other transfers at
death.
(6) Any item or items from any one prohibited source
during any calendar year having a cumulative total value
of less than $100.
(7) Promotional materials, including, but not limited
to, pens, pencils, banners, posters, and pennants.
Each exception listed under this subsection is mutually
exclusive and independent of one another.
(d) A guidance counselor is not in violation of this

Section if he or she promptly takes reasonable action to
return the gift to the prohibited source or donates the gift or
an amount equal to its value to an appropriate charity that is
exempt from income taxation under Section 501(c)(3) of the
Internal Revenue Code of 1986.
A guidance counselor or prohibited source who
intentionally violates this Section is guilty of a business
offense and is subject to a fine of at least $1,001 and up to
$5,000.
(Source: P.A. 102-327, eff. 1-1-22; revised 11-9-21.)
(105 ILCS 5/24-2) (from Ch. 122, par. 24-2)
Sec. 24-2. Holidays.
(a) Teachers shall not be required to teach on Saturdays,
nor, except as provided in subsection (b) of this Section,
shall teachers or other school employees, other than
noncertificated school employees whose presence is necessary
because of an emergency or for the continued operation and
maintenance of school facilities or property, be required to
work on legal school holidays, which are January 1, New Year's
Day; the third Monday in January, the Birthday of Dr. Martin
Luther King, Jr.; February 12, the Birthday of President
Abraham Lincoln; the first Monday in March (to be known as
Casimir Pulaski's birthday); Good Friday; the day designated
as Memorial Day by federal law; June 19, Juneteenth National
Freedom Day; July 4, Independence Day; the first Monday in

September, Labor Day; the second Monday in October, Columbus
Day; November 11, Veterans' Day; the Thursday in November
commonly called Thanksgiving Day; and December 25, Christmas
Day. School boards may grant special holidays whenever in
their judgment such action is advisable. No deduction shall be
made from the time or compensation of a school employee on
account of any legal or special holiday.
(b) A school board or other entity eligible to apply for
waivers and modifications under Section 2-3.25g of this Code
is authorized to hold school or schedule teachers' institutes,
parent-teacher conferences, or staff development on the third
Monday in January (the Birthday of Dr. Martin Luther King,
Jr.); February 12 (the Birthday of President Abraham Lincoln);
the first Monday in March (known as Casimir Pulaski's
birthday); the second Monday in October (Columbus Day); and
November 11 (Veterans' Day), provided that:
(1) the person or persons honored by the holiday are
recognized through instructional activities conducted on
that day or, if the day is not used for student attendance,
on the first school day preceding or following that day;
and
(2) the entity that chooses to exercise this authority
first holds a public hearing about the proposal. The
entity shall provide notice preceding the public hearing
to both educators and parents. The notice shall set forth
the time, date, and place of the hearing, describe the

proposal, and indicate that the entity will take testimony
from educators and parents about the proposal.
(c) Commemorative holidays, which recognize specified
patriotic, civic, cultural or historical persons, activities,
or events, are regular school days. Commemorative holidays
are: January 17 (the birthday of Muhammad Ali), January 28 (to
be known as Christa McAuliffe Day and observed as a
commemoration of space exploration), February 15 (the birthday
of Susan B. Anthony), March 29 (Viet Nam War Veterans' Day),
September 11 (September 11th Day of Remembrance), the school
day immediately preceding Veterans' Day (Korean War Veterans'
Day), October 1 (Recycling Day), October 7 (Iraq and
Afghanistan Veterans Remembrance Day), December 7 (Pearl
Harbor Veterans' Day), and any day so appointed by the
President or Governor. School boards may establish
commemorative holidays whenever in their judgment such action
is advisable. School boards shall include instruction relative
to commemorated persons, activities, or events on the
commemorative holiday or at any other time during the school
year and at any point in the curriculum when such instruction
may be deemed appropriate. The State Board of Education shall
prepare and make available to school boards instructional
materials relative to commemorated persons, activities, or
events which may be used by school boards in conjunction with
any instruction provided pursuant to this paragraph.
(d) City of Chicago School District 299 shall observe

March 4 of each year as a commemorative holiday. This holiday
shall be known as Mayors' Day which shall be a day to
commemorate and be reminded of the past Chief Executive
Officers of the City of Chicago, and in particular the late
Mayor Richard J. Daley and the late Mayor Harold Washington.
If March 4 falls on a Saturday or Sunday, Mayors' Day shall be
observed on the following Monday.
(e) Notwithstanding any other provision of State law to
the contrary, November 3, 2020 shall be a State holiday known
as 2020 General Election Day and shall be observed throughout
the State pursuant to this amendatory Act of the 101st General
Assembly. All government offices, with the exception of
election authorities, shall be closed unless authorized to be
used as a location for election day services or as a polling
place.
Notwithstanding any other provision of State law to the
contrary, November 8, 2022 shall be a State holiday known as
2022 General Election Day and shall be observed throughout the
State under Public Act 102-15 this amendatory Act of the 102nd
General Assembly.
(Source: P.A. 101-642, eff. 6-16-20; 102-14, eff. 1-1-22;
102-15, eff. 6-17-21; 102-334, eff. 8-9-21; 102-411, eff.
1-1-22; revised 10-4-21.)
(105 ILCS 5/26-1) (from Ch. 122, par. 26-1)
Sec. 26-1. Compulsory school age; exemptions. Whoever has

custody or control of any child (i) between the ages of 7 and
17 years (unless the child has already graduated from high
school) for school years before the 2014-2015 school year or
(ii) between the ages of 6 (on or before September 1) and 17
years (unless the child has already graduated from high
school) beginning with the 2014-2015 school year shall cause
such child to attend some public school in the district
wherein the child resides the entire time it is in session
during the regular school term, except as provided in Section
10-19.1, and during a required summer school program
established under Section 10-22.33B; provided, that the
following children shall not be required to attend the public
schools:
1. Any child attending a private or a parochial school
where children are taught the branches of education taught
to children of corresponding age and grade in the public
schools, and where the instruction of the child in the
branches of education is in the English language;
2. Any child who is physically or mentally unable to
attend school, such disability being certified to the
county or district truant officer by a competent physician
licensed in Illinois to practice medicine and surgery in
all its branches, a chiropractic physician licensed under
the Medical Practice Act of 1987, a licensed advanced
practice registered nurse, a licensed physician assistant,
or a Christian Science practitioner residing in this State

and listed in the Christian Science Journal; or who is
excused for temporary absence for cause by the principal
or teacher of the school which the child attends, with
absence for cause by illness being required to include the
mental or behavioral health of the child for up to 5 days
for which the child need not provide a medical note, in
which case the child shall be given the opportunity to
make up any school work missed during the mental or
behavioral health absence and, after the second mental
health day used, may be referred to the appropriate school
support personnel; the exemptions in this paragraph (2) do
not apply to any female who is pregnant or the mother of
one or more children, except where a female is unable to
attend school due to a complication arising from her
pregnancy and the existence of such complication is
certified to the county or district truant officer by a
competent physician;
3. Any child necessarily and lawfully employed
according to the provisions of the law regulating child
labor may be excused from attendance at school by the
county superintendent of schools or the superintendent of
the public school which the child should be attending, on
certification of the facts by and the recommendation of
the school board of the public school district in which
the child resides. In districts having part-time
continuation schools, children so excused shall attend

such schools at least 8 hours each week;
4. Any child over 12 and under 14 years of age while in
attendance at confirmation classes;
5. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that he is unable to attend classes or to
participate in any examination, study, or work
requirements on a particular day or days or at a
particular time of day because of religious reasons,
including the observance of a religious holiday or
participation in religious instruction, or because the
tenets of his religion forbid secular activity on a
particular day or days or at a particular time of day. A
school board may require the parent or guardian of a child
who is to be excused from attending school because of
religious reasons to give notice, not exceeding 5 days, of
the child's absence to the school principal or other
school personnel. Any child excused from attending school
under this paragraph 5 shall not be required to submit a
written excuse for such absence after returning to school.
A district superintendent shall develop and distribute to
schools appropriate procedures regarding a student's
absence for religious reasons, how schools are notified of
a student's impending absence for religious reasons, and
the requirements of Section 26-2b of this Code;
6. Any child 16 years of age or older who (i) submits

to a school district evidence of necessary and lawful
employment pursuant to paragraph 3 of this Section and
(ii) is enrolled in a graduation incentives program
pursuant to Section 26-16 of this Code or an alternative
learning opportunities program established pursuant to
Article 13B of this Code;
7. A child in any of grades 6 through 12 absent from a
public school on a particular day or days or at a
particular time of day for the purpose of sounding "Taps"
at a military honors funeral held in this State for a
deceased veteran. In order to be excused under this
paragraph 7, the student shall notify the school's
administration at least 2 days prior to the date of the
absence and shall provide the school's administration with
the date, time, and location of the military honors
funeral. The school's administration may waive this 2-day
notification requirement if the student did not receive at
least 2 days advance notice, but the student shall notify
the school's administration as soon as possible of the
absence. A student whose absence is excused under this
paragraph 7 shall be counted as if the student attended
school for purposes of calculating the average daily
attendance of students in the school district. A student
whose absence is excused under this paragraph 7 must be
allowed a reasonable time to make up school work missed
during the absence. If the student satisfactorily

completes the school work, the day of absence shall be
counted as a day of compulsory attendance and he or she may
not be penalized for that absence; and
8. Any child absent from a public school on a
particular day or days or at a particular time of day for
the reason that his or her parent or legal guardian is an
active duty member of the uniformed services and has been
called to duty for, is on leave from, or has immediately
returned from deployment to a combat zone or
combat-support postings. Such a student shall be granted 5
days of excused absences in any school year and, at the
discretion of the school board, additional excused
absences to visit the student's parent or legal guardian
relative to such leave or deployment of the parent or
legal guardian. In the case of excused absences pursuant
to this paragraph 8, the student and parent or legal
guardian shall be responsible for obtaining assignments
from the student's teacher prior to any period of excused
absence and for ensuring that such assignments are
completed by the student prior to his or her return to
school from such period of excused absence.
(Source: P.A. 102-266, eff. 1-1-22; 102-321, eff. 1-1-22;
102-406, eff. 8-19-21; revised 9-28-21.)
(105 ILCS 5/26-2a) (from Ch. 122, par. 26-2a)
(Text of Section before amendment by P.A. 102-466)

Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without
valid cause, as defined under this Section, from such
attendance for more than 1% but less than 5% of the past 180
school days.
"Valid cause" for absence shall be illness, including the
mental or behavioral health of the student, observance of a
religious holiday, death in the immediate family, or family
emergency and shall include such other situations beyond the
control of the student, as determined by the board of
education in each district, or such other circumstances which
cause reasonable concern to the parent for the mental,
emotional, or physical health or safety of the student.
"Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days.
"Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's

death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program
of studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
"Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
102-321, eff. 1-1-22.)
(Text of Section after amendment by P.A. 102-466)
Sec. 26-2a. A "truant" is defined as a child who is subject
to compulsory school attendance and who is absent without
valid cause, as defined under this Section, from such
attendance for more than 1% but less than 5% of the past 180
school days.
"Valid cause" for absence shall be illness, including the
mental or behavioral health of the student, attendance at a
verified medical or therapeutic appointment, appointment with
a victim services provider, observance of a religious holiday,
death in the immediate family, or family emergency and shall
include such other situations beyond the control of the
student, as determined by the board of education in each
district, or such other circumstances which cause reasonable

concern to the parent for the mental, emotional, or physical
health or safety of the student. For purposes of a student who
is an expectant parent, or parent, or victim of domestic or
sexual violence, "valid cause" for absence includes (i) the
fulfillment of a parenting responsibility, including, but not
limited to, arranging and providing child care, caring for a
sick child, attending prenatal or other medical appointments
for the expectant student, and attending medical appointments
for a child, and (ii) addressing circumstances resulting from
domestic or sexual violence, including, but not limited to,
experiencing domestic or sexual violence, recovering from
physical or psychological injuries, seeking medical attention,
seeking services from a domestic or sexual violence
organization, as defined in Article 26A, seeking psychological
or other counseling, participating in safety planning,
temporarily or permanently relocating, seeking legal
assistance or remedies, or taking any other action to increase
the safety or health of the student or to protect the student
from future domestic or sexual violence. A school district may
require a student to verify his or her claim of domestic or
sexual violence under Section 26A-45 prior to the district
approving a valid cause for an absence of 3 or more consecutive
days that is related to domestic or sexual violence.
"Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more

of the previous 180 regular attendance days.
"Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program
of studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
"Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 101-81, eff. 7-12-19; 102-266, eff. 1-1-22;
102-321, eff. 1-1-22; 102-466, eff. 7-1-25; revised 9-23-21.)
(105 ILCS 5/26-13) (from Ch. 122, par. 26-13)
(Text of Section before amendment by P.A. 102-157)
Sec. 26-13. Absenteeism and truancy policies. School
districts shall adopt policies, consistent with rules adopted

by the State Board of Education, which identify the
appropriate supportive services and available resources which
are provided for truants and chronic truants.
(Source: P.A. 84-1420.)
(Text of Section after amendment by P.A. 102-157)
Sec. 26-13. Absenteeism and truancy policies. School
districts shall adopt policies, consistent with rules adopted
by the State Board of Education and Section 22-92 22-90, which
identify the appropriate supportive services and available
resources which are provided for truants and chronic truants.
(Source: P.A. 102-157, eff. 7-1-22; revised 11-9-21.)
(105 ILCS 5/27-23.7)
Sec. 27-23.7. Bullying prevention.
(a) The General Assembly finds that a safe and civil
school environment is necessary for students to learn and
achieve and that bullying causes physical, psychological, and
emotional harm to students and interferes with students'
ability to learn and participate in school activities. The
General Assembly further finds that bullying has been linked
to other forms of antisocial behavior, such as vandalism,
shoplifting, skipping and dropping out of school, fighting,
using drugs and alcohol, sexual harassment, and sexual
violence. Because of the negative outcomes associated with
bullying in schools, the General Assembly finds that school

districts, charter schools, and non-public, non-sectarian
elementary and secondary schools should educate students,
parents, and school district, charter school, or non-public,
non-sectarian elementary or secondary school personnel about
what behaviors constitute prohibited bullying.
Bullying on the basis of actual or perceived race, color,
religion, sex, national origin, ancestry, age, marital status,
physical or mental disability, military status, sexual
orientation, gender-related identity or expression,
unfavorable discharge from military service, association with
a person or group with one or more of the aforementioned actual
or perceived characteristics, or any other distinguishing
characteristic is prohibited in all school districts, charter
schools, and non-public, non-sectarian elementary and
secondary schools. No student shall be subjected to bullying:
(1) during any school-sponsored education program or
activity;
(2) while in school, on school property, on school
buses or other school vehicles, at designated school bus
stops waiting for the school bus, or at school-sponsored
or school-sanctioned events or activities;
(3) through the transmission of information from a
school computer, a school computer network, or other
similar electronic school equipment; or
(4) through the transmission of information from a
computer that is accessed at a nonschool-related location,

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

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

than one person or the posting of material on an electronic
medium that may be accessed by one or more persons if the
distribution or posting creates any of the effects enumerated
in the definition of bullying in this Section.
"Policy on bullying" means a bullying prevention policy
that meets the following criteria:
(1) Includes the bullying definition provided in this
Section.
(2) Includes a statement that bullying is contrary to
State law and the policy of the school district, charter
school, or non-public, non-sectarian elementary or
secondary school and is consistent with subsection (a-5)
of this Section.
(3) Includes procedures for promptly reporting
bullying, including, but not limited to, identifying and
providing the school e-mail address (if applicable) and
school telephone number for the staff person or persons
responsible for receiving such reports and a procedure for
anonymous reporting; however, this shall not be construed
to permit formal disciplinary action solely on the basis
of an anonymous report.
(4) Consistent with federal and State laws and rules
governing student privacy rights, includes procedures for
promptly informing parents or guardians of all students
involved in the alleged incident of bullying and
discussing, as appropriate, the availability of social

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

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

(11) As part of the process of reviewing and
re-evaluating the policy under subsection (d) of this
Section, contains a policy evaluation process to assess
the outcomes and effectiveness of the policy that
includes, but is not limited to, factors such as the
frequency of victimization; student, staff, and family
observations of safety at a school; identification of
areas of a school where bullying occurs; the types of
bullying utilized; and bystander intervention or
participation. The school district, charter school, or
non-public, non-sectarian elementary or secondary school
may use relevant data and information it already collects
for other purposes in the policy evaluation. The
information developed as a result of the policy evaluation
must be made available on the Internet website of the
school district, charter school, or non-public,
non-sectarian elementary or secondary school. If an
Internet website is not available, the information must be
provided to school administrators, school board members,
school personnel, parents, guardians, and students.
(12) Is consistent with the policies of the school
board, charter school, or non-public, non-sectarian
elementary or secondary school.
"Restorative measures" means a continuum of school-based
alternatives to exclusionary discipline, such as suspensions
and expulsions, that: (i) are adapted to the particular needs

of the school and community, (ii) contribute to maintaining
school safety, (iii) protect the integrity of a positive and
productive learning climate, (iv) teach students the personal
and interpersonal skills they will need to be successful in
school and society, (v) serve to build and restore
relationships among students, families, schools, and
communities, (vi) reduce the likelihood of future disruption
by balancing accountability with an understanding of students'
behavioral health needs in order to keep students in school,
and (vii) increase student accountability if the incident of
bullying is based on religion, race, ethnicity, or any other
category that is identified in the Illinois Human Rights Act.
"School personnel" means persons employed by, on contract
with, or who volunteer in a school district, charter school,
or non-public, non-sectarian elementary or secondary school,
including without limitation school and school district
administrators, teachers, school social workers, school
counselors, school psychologists, school nurses, cafeteria
workers, custodians, bus drivers, school resource officers,
and security guards.
(c) (Blank).
(d) Each school district, charter school, and non-public,
non-sectarian elementary or secondary school shall create,
maintain, and implement a policy on bullying, which policy
must be filed with the State Board of Education. The policy or
implementing procedure shall include a process to investigate

whether a reported act of bullying is within the permissible
scope of the district's or school's jurisdiction and shall
require that the district or school provide the victim with
information regarding services that are available within the
district and community, such as counseling, support services,
and other programs. School personnel available for help with a
bully or to make a report about bullying shall be made known to
parents or legal guardians, students, and school personnel.
Every 2 years, each school district, charter school, and
non-public, non-sectarian elementary or secondary school shall
conduct a review and re-evaluation of its policy and make any
necessary and appropriate revisions. The policy must be filed
with the State Board of Education after being updated. The
State Board of Education shall monitor and provide technical
support for the implementation of policies created under this
subsection (d).
(e) This Section shall not be interpreted to prevent a
victim from seeking redress under any other available civil or
criminal law.
(Source: P.A. 102-197, eff. 7-30-21; 102-241, eff. 8-3-21;
revised 10-18-21.)
(105 ILCS 5/27-23.15)
Sec. 27-23.15. Computer science.
(a) In this Section, "computer science" means the study of
computers and algorithms, including their principles, their

hardware and software designs, their implementation, and their
impact on society. "Computer science" does not include the
study of everyday uses of computers and computer applications,
such as keyboarding or accessing the Internet.
(b) Beginning with the 2023-2024 school year, the school
board of a school district that maintains any of grades 9
through 12 shall provide an opportunity for every high school
student to take at least one computer science course aligned
to rigorous learning standards of the State Board of
Education.
(Source: P.A. 101-654, eff. 3-8-21.)
(105 ILCS 5/27-23.16)
Sec. 27-23.16 27-23.15. Study of the process of
naturalization. Every public high school may include in its
curriculum a unit of instruction about the process of
naturalization by which a foreign citizen or foreign national
becomes a U.S. citizen. The course of instruction shall
include content from the components of the naturalization test
administered by the U.S. Citizenship and Immigration Services.
Each school board shall determine the minimum amount of
instructional time under this Section.
(Source: P.A. 102-472, eff. 8-20-21; revised 11-9-21.)
(105 ILCS 5/27A-5)
(Text of Section before amendment by P.A. 102-157 and P.A.

102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This

moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and

accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September

1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer

in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees

Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Section 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code; and
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code; and
(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
(20) (19) Section 10-22.25b of this Code; .
(21) (19) Section 27-9.1a of this Code;

(22) (20) Section 27-9.1b of this Code; and
(23) (21) Section 34-18.8 of this Code; .
(25) (19) Section 2-3.188 of this Code; and
(26) (20) Section 22-85.5 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a

charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-360,
eff. 1-1-22; 102-445, eff. 8-20-21; 102-522, eff. 8-20-21;
102-558, eff. 8-20-21; 102-676, eff. 12-3-21; revised
12-21-21.)

(Text of Section after amendment by P.A. 102-157 but
before amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a
moratorium on the establishment of charter schools with

virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development
leadership training to ensure that each member has sufficient

familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.
A charter school shall comply with all non-curricular

health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an
outside, independent contractor retained by the charter

school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;
(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and

34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code; and
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code; and
(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .

(20) (19) Section 10-22.25b of this Code; .
(21) (19) Section 27-9.1a of this Code;
(22) (20) Section 27-9.1b of this Code; and
(23) (21) Section 34-18.8 of this Code; .
(25) (19) Section 2-3.188 of this Code; and
(26) (20) Section 22-85.5 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of
the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter

school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.
8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;

102-522, eff. 8-20-21; 102-558, eff. 8-20-21; 102-676, eff.
12-3-21; revised 12-21-21.)
(Text of Section after amendment by P.A. 102-466)
Sec. 27A-5. Charter school; legal entity; requirements.
(a) A charter school shall be a public, nonsectarian,
nonreligious, non-home based, and non-profit school. A charter
school shall be organized and operated as a nonprofit
corporation or other discrete, legal, nonprofit entity
authorized under the laws of the State of Illinois.
(b) A charter school may be established under this Article
by creating a new school or by converting an existing public
school or attendance center to charter school status.
Beginning on April 16, 2003 (the effective date of Public Act
93-3), in all new applications to establish a charter school
in a city having a population exceeding 500,000, operation of
the charter school shall be limited to one campus. The changes
made to this Section by Public Act 93-3 do not apply to charter
schools existing or approved on or before April 16, 2003 (the
effective date of Public Act 93-3).
(b-5) In this subsection (b-5), "virtual-schooling" means
a cyber school where students engage in online curriculum and
instruction via the Internet and electronic communication with
their teachers at remote locations and with students
participating at different times.
From April 1, 2013 through December 31, 2016, there is a

moratorium on the establishment of charter schools with
virtual-schooling components in school districts other than a
school district organized under Article 34 of this Code. This
moratorium does not apply to a charter school with
virtual-schooling components existing or approved prior to
April 1, 2013 or to the renewal of the charter of a charter
school with virtual-schooling components already approved
prior to April 1, 2013.
(c) A charter school shall be administered and governed by
its board of directors or other governing body in the manner
provided in its charter. The governing body of a charter
school shall be subject to the Freedom of Information Act and
the Open Meetings Act. No later than January 1, 2021 (one year
after the effective date of Public Act 101-291), a charter
school's board of directors or other governing body must
include at least one parent or guardian of a pupil currently
enrolled in the charter school who may be selected through the
charter school or a charter network election, appointment by
the charter school's board of directors or other governing
body, or by the charter school's Parent Teacher Organization
or its equivalent.
(c-5) No later than January 1, 2021 (one year after the
effective date of Public Act 101-291) or within the first year
of his or her first term, every voting member of a charter
school's board of directors or other governing body shall
complete a minimum of 4 hours of professional development

leadership training to ensure that each member has sufficient
familiarity with the board's or governing body's role and
responsibilities, including financial oversight and
accountability of the school, evaluating the principal's and
school's performance, adherence to the Freedom of Information
Act and the Open Meetings Act, and compliance with education
and labor law. In each subsequent year of his or her term, a
voting member of a charter school's board of directors or
other governing body shall complete a minimum of 2 hours of
professional development training in these same areas. The
training under this subsection may be provided or certified by
a statewide charter school membership association or may be
provided or certified by other qualified providers approved by
the State Board of Education.
(d) For purposes of this subsection (d), "non-curricular
health and safety requirement" means any health and safety
requirement created by statute or rule to provide, maintain,
preserve, or safeguard safe or healthful conditions for
students and school personnel or to eliminate, reduce, or
prevent threats to the health and safety of students and
school personnel. "Non-curricular health and safety
requirement" does not include any course of study or
specialized instructional requirement for which the State
Board has established goals and learning standards or which is
designed primarily to impart knowledge and skills for students
to master and apply as an outcome of their education.

A charter school shall comply with all non-curricular
health and safety requirements applicable to public schools
under the laws of the State of Illinois. On or before September
1, 2015, the State Board shall promulgate and post on its
Internet website a list of non-curricular health and safety
requirements that a charter school must meet. The list shall
be updated annually no later than September 1. Any charter
contract between a charter school and its authorizer must
contain a provision that requires the charter school to follow
the list of all non-curricular health and safety requirements
promulgated by the State Board and any non-curricular health
and safety requirements added by the State Board to such list
during the term of the charter. Nothing in this subsection (d)
precludes an authorizer from including non-curricular health
and safety requirements in a charter school contract that are
not contained in the list promulgated by the State Board,
including non-curricular health and safety requirements of the
authorizing local school board.
(e) Except as otherwise provided in the School Code, a
charter school shall not charge tuition; provided that a
charter school may charge reasonable fees for textbooks,
instructional materials, and student activities.
(f) A charter school shall be responsible for the
management and operation of its fiscal affairs, including, but
not limited to, the preparation of its budget. An audit of each
charter school's finances shall be conducted annually by an

outside, independent contractor retained by the charter
school. The contractor shall not be an employee of the charter
school or affiliated with the charter school or its authorizer
in any way, other than to audit the charter school's finances.
To ensure financial accountability for the use of public
funds, on or before December 1 of every year of operation, each
charter school shall submit to its authorizer and the State
Board a copy of its audit and a copy of the Form 990 the
charter school filed that year with the federal Internal
Revenue Service. In addition, if deemed necessary for proper
financial oversight of the charter school, an authorizer may
require quarterly financial statements from each charter
school.
(g) A charter school shall comply with all provisions of
this Article, the Illinois Educational Labor Relations Act,
all federal and State laws and rules applicable to public
schools that pertain to special education and the instruction
of English learners, and its charter. A charter school is
exempt from all other State laws and regulations in this Code
governing public schools and local school board policies;
however, a charter school is not exempt from the following:
(1) Sections 10-21.9 and 34-18.5 of this Code
regarding criminal history records checks and checks of
the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database of applicants
for employment;

(2) Sections 10-20.14, 10-22.6, 24-24, 34-19, and
34-84a of this Code regarding discipline of students;
(3) the Local Governmental and Governmental Employees
Tort Immunity Act;
(4) Section 108.75 of the General Not For Profit
Corporation Act of 1986 regarding indemnification of
officers, directors, employees, and agents;
(5) the Abused and Neglected Child Reporting Act;
(5.5) subsection (b) of Section 10-23.12 and
subsection (b) of Section 34-18.6 of this Code;
(6) the Illinois School Student Records Act;
(7) Section 10-17a of this Code regarding school
report cards;
(8) the P-20 Longitudinal Education Data System Act;
(9) Section 27-23.7 of this Code regarding bullying
prevention;
(10) Section 2-3.162 of this Code regarding student
discipline reporting;
(11) Sections 22-80 and 27-8.1 of this Code;
(12) Sections 10-20.60 and 34-18.53 of this Code;
(13) Sections 10-20.63 and 34-18.56 of this Code;
(14) Sections 22-90 and 26-18 of this Code;
(15) Section 22-30 of this Code;
(16) Sections 24-12 and 34-85 of this Code; and
(17) the Seizure Smart School Act;
(18) Section 2-3.64a-10 of this Code; and

(19) (18) Sections 10-20.73 and 34-21.9 of this Code; .
(20) (19) Section 10-22.25b of this Code; .
(21) (19) Section 27-9.1a of this Code;
(22) (20) Section 27-9.1b of this Code; and
(23) (21) Section 34-18.8 of this Code; .
(24) (19) Article 26A of this Code; .
(25) (19) Section 2-3.188 of this Code; and
(26) (20) Section 22-85.5 of this Code.
The change made by Public Act 96-104 to this subsection
(g) is declaratory of existing law.
(h) A charter school may negotiate and contract with a
school district, the governing body of a State college or
university or public community college, or any other public or
for-profit or nonprofit private entity for: (i) the use of a
school building and grounds or any other real property or
facilities that the charter school desires to use or convert
for use as a charter school site, (ii) the operation and
maintenance thereof, and (iii) the provision of any service,
activity, or undertaking that the charter school is required
to perform in order to carry out the terms of its charter.
However, a charter school that is established on or after
April 16, 2003 (the effective date of Public Act 93-3) and that
operates in a city having a population exceeding 500,000 may
not contract with a for-profit entity to manage or operate the
school during the period that commences on April 16, 2003 (the
effective date of Public Act 93-3) and concludes at the end of

the 2004-2005 school year. Except as provided in subsection
(i) of this Section, a school district may charge a charter
school reasonable rent for the use of the district's
buildings, grounds, and facilities. Any services for which a
charter school contracts with a school district shall be
provided by the district at cost. Any services for which a
charter school contracts with a local school board or with the
governing body of a State college or university or public
community college shall be provided by the public entity at
cost.
(i) In no event shall a charter school that is established
by converting an existing school or attendance center to
charter school status be required to pay rent for space that is
deemed available, as negotiated and provided in the charter
agreement, in school district facilities. However, all other
costs for the operation and maintenance of school district
facilities that are used by the charter school shall be
subject to negotiation between the charter school and the
local school board and shall be set forth in the charter.
(j) A charter school may limit student enrollment by age
or grade level.
(k) If the charter school is approved by the State Board or
Commission, then the charter school is its own local education
agency.
(Source: P.A. 101-50, eff. 7-1-20; 101-81, eff. 7-12-19;
101-291, eff. 1-1-20; 101-531, eff. 8-23-19; 101-543, eff.

8-23-19; 101-654, eff. 3-8-21; 102-51, eff. 7-9-21; 102-157,
eff. 7-1-22; 102-360, eff. 1-1-22; 102-445, eff. 8-20-21;
102-466, eff. 7-1-25; 102-522, eff. 8-20-21; 102-558, eff.
8-20-21; 102-676, eff. 12-3-21; revised 12-21-21.)
(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
Sec. 29-5. Reimbursement by State for transportation. Any
school district, maintaining a school, transporting resident
pupils to another school district's vocational program,
offered through a joint agreement approved by the State Board
of Education, as provided in Section 10-22.22 or transporting
its resident pupils to a school which meets the standards for
recognition as established by the State Board of Education
which provides transportation meeting the standards of safety,
comfort, convenience, efficiency and operation prescribed by
the State Board of Education for resident pupils in
kindergarten or any of grades 1 through 12 who: (a) reside at
least 1 1/2 miles as measured by the customary route of travel,
from the school attended; or (b) reside in areas where
conditions are such that walking constitutes a hazard to the
safety of the child when determined under Section 29-3; and
(c) are transported to the school attended from pick-up points
at the beginning of the school day and back again at the close
of the school day or transported to and from their assigned
attendance centers during the school day, shall be reimbursed
by the State as hereinafter provided in this Section.

The State will pay the prorated allowable cost of
transporting eligible pupils less the real equalized assessed
valuation as computed under paragraph (3) of subsection (d) of
Section 18-8.15 in a dual school district maintaining
secondary grades 9 to 12 inclusive times a qualifying rate of
.05%; in elementary school districts maintaining grades K to 8
times a qualifying rate of .06%; and in unit districts
maintaining grades K to 12, including partial elementary unit
districts formed pursuant to Article 11E, times a qualifying
rate of .07%. To be eligible to receive reimbursement in
excess of 4/5 of the cost to transport eligible pupils, a
school district or partial elementary unit district formed
pursuant to Article 11E shall have a Transportation Fund tax
rate of at least .12%. The Transportation Fund tax rate for a
partial elementary unit district formed pursuant Article 11E
shall be the combined elementary and high school rates
pursuant to paragraph (4) of subsection (a) of Section
18-8.15. If a school district or partial elementary unit
district formed pursuant to Article 11E does not have a .12%
Transportation Fund tax rate, the amount of its claim in
excess of 4/5 of the cost of transporting pupils shall be
reduced by the sum arrived at by subtracting the
Transportation Fund tax rate from .12% and multiplying that
amount by the district's real equalized assessed valuation as
computed under paragraph (3) of subsection (d) of Section
18-8.15, provided that in no case shall said reduction result

in reimbursement of less than 4/5 of the cost to transport
eligible pupils.
The minimum amount to be received by a district is $16
times the number of eligible pupils transported.
When calculating the reimbursement for transportation
costs, the State Board of Education may not deduct the number
of pupils enrolled in early education programs from the number
of pupils eligible for reimbursement if the pupils enrolled in
the early education programs are transported at the same time
as other eligible pupils.
Any such district transporting resident pupils during the
school day to an area vocational school or another school
district's vocational program more than 1 1/2 miles from the
school attended, as provided in Sections 10-22.20a and
10-22.22, shall be reimbursed by the State for 4/5 of the cost
of transporting eligible pupils.
School day means that period of time during which the
pupil is required to be in attendance for instructional
purposes.
If a pupil is at a location within the school district
other than his residence for child care purposes at the time
for transportation to school, that location may be considered
for purposes of determining the 1 1/2 miles from the school
attended.
Claims for reimbursement that include children who attend
any school other than a public school shall show the number of

such children transported.
Claims for reimbursement under this Section shall not be
paid for the transportation of pupils for whom transportation
costs are claimed for payment under other Sections of this
Act.
The allowable direct cost of transporting pupils for
regular, vocational, and special education pupil
transportation shall be limited to the sum of the cost of
physical examinations required for employment as a school bus
driver; the salaries of full-time or part-time drivers and
school bus maintenance personnel; employee benefits excluding
Illinois municipal retirement payments, social security
payments, unemployment insurance payments and workers'
compensation insurance premiums; expenditures to independent
carriers who operate school buses; payments to other school
districts for pupil transportation services; pre-approved
contractual expenditures for computerized bus scheduling;
expenditures for housing assistance and homeless prevention
under Sections 1-17 and 1-18 of the Education for Homeless
Children Act that are not in excess of the school district's
actual costs for providing transportation services and are not
otherwise claimed in another State or federal grant that
permits those costs to a parent, a legal guardian, any other
person who enrolled a pupil, or a homeless assistance agency
that is part of the federal McKinney-Vento Homeless Assistance
Act's continuum of care for the area in which the district is

located; the cost of gasoline, oil, tires, and other supplies
necessary for the operation of school buses; the cost of
converting buses' gasoline engines to more fuel efficient
engines or to engines which use alternative energy sources;
the cost of travel to meetings and workshops conducted by the
regional superintendent or the State Superintendent of
Education pursuant to the standards established by the
Secretary of State under Section 6-106 of the Illinois Vehicle
Code to improve the driving skills of school bus drivers; the
cost of maintenance of school buses including parts and
materials used; expenditures for leasing transportation
vehicles, except interest and service charges; the cost of
insurance and licenses for transportation vehicles;
expenditures for the rental of transportation equipment; plus
a depreciation allowance of 20% for 5 years for school buses
and vehicles approved for transporting pupils to and from
school and a depreciation allowance of 10% for 10 years for
other transportation equipment so used. Each school year, if a
school district has made expenditures to the Regional
Transportation Authority or any of its service boards, a mass
transit district, or an urban transportation district under an
intergovernmental agreement with the district to provide for
the transportation of pupils and if the public transit carrier
received direct payment for services or passes from a school
district within its service area during the 2000-2001 school
year, then the allowable direct cost of transporting pupils

for regular, vocational, and special education pupil
transportation shall also include the expenditures that the
district has made to the public transit carrier. In addition
to the above allowable costs, school districts shall also
claim all transportation supervisory salary costs, including
Illinois municipal retirement payments, and all transportation
related building and building maintenance costs without
limitation.
Special education allowable costs shall also include
expenditures for the salaries of attendants or aides for that
portion of the time they assist special education pupils while
in transit and expenditures for parents and public carriers
for transporting special education pupils when pre-approved by
the State Superintendent of Education.
Indirect costs shall be included in the reimbursement
claim for districts which own and operate their own school
buses. Such indirect costs shall include administrative costs,
or any costs attributable to transporting pupils from their
attendance centers to another school building for
instructional purposes. No school district which owns and
operates its own school buses may claim reimbursement for
indirect costs which exceed 5% of the total allowable direct
costs for pupil transportation.
The State Board of Education shall prescribe uniform
regulations for determining the above standards and shall
prescribe forms of cost accounting and standards of

determining reasonable depreciation. Such depreciation shall
include the cost of equipping school buses with the safety
features required by law or by the rules, regulations and
standards promulgated by the State Board of Education, and the
Department of Transportation for the safety and construction
of school buses provided, however, any equipment cost
reimbursed by the Department of Transportation for equipping
school buses with such safety equipment shall be deducted from
the allowable cost in the computation of reimbursement under
this Section in the same percentage as the cost of the
equipment is depreciated.
On or before August 15, annually, the chief school
administrator for the district shall certify to the State
Superintendent of Education the district's claim for
reimbursement for the school year ending on June 30 next
preceding. The State Superintendent of Education shall check
and approve the claims and prepare the vouchers showing the
amounts due for district reimbursement claims. Each fiscal
year, the State Superintendent of Education shall prepare and
transmit the first 3 vouchers to the Comptroller on the 30th
day of September, December and March, respectively, and the
final voucher, no later than June 20.
If the amount appropriated for transportation
reimbursement is insufficient to fund total claims for any
fiscal year, the State Board of Education shall reduce each
school district's allowable costs and flat grant amount

proportionately to make total adjusted claims equal the total
amount appropriated.
For purposes of calculating claims for reimbursement under
this Section for any school year beginning July 1, 2016, the
equalized assessed valuation for a school district or partial
elementary unit district formed pursuant to Article 11E used
to compute reimbursement shall be the real equalized assessed
valuation as computed under paragraph (3) of subsection (d) of
Section 18-8.15.
All reimbursements received from the State shall be
deposited into the district's transportation fund or into the
fund from which the allowable expenditures were made.
Notwithstanding any other provision of law, any school
district receiving a payment under this Section or under
Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
classify all or a portion of the funds that it receives in a
particular fiscal year or from State aid pursuant to Section
18-8.15 of this Code as funds received in connection with any
funding program for which it is entitled to receive funds from
the State in that fiscal year (including, without limitation,
any funding program referenced in this Section), regardless of
the source or timing of the receipt. The district may not
classify more funds as funds received in connection with the
funding program than the district is entitled to receive in
that fiscal year for that program. Any classification by a
district must be made by a resolution of its board of

education. The resolution must identify the amount of any
payments or general State aid to be classified under this
paragraph and must specify the funding program to which the
funds are to be treated as received in connection therewith.
This resolution is controlling as to the classification of
funds referenced therein. A certified copy of the resolution
must be sent to the State Superintendent of Education. The
resolution shall still take effect even though a copy of the
resolution has not been sent to the State Superintendent of
Education in a timely manner. No classification under this
paragraph by a district shall affect the total amount or
timing of money the district is entitled to receive under this
Code. No classification under this paragraph by a district
shall in any way relieve the district from or affect any
requirements that otherwise would apply with respect to that
funding program, including any accounting of funds by source,
reporting expenditures by original source and purpose,
reporting requirements, or requirements of providing services.
Any school district with a population of not more than
500,000 must deposit all funds received under this Article
into the transportation fund and use those funds for the
provision of transportation services.
(Source: P.A. 102-539, eff. 8-20-21; revised 11-29-21.)
(105 ILCS 5/34-2.1) (from Ch. 122, par. 34-2.1)
Sec. 34-2.1. Local school councils; composition; voter

eligibility; elections; terms.
(a) Beginning with the first local school council election
that occurs after December 3, 2021 (the effective date of
Public Act 102-677) this amendatory Act of the 102nd General
Assembly, a local school council shall be established for each
attendance center within the school district, including public
small schools within the district. Each local school council
shall consist of the following 12 voting members: the
principal of the attendance center, 2 teachers employed and
assigned to perform the majority of their employment duties at
the attendance center, 6 parents of students currently
enrolled at the attendance center, one employee of the school
district employed and assigned to perform the majority of his
or her employment duties at the attendance center who is not a
teacher, and 2 community residents. Neither the parents nor
the community residents who serve as members of the local
school council shall be employees of the Board of Education.
In each secondary attendance center, the local school council
shall consist of 13 voting members through the 2020-2021
school year, the 12 voting members described above and one
full-time student member, and 15 voting members beginning with
the 2021-2022 school year, the 12 voting members described
above and 3 full-time student members, appointed as provided
in subsection (m) below. In each attendance center enrolling
students in 7th and 8th grade, one full-time student member
shall be appointed as provided in subsection (m) of this

Section. In the event that the chief executive officer of the
Chicago School Reform Board of Trustees determines that a
local school council is not carrying out its financial duties
effectively, the chief executive officer is authorized to
appoint a representative of the business community with
experience in finance and management to serve as an advisor to
the local school council for the purpose of providing advice
and assistance to the local school council on fiscal matters.
The advisor shall have access to relevant financial records of
the local school council. The advisor may attend executive
sessions. The chief executive officer shall issue a written
policy defining the circumstances under which a local school
council is not carrying out its financial duties effectively.
(b) Within 7 days of January 11, 1991, the Mayor shall
appoint the members and officers (a Chairperson who shall be a
parent member and a Secretary) of each local school council
who shall hold their offices until their successors shall be
elected and qualified. Members so appointed shall have all the
powers and duties of local school councils as set forth in
Public Act 86-1477. The Mayor's appointments shall not require
approval by the City Council.
The membership of each local school council shall be
encouraged to be reflective of the racial and ethnic
composition of the student population of the attendance center
served by the local school council.
(c) Beginning with the 1995-1996 school year and in every

even-numbered year thereafter, the Board shall set second
semester Parent Report Card Pick-up Day for Local School
Council elections and may schedule elections at year-round
schools for the same dates as the remainder of the school
system. Elections shall be conducted as provided herein by the
Board of Education in consultation with the local school
council at each attendance center.
(c-5) Notwithstanding subsection (c), for the local school
council election set for the 2019-2020 school year, the Board
may hold the election on the first semester Parent Report Card
Pick-up Day of the 2020-2021 school year, making any necessary
modifications to the election process or date to comply with
guidance from the Department of Public Health and the federal
Centers for Disease Control and Prevention. The terms of
office of all local school council members eligible to serve
and seated on or after March 23, 2020 through January 10, 2021
are extended through January 10, 2021, provided that the
members continue to meet eligibility requirements for local
school council membership.
(d) Beginning with the 1995-96 school year, the following
procedures shall apply to the election of local school council
members at each attendance center:
(i) The elected members of each local school council
shall consist of the 6 parent members and the 2 community
resident members.
(ii) Each elected member shall be elected by the

eligible voters of that attendance center to serve for a
two-year term commencing on July 1 immediately following
the election described in subsection (c), except that the
terms of members elected to a local school council under
subsection (c-5) shall commence on January 11, 2021 and
end on July 1, 2022. Eligible voters for each attendance
center shall consist of the parents and community
residents for that attendance center.
(iii) Each eligible voter shall be entitled to cast
one vote for up to a total of 5 candidates, irrespective of
whether such candidates are parent or community resident
candidates.
(iv) Each parent voter shall be entitled to vote in
the local school council election at each attendance
center in which he or she has a child currently enrolled.
Each community resident voter shall be entitled to vote in
the local school council election at each attendance
center for which he or she resides in the applicable
attendance area or voting district, as the case may be.
(v) Each eligible voter shall be entitled to vote
once, but not more than once, in the local school council
election at each attendance center at which the voter is
eligible to vote.
(vi) The 2 teacher members and the non-teacher
employee member of each local school council shall be
appointed as provided in subsection (l) below each to

serve for a two-year term coinciding with that of the
elected parent and community resident members. From March
23, 2020 through January 10, 2021, the chief executive
officer or his or her designee may make accommodations to
fill the vacancy of a teacher or non-teacher employee
member of a local school council.
(vii) At secondary attendance centers and attendance
centers enrolling students in 7th and 8th grade, the
voting student members shall be appointed as provided in
subsection (m) below to serve for a one-year term
coinciding with the beginning of the terms of the elected
parent and community members of the local school council.
For the 2020-2021 school year, the chief executive officer
or his or her designee may make accommodations to fill the
vacancy of a student member of a local school council.
(e) The Council shall publicize the date and place of the
election by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at
the attendance center, and shall utilize such other means as
it deems necessary to maximize the involvement of all eligible
voters.
(f) Nomination. The Council shall publicize the opening of
nominations by posting notices at the attendance center, in
public places within the attendance boundaries of the
attendance center and by distributing notices to the pupils at

the attendance center, and shall utilize such other means as
it deems necessary to maximize the involvement of all eligible
voters. Not less than 2 weeks before the election date,
persons eligible to run for the Council shall submit their
name, date of birth, social security number, if available, and
some evidence of eligibility to the Council. The Council shall
encourage nomination of candidates reflecting the
racial/ethnic population of the students at the attendance
center. Each person nominated who runs as a candidate shall
disclose, in a manner determined by the Board, any economic
interest held by such person, by such person's spouse or
children, or by each business entity in which such person has
an ownership interest, in any contract with the Board, any
local school council or any public school in the school
district. Each person nominated who runs as a candidate shall
also disclose, in a manner determined by the Board, if he or
she ever has been convicted of any of the offenses specified in
subsection (c) of Section 34-18.5; provided that neither this
provision nor any other provision of this Section shall be
deemed to require the disclosure of any information that is
contained in any law enforcement record or juvenile court
record that is confidential or whose accessibility or
disclosure is restricted or prohibited under Section 5-901 or
5-905 of the Juvenile Court Act of 1987. Failure to make such
disclosure shall render a person ineligible for election or to
serve on the local school council. The same disclosure shall

be required of persons under consideration for appointment to
the Council pursuant to subsections (l) and (m) of this
Section.
(f-5) Notwithstanding disclosure, a person who has been
convicted of any of the following offenses at any time shall be
ineligible for election or appointment to a local school
council and ineligible for appointment to a local school
council pursuant to subsections (l) and (m) of this Section:
(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
11-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
12-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
Section 11-14.3, of the Criminal Code of 1961 or the Criminal
Code of 2012, or (ii) any offense committed or attempted in any
other state or against the laws of the United States, which, if
committed or attempted in this State, would have been
punishable as one or more of the foregoing offenses.
Notwithstanding disclosure, a person who has been convicted of
any of the following offenses within the 10 years previous to
the date of nomination or appointment shall be ineligible for
election or appointment to a local school council: (i) those
defined in Section 401.1, 405.1, or 405.2 of the Illinois
Controlled Substances Act or (ii) any offense committed or
attempted in any other state or against the laws of the United
States, which, if committed or attempted in this State, would
have been punishable as one or more of the foregoing offenses.

Immediately upon election or appointment, incoming local
school council members shall be required to undergo a criminal
background investigation, to be completed prior to the member
taking office, in order to identify any criminal convictions
under the offenses enumerated in Section 34-18.5. The
investigation shall be conducted by the Illinois State Police
in the same manner as provided for in Section 34-18.5.
However, notwithstanding Section 34-18.5, the social security
number shall be provided only if available. If it is
determined at any time that a local school council member or
member-elect has been convicted of any of the offenses
enumerated in this Section or failed to disclose a conviction
of any of the offenses enumerated in Section 34-18.5, the
general superintendent shall notify the local school council
member or member-elect of such determination and the local
school council member or member-elect shall be removed from
the local school council by the Board, subject to a hearing,
convened pursuant to Board rule, prior to removal.
(g) At least one week before the election date, the
Council shall publicize, in the manner provided in subsection
(e), the names of persons nominated for election.
(h) Voting shall be in person by secret ballot at the
attendance center between the hours of 6:00 a.m. and 7:00 p.m.
(i) Candidates receiving the highest number of votes shall
be declared elected by the Council. In cases of a tie, the
Council shall determine the winner by lottery.

(j) The Council shall certify the results of the election
and shall publish the results in the minutes of the Council.
(k) The general superintendent shall resolve any disputes
concerning election procedure or results and shall ensure
that, except as provided in subsections (e) and (g), no
resources of any attendance center shall be used to endorse or
promote any candidate.
(l) Beginning with the first local school council election
that occurs after December 3, 2021 (the effective date of
Public Act 102-677) this amendatory Act of the 102nd General
Assembly, in every even numbered year, the Board shall appoint
2 teacher members to each local school council. These
appointments shall be made in the following manner:
(i) The Board shall appoint 2 teachers who are
employed and assigned to perform the majority of their
employment duties at the attendance center to serve on the
local school council of the attendance center for a
two-year term coinciding with the terms of the elected
parent and community members of that local school council.
These appointments shall be made from among those teachers
who are nominated in accordance with subsection (f).
(ii) A non-binding, advisory poll to ascertain the
preferences of the school staff regarding appointments of
teachers to the local school council for that attendance
center shall be conducted in accordance with the
procedures used to elect parent and community Council

representatives. At such poll, each member of the school
staff shall be entitled to indicate his or her preference
for up to 2 candidates from among those who submitted
statements of candidacy as described above. These
preferences shall be advisory only and the Board shall
maintain absolute discretion to appoint teacher members to
local school councils, irrespective of the preferences
expressed in any such poll. Prior to the appointment of
staff members to local school councils, the Board shall
make public the vetting process of staff member
candidates. Any staff member seeking candidacy shall be
allowed to make an inquiry to the Board to determine if the
Board may deny the appointment of the staff member. An
inquiry made to the Board shall be made in writing in
accordance with Board procedure.
(iii) In the event that a teacher representative is
unable to perform his or her employment duties at the
school due to illness, disability, leave of absence,
disciplinary action, or any other reason, the Board shall
declare a temporary vacancy and appoint a replacement
teacher representative to serve on the local school
council until such time as the teacher member originally
appointed pursuant to this subsection (l) resumes service
at the attendance center or for the remainder of the term.
The replacement teacher representative shall be appointed
in the same manner and by the same procedures as teacher

representatives are appointed in subdivisions (i) and (ii)
of this subsection (l).
(m) Beginning with the 1995-1996 school year through the
2020-2021 school year, the Board shall appoint one student
member to each secondary attendance center. Beginning with the
2021-2022 school year and for every school year thereafter,
the Board shall appoint 3 student members to the local school
council of each secondary attendance center and one student
member to the local school council of each attendance center
enrolling students in 7th and 8th grade. Students enrolled in
grade 6 or above are eligible to be candidates for a local
school council. No attendance center enrolling students in 7th
and 8th grade may have more than one student member, unless the
attendance center enrolls students in grades 7 through 12, in
which case the attendance center may have a total of 3 student
members on the local school council. The Board may establish
criteria for students to be considered eligible to serve as a
student member. These appointments shall be made in the
following manner:
(i) Appointments shall be made from among those
students who submit statements of candidacy to the
principal of the attendance center, such statements to be
submitted commencing on the first day of the twentieth
week of school and continuing for 2 weeks thereafter. The
form and manner of such candidacy statements shall be
determined by the Board.

(ii) During the twenty-second week of school in every
year, the principal of each attendance center shall
conduct a binding election to ascertain the preferences of
the school students regarding the appointment of students
to the local school council for that attendance center. At
such election, each student shall be entitled to indicate
his or her preference for up to one candidate from among
those who submitted statements of candidacy as described
above. The Board shall promulgate rules to ensure that
these elections are conducted in a fair and equitable
manner and maximize the involvement of all school
students. In the case of a tie vote, the local school
council shall determine the winner by lottery. The
preferences expressed in these elections s shall be
transmitted by the principal to the Board. These
preferences shall be binding on the Board.
(iii) (Blank).
(n) The Board may promulgate such other rules and
regulations for election procedures as may be deemed necessary
to ensure fair elections.
(o) In the event that a vacancy occurs during a member's
term, the Council shall appoint a person eligible to serve on
the Council to fill the unexpired term created by the vacancy,
except that any teacher or non-teacher staff vacancy shall be
filled by the Board after considering the preferences of the
school staff as ascertained through a non-binding advisory

poll of school staff. In the case of a student vacancy, the
vacancy shall be filled by the preferences of an election poll
of students.
(p) If less than the specified number of persons is
elected within each candidate category, the newly elected
local school council shall appoint eligible persons to serve
as members of the Council for 2-year terms, as provided in
subsection (c-5) of Section 34-2.2 of this Code.
(q) The Board shall promulgate rules regarding conflicts
of interest and disclosure of economic interests which shall
apply to local school council members and which shall require
reports or statements to be filed by Council members at
regular intervals with the Secretary of the Board. Failure to
comply with such rules or intentionally falsifying such
reports shall be grounds for disqualification from local
school council membership. A vacancy on the Council for
disqualification may be so declared by the Secretary of the
Board. Rules regarding conflicts of interest and disclosure of
economic interests promulgated by the Board shall apply to
local school council members. No less than 45 days prior to the
deadline, the general superintendent shall provide notice, by
mail, to each local school council member of all requirements
and forms for compliance with economic interest statements.
(r) (1) If a parent member of a local school council ceases
to have any child enrolled in the attendance center governed
by the Local School Council due to the graduation or voluntary

transfer of a child or children from the attendance center,
the parent's membership on the Local School Council and all
voting rights are terminated immediately as of the date of the
child's graduation or voluntary transfer. If the child of a
parent member of a local school council dies during the
member's term in office, the member may continue to serve on
the local school council for the balance of his or her term.
Further, a local school council member may be removed from the
Council by a majority vote of the Council as provided in
subsection (c) of Section 34-2.2 if the Council member has
missed 3 consecutive regular meetings, not including committee
meetings, or 5 regular meetings in a 12-month period, not
including committee meetings. If a parent member of a local
school council ceases to be eligible to serve on the Council
for any other reason, he or she shall be removed by the Board
subject to a hearing, convened pursuant to Board rule, prior
to removal. A vote to remove a Council member by the local
school council shall only be valid if the Council member has
been notified personally or by certified mail, mailed to the
person's last known address, of the Council's intent to vote
on the Council member's removal at least 7 days prior to the
vote. The Council member in question shall have the right to
explain his or her actions and shall be eligible to vote on the
question of his or her removal from the Council. The
provisions of this subsection shall be contained within the
petitions used to nominate Council candidates.

(2) A person may continue to serve as a community resident
member of a local school council as long as he or she resides
in the attendance area served by the school and is not employed
by the Board nor is a parent of a student enrolled at the
school. If a community resident member ceases to be eligible
to serve on the Council, he or she shall be removed by the
Board subject to a hearing, convened pursuant to Board rule,
prior to removal.
(3) A person may continue to serve as a staff member of a
local school council as long as he or she is employed and
assigned to perform a majority of his or her duties at the
school, provided that if the staff representative resigns from
employment with the Board or voluntarily transfers to another
school, the staff member's membership on the local school
council and all voting rights are terminated immediately as of
the date of the staff member's resignation or upon the date of
the staff member's voluntary transfer to another school. If a
staff member of a local school council ceases to be eligible to
serve on a local school council for any other reason, that
member shall be removed by the Board subject to a hearing,
convened pursuant to Board rule, prior to removal.
(s) As used in this Section only, "community resident"
means a person, 17 years of age or older, residing within an
attendance area served by a school, excluding any person who
is a parent of a student enrolled in that school; provided that
with respect to any multi-area school, community resident

means any person, 17 years of age or older, residing within the
voting district established for that school pursuant to
Section 34-2.1c, excluding any person who is a parent of a
student enrolled in that school. This definition does not
apply to any provisions concerning school boards.
(Source: P.A. 101-643, eff. 6-18-20; 102-194, eff. 7-30-21;
102-538, eff. 8-20-21; 102-677, eff. 12-3-21; revised 1-9-22.)
(105 ILCS 5/34-4.5)
Sec. 34-4.5. Chronic truants.
(a) Socio-emotional focused attendance intervention. The
chief executive officer or the chief executive officer's
designee shall implement a socio-emotional focused attendance
approach that targets the underlying causes of chronic
truancy. For each pupil identified as a chronic truant, as
defined in Section 26-2a of this Code, the board may establish
an individualized student attendance plan to identify and
resolve the underlying cause of the pupil's chronic truancy.
(b) Notices. Prior to the implementation of any truancy
intervention services pursuant to subsection (d) of this
Section, the principal of the school attended by the pupil or
the principal's designee shall notify the pupil's parent or
guardian by personal visit, letter, or telephone of each
unexcused absence of the pupil. After giving the parent or
guardian notice of the tenth unexcused absence of the pupil,
the principal or the principal's designee shall send the

pupil's parent or guardian a letter, by certified mail, return
receipt requested, notifying the parent or guardian that he or
she is subjecting himself or herself to truancy intervention
services as provided under subsection (d) of this Section.
(c) (Blank).
(d) Truancy intervention services. The chief executive
officer or the chief executive officer's designee may require
the pupil or the pupil's parent or guardian or both the pupil
and the pupil's parent or guardian to do any or all of the
following: complete a parenting education program; obtain
counseling or other supportive services; and comply with an
individualized educational plan or service plan as provided by
appropriate school officials. If the parent or guardian of the
chronic truant shows that he or she took reasonable steps to
ensure attendance of the pupil at school, he or she shall not
be required to perform services.
(e) Non-compliance with services. Notwithstanding any
other provision of law to the contrary, if a pupil determined
by the chief executive officer or the chief executive
officer's designee to be a chronic truant or the parent or
guardian of the pupil fails to fully participate in the
services offered under subsection (d) of this Section, the
chief executive officer or the chief executive officer's
designee may refer the matter to the Department of Human
Services, the Department of Healthcare and Family Services, or
any other applicable organization or State agency for

socio-emotional based intervention and prevention services.
Additionally, if the circumstances regarding a pupil
identified as a chronic truant reasonably indicate that the
pupil may be subject to abuse or neglect, apart from truancy,
the chief executive officer or the chief executive officer's
designee must report any findings that support suspected abuse
or neglect to the Department of Children and Family Services
pursuant to the Abused and Neglected Child Reporting Act. A
State agency that receives a referral may enter into a data
sharing agreement with the school district to share applicable
student referral and case data. A State agency that receives a
referral from the school district shall implement an intake
process that may include a consent form that allows the agency
to share information with the school district..
(f) Limitation on applicability. Nothing in this Section
shall be construed to apply to a parent or guardian of a pupil
not required to attend a public school pursuant to Section
26-1.
(Source: P.A. 102-456, eff. 1-1-22; revised 10-6-21.)
(105 ILCS 5/34-18.5) (from Ch. 122, par. 34-18.5)
Sec. 34-18.5. Criminal history records checks and checks
of the Statewide Sex Offender Database and Statewide Murderer
and Violent Offender Against Youth Database.
(a) Licensed and nonlicensed applicants for employment
with the school district are required as a condition of

employment to authorize a fingerprint-based criminal history
records check to determine if such applicants have been
convicted of any disqualifying, enumerated criminal or drug
offense in subsection (c) of this Section or have been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State.
Authorization for the check shall be furnished by the
applicant to the school district, except that if the applicant
is a substitute teacher seeking employment in more than one
school district, or a teacher seeking concurrent part-time
employment positions with more than one school district (as a
reading specialist, special education teacher or otherwise),
or an educational support personnel employee seeking
employment positions with more than one district, any such
district may require the applicant to furnish authorization
for the check to the regional superintendent of the
educational service region in which are located the school
districts in which the applicant is seeking employment as a
substitute or concurrent part-time teacher or concurrent
educational support personnel employee. Upon receipt of this
authorization, the school district or the appropriate regional
superintendent, as the case may be, shall submit the

applicant's name, sex, race, date of birth, social security
number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The regional superintendent submitting the requisite
information to the Illinois State Police shall promptly notify
the school districts in which the applicant is seeking
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee that the
check of the applicant has been requested. The Illinois State
Police and the Federal Bureau of Investigation shall furnish,
pursuant to a fingerprint-based criminal history records
check, records of convictions, forever and hereinafter, until
expunged, to the president of the school board for the school
district that requested the check, or to the regional
superintendent who requested the check. The Illinois State
Police shall charge the school district or the appropriate
regional superintendent a fee for conducting such check, which
fee shall be deposited in the State Police Services Fund and
shall not exceed the cost of the inquiry; and the applicant
shall not be charged a fee for such check by the school
district or by the regional superintendent. Subject to
appropriations for these purposes, the State Superintendent of
Education shall reimburse the school district and regional
superintendent for fees paid to obtain criminal history
records checks under this Section.
(a-5) The school district or regional superintendent shall

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

district as authorized under subsection (b-5), the State
Superintendent of Education, the State Educator Preparation
and Licensure Board or any other person necessary to the
decision of hiring the applicant for employment. A copy of the
record of convictions obtained from the Illinois State Police
shall be provided to the applicant for employment. Upon the
check of the Statewide Sex Offender Database or Statewide
Murderer and Violent Offender Against Youth Database, the
school district or regional superintendent shall notify an
applicant as to whether or not the applicant has been
identified in the Database. If a check of an applicant for
employment as a substitute or concurrent part-time teacher or
concurrent educational support personnel employee in more than
one school district was requested by the regional
superintendent, and the Illinois State Police upon a check
ascertains that the applicant has not been convicted of any of
the enumerated criminal or drug offenses in subsection (c) of
this Section or has not been convicted, within 7 years of the
application for employment with the school district, of any
other felony under the laws of this State or of any offense
committed or attempted in any other state or against the laws
of the United States that, if committed or attempted in this
State, would have been punishable as a felony under the laws of
this State and so notifies the regional superintendent and if
the regional superintendent upon a check ascertains that the
applicant has not been identified in the Sex Offender Database

or Statewide Murderer and Violent Offender Against Youth
Database, then the regional superintendent shall issue to the
applicant a certificate evidencing that as of the date
specified by the Illinois State Police the applicant has not
been convicted of any of the enumerated criminal or drug
offenses in subsection (c) of this Section or has not been
convicted, within 7 years of the application for employment
with the school district, of any other felony under the laws of
this State or of any offense committed or attempted in any
other state or against the laws of the United States that, if
committed or attempted in this State, would have been
punishable as a felony under the laws of this State and
evidencing that as of the date that the regional
superintendent conducted a check of the Statewide Sex Offender
Database or Statewide Murderer and Violent Offender Against
Youth Database, the applicant has not been identified in the
Database. The school board of any school district may rely on
the certificate issued by any regional superintendent to that
substitute teacher, concurrent part-time teacher, or
concurrent educational support personnel employee or may
initiate its own criminal history records check of the
applicant through the Illinois State Police and its own check
of the Statewide Sex Offender Database or Statewide Murderer
and Violent Offender Against Youth Database as provided in
this Section. Any unauthorized release of confidential
information may be a violation of Section 7 of the Criminal

Identification Act.
(b-5) If a criminal history records check or check of the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database is performed by a
regional superintendent for an applicant seeking employment as
a substitute teacher with the school district, the regional
superintendent may disclose to the State Board of Education
whether the applicant has been issued a certificate under
subsection (b) based on those checks. If the State Board
receives information on an applicant under this subsection,
then it must indicate in the Educator Licensure Information
System for a 90-day period that the applicant has been issued
or has not been issued a certificate.
(c) The board of education shall not knowingly employ a
person who has been convicted of any offense that would
subject him or her to license suspension or revocation
pursuant to Section 21B-80 of this Code, except as provided
under subsection (b) of 21B-80. Further, the board of
education shall not knowingly employ a person who has been
found to be the perpetrator of sexual or physical abuse of any
minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. As a condition of
employment, the board of education must consider the status of
a person who has been issued an indicated finding of abuse or
neglect of a child by the Department of Children and Family
Services under the Abused and Neglected Child Reporting Act or

by a child welfare agency of another jurisdiction.
(d) The board of education shall not knowingly employ a
person for whom a criminal history records check and a
Statewide Sex Offender Database check have not been initiated.
(e) Within 10 days after the general superintendent of
schools, a regional office of education, or an entity that
provides background checks of license holders to public
schools receives information of a pending criminal charge
against a license holder for an offense set forth in Section
21B-80 of this Code, the superintendent, regional office of
education, or entity must notify the State Superintendent of
Education of the pending criminal charge.
No later than 15 business days after receipt of a record of
conviction or of checking the Statewide Murderer and Violent
Offender Against Youth Database or the Statewide Sex Offender
Database and finding a registration, the general
superintendent of schools or the applicable regional
superintendent shall, in writing, notify the State
Superintendent of Education of any license holder who has been
convicted of a crime set forth in Section 21B-80 of this Code.
Upon receipt of the record of a conviction of or a finding of
child abuse by a holder of any license issued pursuant to
Article 21B or Section 34-8.1 or 34-83 of this Code, the State
Superintendent of Education may initiate licensure suspension
and revocation proceedings as authorized by law. If the
receipt of the record of conviction or finding of child abuse

is received within 6 months after the initial grant of or
renewal of a license, the State Superintendent of Education
may rescind the license holder's license.
(e-5) The general superintendent of schools shall, in
writing, notify the State Superintendent of Education of any
license holder whom he or she has reasonable cause to believe
has committed an intentional act of abuse or neglect with the
result of making a child an abused child or a neglected child,
as defined in Section 3 of the Abused and Neglected Child
Reporting Act, and that act resulted in the license holder's
dismissal or resignation from the school district and must
include the Illinois Educator Identification Number (IEIN) of
the license holder and a brief description of the misconduct
alleged. This notification must be submitted within 30 days
after the dismissal or resignation. The license holder must
also be contemporaneously sent a copy of the notice by the
superintendent. All correspondence, documentation, and other
information so received by the State Superintendent of
Education, the State Board of Education, or the State Educator
Preparation and Licensure Board under this subsection (e-5) is
confidential and must not be disclosed to third parties,
except (i) as necessary for the State Superintendent of
Education or his or her designee to investigate and prosecute
pursuant to Article 21B of this Code, (ii) pursuant to a court
order, (iii) for disclosure to the license holder or his or her
representative, or (iv) as otherwise provided in this Article

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

promptly reported to the president of the appropriate school
board or school boards.
(f-5) Upon request of a school or school district, any
information obtained by the school district pursuant to
subsection (f) of this Section within the last year must be
made available to the requesting school or school district.
(g) Prior to the commencement of any student teaching
experience or required internship (which is referred to as
student teaching in this Section) in the public schools, a
student teacher is required to authorize a fingerprint-based
criminal history records check. Authorization for and payment
of the costs of the check must be furnished by the student
teacher to the school district. Upon receipt of this
authorization and payment, the school district shall submit
the student teacher's name, sex, race, date of birth, social
security number, fingerprint images, and other identifiers, as
prescribed by the Illinois State Police, to the Illinois State
Police. The Illinois State Police and the Federal Bureau of
Investigation shall furnish, pursuant to a fingerprint-based
criminal history records check, records of convictions,
forever and hereinafter, until expunged, to the president of
the board. The Illinois State Police shall charge the school
district a fee for conducting the check, which fee must not
exceed the cost of the inquiry and must be deposited into the
State Police Services Fund. The school district shall further
perform a check of the Statewide Sex Offender Database, as

authorized by the Sex Offender Community Notification Law, and
of the Statewide Murderer and Violent Offender Against Youth
Database, as authorized by the Murderer and Violent Offender
Against Youth Registration Act, for each student teacher. The
board may not knowingly allow a person to student teach for
whom a criminal history records check, a Statewide Sex
Offender Database check, and a Statewide Murderer and Violent
Offender Against Youth Database check have not been completed
and reviewed by the district.
A copy of the record of convictions obtained from the
Illinois State Police must be provided to the student teacher.
Any information concerning the record of convictions obtained
by the president of the board is confidential and may only be
transmitted to the general superintendent of schools or his or
her designee, the State Superintendent of Education, the State
Educator Preparation and Licensure Board, or, for
clarification purposes, the Illinois State Police or the
Statewide Sex Offender Database or Statewide Murderer and
Violent Offender Against Youth Database. Any unauthorized
release of confidential information may be a violation of
Section 7 of the Criminal Identification Act.
The board may not knowingly allow a person to student
teach who has been convicted of any offense that would subject
him or her to license suspension or revocation pursuant to
subsection (c) of Section 21B-80 of this Code, except as
provided under subsection (b) of Section 21B-80. Further, the

board may not allow a person to student teach if he or she has
been found to be the perpetrator of sexual or physical abuse of
a minor under 18 years of age pursuant to proceedings under
Article II of the Juvenile Court Act of 1987. The board must
consider the status of a person to student teach who has been
issued an indicated finding of abuse or neglect of a child by
the Department of Children and Family Services under the
Abused and Neglected Child Reporting Act or by a child welfare
agency of another jurisdiction.
(h) (Blank).
(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
101-643, eff. 6-18-20; 102-538, eff. 8-20-21; 102-552, eff.
1-1-22; revised 10-18-21.)
(105 ILCS 5/34-18.8) (from Ch. 122, par. 34-18.8)
Sec. 34-18.8. HIV training. School counselors, nurses,
teachers, school social workers, and other school personnel
who work with students shall be trained to have a basic
knowledge of matters relating to human immunodeficiency virus
(HIV), including the nature of the infection, its causes and
effects, the means of detecting it and preventing its
transmission, the availability of appropriate sources of
counseling and referral, and any other medically accurate
information that is age and developmentally appropriate for
such students. The Board of Education shall supervise such
training. The State Board of Education and the Department of

Public Health shall jointly develop standards for such
training.
(Source: P.A. 102-197, eff. 7-30-21; 102-522, eff. 8-20-21;
revised 10-18-21.)
(105 ILCS 5/34-18.67)
Sec. 34-18.67. Student identification; suicide prevention
information. The school district shall provide contact
information for the National Suicide Prevention Lifeline and
for the Crisis Text Line on the back of each student
identification card issued by the school district. If the
school district does not issue student identification cards to
its students or to all of its students, the school district
must publish this information on its website.
(Source: P.A. 102-134, eff. 7-23-21.)
(105 ILCS 5/34-18.71)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 34-18.71 34-18.67. Parent-teacher conference and
other meetings; caseworker. For any student who is in the
legal custody of the Department of Children and Family
Services, the liaison appointed under Section 34-18.52 must
inform the Department's Office of Education and Transition
Services of a parent-teacher conference or any other meeting
concerning the student that would otherwise involve a parent

and must, at the option of the caseworker, allow the student's
caseworker to attend the conference or meeting.
(Source: P.A. 102-199, eff. 7-1-22; revised 10-19-21.)
(105 ILCS 5/34-18.72)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 34-18.72 34-18.67. Website accessibility guidelines.
(a) As used in this Section, "Internet website or web
service" means any third party online curriculum that is made
available to enrolled students or the public by the school
district through the Internet.
(b) To ensure that the content available on an Internet
website or web service of the school district is readily
accessible to persons with disabilities, the school district
must require that the Internet website or web service comply
with Level AA of the World Wide Web Consortium's Web Content
Accessibility Guidelines 2.1 or any revised version of those
guidelines.
(Source: P.A. 102-238, eff. 8-1-22; revised 10-19-21.)
(105 ILCS 5/34-18.73)
Sec. 34-18.73 34-18.67. Parental notification of student
discipline.
(a) In this Section, "misconduct" means an incident that
involves offensive touching, a physical altercation, or the

use of violence.
(b) If a student commits an act or acts of misconduct
involving offensive touching, a physical altercation, or the
use of violence, the student's school shall provide written
notification of that misconduct to the parent or guardian of
the student.
(c) If a student makes a written statement to a school
employee relating to an act or acts of misconduct, whether the
student is engaging in the act or acts or is targeted by the
act or acts, the school shall provide the written statement to
the student's parent or guardian, upon request and in
accordance with federal and State laws and rules governing
school student records.
(d) If the parent or guardian of a student involved in an
act or acts of misconduct, whether the student is engaging in
the act or acts or is targeted by the act or acts, requests a
synopsis of any statement made by the parent's or guardian's
child, the school shall provide any existing records
responsive to that request, in accordance with federal and
State laws and rules governing school student records.
(e) A school shall make reasonable attempts to provide a
copy of any disciplinary report resulting from an
investigation into a student's act or acts of misconduct to
the parent or guardian of the student receiving disciplinary
action, including any and all restorative justice measures,
within 2 school days after the completion of the report. The

disciplinary report shall include all of the following:
(1) A description of the student's act or acts of
misconduct that resulted in disciplinary action. The names
and any identifying information of any other student or
students involved must be redacted from or not included in
the report, in accordance with federal and State student
privacy laws and rules.
(2) A description of the disciplinary action, if any,
imposed on the parent's or guardian's child, including the
duration of the disciplinary action.
(3) The school's justification and rationale for the
disciplinary action imposed on the parent's or guardian's
child, including reference to the applicable student
discipline policies, procedures, or guidelines.
(4) A description of the restorative justice measures,
if any, used on the parent's or guardian's child.
(Source: P.A. 102-251, eff. 8-6-21; revised 10-19-21.)
(105 ILCS 5/34-18.74)
Sec. 34-18.74 34-18.67. School support personnel
reporting. No later than December 1, 2022 and each December
1st annually thereafter, the school district must report to
the State Board of Education the information with regard to
the school district as of October 1st of each year beginning in
2022 as described in subsection (b) of Section 2-3.182 of this
Code and must make that information available on its website.

(Source: P.A. 102-302, eff. 1-1-22; revised 10-19-21.)
(105 ILCS 5/34-18.75)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 34-18.75 34-18.67. Identification cards; suicide
prevention information. If the school district issues an
identification card to pupils in any of grades 6 through 12,
the district shall provide contact information for the
National Suicide Prevention Lifeline (988), the Crisis Text
Line, and either the Safe2Help Illinois helpline or a local
suicide prevention hotline or both on the identification card.
The contact information shall identify each helpline that may
be contacted through text messaging. The contact information
shall be included in the school's student handbook and also
the student planner if a student planner is custom printed by
the school for distribution to pupils in any of grades 6
through 12.
(Source: P.A. 102-416, eff. 7-1-22; revised 10-19-21.)
(105 ILCS 5/34-18.76)
Sec. 34-18.76 34-18.67. Student absence; pregnancy. The
board shall adopt written policies related to absences and
missed homework or classwork assignments as a result of or
related to a student's pregnancy.
(Source: P.A. 102-471, eff. 8-20-21; revised 10-19-21.)

(105 ILCS 5/34-21.9)
Sec. 34-21.9. Modification of athletic or team uniform
permitted.
(a) The board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the board for such modification. However, nothing in this
Section prohibits a school from providing the modification to
the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;

(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 10-20-21.)
Section 315. The Illinois School Student Records Act is
amended by changing Sections 2 and 6 as follows:
(105 ILCS 10/2) (from Ch. 122, par. 50-2)
(Text of Section before amendment by P.A. 102-199 and
102-466)
Sec. 2. As used in this Act:
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or
institution and any person, agency or institution which
maintains school student records from more than one school,
but does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a

student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the
student's graduation or permanent withdrawal from the school;
and provided further that no such records or recorded
information may be released or disclosed to any person except
a person designated by the school as a substitute unless they
are first incorporated in a school student record and made
subject to all of the provisions of this Act. School student
records shall not include information maintained by law
enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family

background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include information
provided under Section 8.6 of the Abused and Neglected Child
Reporting Act and information contained in service logs
maintained by a local education agency under subsection (d) of
Section 14-8.02f of the School Code. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,
suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm to
another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(Source: P.A. 101-515, eff. 8-23-19; 102-558, eff. 8-20-21.)

(Text of Section after amendment by P.A. 102-199 but
before amendment by P.A. 102-466)
Sec. 2. As used in this Act:
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or
institution and any person, agency or institution which
maintains school student records from more than one school,
but does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the
student's graduation or permanent withdrawal from the school;
and provided further that no such records or recorded
information may be released or disclosed to any person except

a person designated by the school as a substitute unless they
are first incorporated in a school student record and made
subject to all of the provisions of this Act. School student
records shall not include information maintained by law
enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,
address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include information
provided under Section 8.6 of the Abused and Neglected Child
Reporting Act and information contained in service logs
maintained by a local education agency under subsection (d) of
Section 14-8.02f of the School Code. In addition, the student
temporary record shall include information regarding serious
disciplinary infractions that resulted in expulsion,

suspension, or the imposition of punishment or sanction. For
purposes of this provision, serious disciplinary infractions
means: infractions involving drugs, weapons, or bodily harm to
another.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(h) "Department" means the Department of Children and
Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 102-466)
Sec. 2. As used in this Act:
(a) "Student" means any person enrolled or previously
enrolled in a school.
(b) "School" means any public preschool, day care center,
kindergarten, nursery, elementary or secondary educational
institution, vocational school, special educational facility
or any other elementary or secondary educational agency or

institution and any person, agency or institution which
maintains school student records from more than one school,
but does not include a private or non-public school.
(c) "State Board" means the State Board of Education.
(d) "School Student Record" means any writing or other
recorded information concerning a student and by which a
student may be individually identified, maintained by a school
or at its direction or by an employee of a school, regardless
of how or where the information is stored. The following shall
not be deemed school student records under this Act: writings
or other recorded information maintained by an employee of a
school or other person at the direction of a school for his or
her exclusive use; provided that all such writings and other
recorded information are destroyed not later than the
student's graduation or permanent withdrawal from the school;
and provided further that no such records or recorded
information may be released or disclosed to any person except
a person designated by the school as a substitute unless they
are first incorporated in a school student record and made
subject to all of the provisions of this Act. School student
records shall not include information maintained by law
enforcement professionals working in the school.
(e) "Student Permanent Record" means the minimum personal
information necessary to a school in the education of the
student and contained in a school student record. Such
information may include the student's name, birth date,

address, grades and grade level, parents' names and addresses,
attendance records, and such other entries as the State Board
may require or authorize.
(f) "Student Temporary Record" means all information
contained in a school student record but not contained in the
student permanent record. Such information may include family
background information, intelligence test scores, aptitude
test scores, psychological and personality test results,
teacher evaluations, and other information of clear relevance
to the education of the student, all subject to regulations of
the State Board. The information shall include all of the
following:
(1) Information provided under Section 8.6 of the
Abused and Neglected Child Reporting Act and information
contained in service logs maintained by a local education
agency under subsection (d) of Section 14-8.02f of the
School Code.
(2) Information regarding serious disciplinary
infractions that resulted in expulsion, suspension, or the
imposition of punishment or sanction. For purposes of this
provision, serious disciplinary infractions means:
infractions involving drugs, weapons, or bodily harm to
another.
(3) Information concerning a student's status and
related experiences as a parent, expectant parent, or
victim of domestic or sexual violence, as defined in

Article 26A of the School Code, including a statement of
the student or any other documentation, record, or
corroborating evidence and the fact that the student has
requested or obtained assistance, support, or services
related to that status. Enforcement of this paragraph (3)
shall follow the procedures provided in Section 26A-40 of
the School Code.
(g) "Parent" means a person who is the natural parent of
the student or other person who has the primary responsibility
for the care and upbringing of the student. All rights and
privileges accorded to a parent under this Act shall become
exclusively those of the student upon his 18th birthday,
graduation from secondary school, marriage or entry into
military service, whichever occurs first. Such rights and
privileges may also be exercised by the student at any time
with respect to the student's permanent school record.
(h) "Department" means the Department of Children and
Family Services.
(Source: P.A. 101-515, eff. 8-23-19; 102-199, eff. 7-1-22;
102-466, eff. 7-1-25; 102-558, eff. 8-20-21; revised 10-8-21.)
(105 ILCS 10/6) (from Ch. 122, par. 50-6)
(Text of Section before amendment by P.A. 102-199)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:

(1) to a parent or student or person specifically
designated as a representative by a parent, as provided in
paragraph (a) of Section 5;
(2) to an employee or official of the school or school
district or State Board with current demonstrable
educational or administrative interest in the student, in
furtherance of such interest;
(3) to the official records custodian of another
school within Illinois or an official with similar
responsibilities of a school outside Illinois, in which
the student has enrolled, or intends to enroll, upon the
request of such official or student;
(4) to any person for the purpose of research,
statistical reporting, or planning, provided that such
research, statistical reporting, or planning is
permissible under and undertaken in accordance with the
federal Family Educational Rights and Privacy Act (20
U.S.C. 1232g);
(5) pursuant to a court order, provided that the
parent shall be given prompt written notice upon receipt
of such order of the terms of the order, the nature and
substance of the information proposed to be released in
compliance with such order and an opportunity to inspect
and copy the school student records and to challenge their
contents pursuant to Section 7;
(6) to any person as specifically required by State or

federal law;
(6.5) to juvenile authorities when necessary for the
discharge of their official duties who request information
prior to adjudication of the student and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of
court. For purposes of this Section "juvenile authorities"
means: (i) a judge of the circuit court and members of the
staff of the court designated by the judge; (ii) parties
to the proceedings under the Juvenile Court Act of 1987
and their attorneys; (iii) probation officers and court
appointed advocates for the juvenile authorized by the
judge hearing the case; (iv) any individual, public or
private agency having custody of the child pursuant to
court order; (v) any individual, public or private agency
providing education, medical or mental health service to
the child when the requested information is needed to
determine the appropriate service or treatment for the
minor; (vi) any potential placement provider when such
release is authorized by the court for the limited purpose
of determining the appropriateness of the potential
placement; (vii) law enforcement officers and prosecutors;
(viii) adult and juvenile prisoner review boards; (ix)
authorized military personnel; (x) individuals authorized
by court;
(7) subject to regulations of the State Board, in

connection with an emergency, to appropriate persons if
the knowledge of such information is necessary to protect
the health or safety of the student or other persons;
(8) to any person, with the prior specific dated
written consent of the parent designating the person to
whom the records may be released, provided that at the
time any such consent is requested or obtained, the parent
shall be advised in writing that he has the right to
inspect and copy such records in accordance with Section
5, to challenge their contents in accordance with Section
7 and to limit any such consent to designated records or
designated portions of the information contained therein;
(9) to a governmental agency, or social service agency
contracted by a governmental agency, in furtherance of an
investigation of a student's school attendance pursuant to
the compulsory student attendance laws of this State,
provided that the records are released to the employee or
agent designated by the agency;
(10) to those SHOCAP committee members who fall within
the meaning of "state and local officials and
authorities", as those terms are used within the meaning
of the federal Family Educational Rights and Privacy Act,
for the purposes of identifying serious habitual juvenile
offenders and matching those offenders with community
resources pursuant to Section 5-145 of the Juvenile Court
Act of 1987, but only to the extent that the release,

transfer, disclosure, or dissemination is consistent with
the Family Educational Rights and Privacy Act;
(11) to the Department of Healthcare and Family
Services in furtherance of the requirements of Section
2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
Section 10 of the School Breakfast and Lunch Program Act;
or
(12) to the State Board or another State government
agency or between or among State government agencies in
order to evaluate or audit federal and State programs or
perform research and planning, but only to the extent that
the release, transfer, disclosure, or dissemination is
consistent with the federal Family Educational Rights and
Privacy Act (20 U.S.C. 1232g); or .
(13) under Under an intergovernmental agreement if an
elementary school district and a high school district have
attendance boundaries that overlap and are parties to an
intergovernmental agreement that allows the sharing of
student records and information between the districts.
However, the sharing of student information is allowed
under an intergovernmental agreement only if the
intergovernmental agreement meets all of the following
requirements:
(A) The sharing of student information must be
voluntary and at the discretion of each school
district that is a party to the agreement.

(B) The sharing of student information applies
only to students who have been enrolled in both
districts or would be enrolled in both districts based
on district attendance boundaries, and the student's
parent or guardian has expressed in writing that the
student intends to enroll or has enrolled in the high
school district.
(C) The sharing of student information does not
exceed the scope of information that is shared among
schools in a unit school district. However, the terms
of an intergovernmental agreement may place further
limitations on the information that is allowed to be
shared.
(b) No information may be released pursuant to
subparagraph (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature
and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph (6) of paragraph (a) of this Section
6 and relates to more than 25 students.
(c) A record of any release of information pursuant to

this Section must be made and kept as a part of the school
student record and subject to the access granted by Section 5.
Such record of release shall be maintained for the life of the
school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) the nature and substance of the information
released;
(2) the name and signature of the official records
custodian releasing such information;
(3) the name of the person requesting such
information, the capacity in which such a request has been
made, and the purpose of such request;
(4) the date of the release; and
(5) a copy of any consent to such release.
(d) Except for the student and his parents, no person to
whom information is released pursuant to this Section and no
person specifically designated as a representative by a parent
may permit any other person to have access to such information
without a prior consent of the parent obtained in accordance
with the requirements of subparagraph (8) of paragraph (a) of
this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the State

Board.
(Source: P.A. 102-557, eff. 8-20-21; revised 10-14-21.)
(Text of Section after amendment by P.A. 102-199)
Sec. 6. (a) No school student records or information
contained therein may be released, transferred, disclosed or
otherwise disseminated, except as follows:
(1) to a parent or student or person specifically
designated as a representative by a parent, as provided in
paragraph (a) of Section 5;
(2) to an employee or official of the school or school
district or State Board with current demonstrable
educational or administrative interest in the student, in
furtherance of such interest;
(3) to the official records custodian of another
school within Illinois or an official with similar
responsibilities of a school outside Illinois, in which
the student has enrolled, or intends to enroll, upon the
request of such official or student;
(4) to any person for the purpose of research,
statistical reporting, or planning, provided that such
research, statistical reporting, or planning is
permissible under and undertaken in accordance with the
federal Family Educational Rights and Privacy Act (20
U.S.C. 1232g);
(5) pursuant to a court order, provided that the

parent shall be given prompt written notice upon receipt
of such order of the terms of the order, the nature and
substance of the information proposed to be released in
compliance with such order and an opportunity to inspect
and copy the school student records and to challenge their
contents pursuant to Section 7;
(6) to any person as specifically required by State or
federal law;
(6.5) to juvenile authorities when necessary for the
discharge of their official duties who request information
prior to adjudication of the student and who certify in
writing that the information will not be disclosed to any
other party except as provided under law or order of
court. For purposes of this Section "juvenile authorities"
means: (i) a judge of the circuit court and members of the
staff of the court designated by the judge; (ii) parties
to the proceedings under the Juvenile Court Act of 1987
and their attorneys; (iii) probation officers and court
appointed advocates for the juvenile authorized by the
judge hearing the case; (iv) any individual, public or
private agency having custody of the child pursuant to
court order; (v) any individual, public or private agency
providing education, medical or mental health service to
the child when the requested information is needed to
determine the appropriate service or treatment for the
minor; (vi) any potential placement provider when such

release is authorized by the court for the limited purpose
of determining the appropriateness of the potential
placement; (vii) law enforcement officers and prosecutors;
(viii) adult and juvenile prisoner review boards; (ix)
authorized military personnel; (x) individuals authorized
by court;
(7) subject to regulations of the State Board, in
connection with an emergency, to appropriate persons if
the knowledge of such information is necessary to protect
the health or safety of the student or other persons;
(8) to any person, with the prior specific dated
written consent of the parent designating the person to
whom the records may be released, provided that at the
time any such consent is requested or obtained, the parent
shall be advised in writing that he has the right to
inspect and copy such records in accordance with Section
5, to challenge their contents in accordance with Section
7 and to limit any such consent to designated records or
designated portions of the information contained therein;
(9) to a governmental agency, or social service agency
contracted by a governmental agency, in furtherance of an
investigation of a student's school attendance pursuant to
the compulsory student attendance laws of this State,
provided that the records are released to the employee or
agent designated by the agency;
(10) to those SHOCAP committee members who fall within

the meaning of "state and local officials and
authorities", as those terms are used within the meaning
of the federal Family Educational Rights and Privacy Act,
for the purposes of identifying serious habitual juvenile
offenders and matching those offenders with community
resources pursuant to Section 5-145 of the Juvenile Court
Act of 1987, but only to the extent that the release,
transfer, disclosure, or dissemination is consistent with
the Family Educational Rights and Privacy Act;
(11) to the Department of Healthcare and Family
Services in furtherance of the requirements of Section
2-3.131, 3-14.29, 10-28, or 34-18.26 of the School Code or
Section 10 of the School Breakfast and Lunch Program Act;
(12) to the State Board or another State government
agency or between or among State government agencies in
order to evaluate or audit federal and State programs or
perform research and planning, but only to the extent that
the release, transfer, disclosure, or dissemination is
consistent with the federal Family Educational Rights and
Privacy Act (20 U.S.C. 1232g); or
(12.5) (13) if the student is in the legal custody of
the Department of Children and Family Services, to the
Department's Office of Education and Transition Services;
or .
(13) under Under an intergovernmental agreement if an
elementary school district and a high school district have

attendance boundaries that overlap and are parties to an
intergovernmental agreement that allows the sharing of
student records and information between the districts.
However, the sharing of student information is allowed
under an intergovernmental agreement only if the
intergovernmental agreement meets all of the following
requirements:
(A) The sharing of student information must be
voluntary and at the discretion of each school
district that is a party to the agreement.
(B) The sharing of student information applies
only to students who have been enrolled in both
districts or would be enrolled in both districts based
on district attendance boundaries, and the student's
parent or guardian has expressed in writing that the
student intends to enroll or has enrolled in the high
school district.
(C) The sharing of student information does not
exceed the scope of information that is shared among
schools in a unit school district. However, the terms
of an intergovernmental agreement may place further
limitations on the information that is allowed to be
shared.
(b) No information may be released pursuant to
subparagraph (3) or (6) of paragraph (a) of this Section 6
unless the parent receives prior written notice of the nature

and substance of the information proposed to be released, and
an opportunity to inspect and copy such records in accordance
with Section 5 and to challenge their contents in accordance
with Section 7. Provided, however, that such notice shall be
sufficient if published in a local newspaper of general
circulation or other publication directed generally to the
parents involved where the proposed release of information is
pursuant to subparagraph (6) of paragraph (a) of this Section
6 and relates to more than 25 students.
(c) A record of any release of information pursuant to
this Section must be made and kept as a part of the school
student record and subject to the access granted by Section 5.
Such record of release shall be maintained for the life of the
school student records and shall be available only to the
parent and the official records custodian. Each record of
release shall also include:
(1) the nature and substance of the information
released;
(2) the name and signature of the official records
custodian releasing such information;
(3) the name of the person requesting such
information, the capacity in which such a request has been
made, and the purpose of such request;
(4) the date of the release; and
(5) a copy of any consent to such release.
(d) Except for the student and his or her parents or, if

applicable, the Department's Office of Education and
Transition Services, no person to whom information is released
pursuant to this Section and no person specifically designated
as a representative by a parent may permit any other person to
have access to such information without a prior consent of the
parent obtained in accordance with the requirements of
subparagraph (8) of paragraph (a) of this Section.
(e) Nothing contained in this Act shall prohibit the
publication of student directories which list student names,
addresses and other identifying information and similar
publications which comply with regulations issued by the State
Board.
(Source: P.A. 102-199, eff. 7-1-22; 102-557, eff. 8-20-21;
revised 10-14-21.)
Section 320. The Higher Education Veterans Service Act is
amended by changing Section 15 as follows:
(110 ILCS 49/15)
Sec. 15. Survey; coordinator; best practices report; best
efforts.
(a) All public colleges and universities shall, within 60
days after the effective date of this Act, conduct a survey of
the services and programs that are provided for veterans,
active duty military personnel, and their families, at each of
their respective campuses. This survey shall enumerate and

fully describe the service or program that is available, the
number of veterans or active duty personnel using the service
or program, an estimated range for potential use within a
5-year and 10-year period, information on the location of the
service or program, and how its administrators may be
contacted. The survey shall indicate the manner or manners in
which a student veteran may avail himself or herself of the
program's services. This survey must be made available to all
veterans matriculating at the college or university in the
form of an orientation-related guidebook.
Each public college and university shall make the survey
available on the homepage of all campus Internet links as soon
as practical after the completion of the survey. As soon as
possible after the completion of the survey, each public
college and university shall provide a copy of its survey to
the following:
(1) the Board of Higher Education;
(2) the Department of Veterans' Affairs;
(3) the President and Minority Leader of the Senate
and the Speaker and Minority Leader of the House of
Representatives; and
(4) the Governor.
(b) Each public college and university shall, at its
discretion, (i) appoint, within 6 months after August 7, 2009
(the effective date of this Act), an existing employee or (ii)
hire a new employee to serve as a Coordinator of Veterans and

Military Personnel Student Services on each campus of the
college or university that has an onsite, daily, full-time
student headcount above 1,000 students.
The Coordinator of Veterans and Military Personnel Student
Services shall be an ombudsperson serving the specific needs
of student veterans and military personnel and their families
and shall serve as an advocate before the administration of
the college or university for the needs of student veterans.
The college or university shall enable the Coordinator of
Veterans and Military Personnel Student Services to
communicate directly with the senior executive administration
of the college or university periodically. The college or
university shall retain unfettered discretion to determine the
organizational management structure of its institution.
In addition to any responsibilities the college or
university may assign, the Coordinator of Veterans and
Military Personnel Student Services shall make its best
efforts to create a centralized source for student veterans
and military personnel to learn how to receive all benefit
programs and services for which they are eligible.
Each college and university campus that is required to
have a Coordinator of Veterans and Military Personnel Student
Services shall regularly and conspicuously advertise the
office location and phone number of and Internet access to the
Coordinator of Veterans and Military Personnel Student
Services, along with a brief summary of the manner in which he

or she can assist student veterans. The advertisement shall
include, but is not necessarily limited to, the following:
(1) advertisements on each campus' Internet home page;
(2) any promotional mailings for student application;
and
(3) the website and any social media accounts of the
public college or university.
The Coordinator of Veterans and Military Personnel Student
Services shall facilitate other campus offices with the
promotion of programs and services that are available.
(c) Upon receipt of all of the surveys under subsection
(a) of this Section, the Board of Higher Education and the
Department of Veterans' Affairs shall conduct a joint review
of the surveys. The Department of Veterans' Affairs shall
post, on any Internet home page it may operate, a link to each
survey as posted on the Internet website for the college or
university. The Board of Higher Education shall post, on any
Internet home page it may operate, a link to each survey as
posted on the Internet website for the college or university
or an annual report or document containing survey information
for each college or university. Upon receipt of all of the
surveys, the Office of the Governor, through its military
affairs advisors, shall similarly conduct a review of the
surveys. Following its review of the surveys, the Office of
the Governor shall submit an evaluation report to each college
and university offering suggestions and insight on the conduct

of student veteran-related policies and programs.
(d) The Board of Higher Education and the Department of
Veterans' Affairs may issue a best practices report to
highlight those programs and services that are most beneficial
to veterans and active duty military personnel. The report
shall contain a fiscal needs assessment in conjunction with
any program recommendations.
(e) Each college and university campus that is required to
have a Coordinator of Veterans and Military Personnel Student
Services under subsection (b) of this Section shall make its
best efforts to create academic and social programs and
services for veterans and active duty military personnel that
will provide reasonable opportunities for academic performance
and success.
Each public college and university shall make its best
efforts to determine how its online educational curricula can
be expanded or altered to serve the needs of student veterans
and currently deployed currently-deployed military, including
a determination of whether and to what extent the public
colleges and universities can share existing technologies to
improve the online curricula of peer institutions, provided
such efforts are both practically and economically feasible.
(Source: P.A. 102-278, eff. 8-6-21; 102-295, eff. 8-6-21;
102-558, eff. 8-20-21; revised 10-18-21.)
Section 325. The Mental Health Early Action on Campus Act

is amended by changing Section 25 as follows:
(110 ILCS 58/25)
(Text of Section before amendment by P.A. 102-373 and P.A.
102-416)
Sec. 25. Awareness. To raise mental health awareness on
college campuses, each public college or university must do
all of the following:
(1) Develop and implement an annual student
orientation session aimed at raising awareness about
mental health conditions.
(2) Assess courses and seminars available to students
through their regular academic experiences and implement
mental health awareness curricula if opportunities for
integration exist.
(3) Create and feature a page on its website or mobile
application with information dedicated solely to the
mental health resources available to students at the
public college or university and in the surrounding
community.
(4) Distribute messages related to mental health
resources that encourage help-seeking behavior through the
online learning platform of the public college or
university during high stress periods of the academic
year, including, but not limited to, midterm or final
examinations. These stigma-reducing strategies must be

based on documented best practices.
(5) Three years after the effective date of this Act,
implement an online screening tool to raise awareness and
establish a mechanism to link or refer students of the
public college or university to services. Screenings and
resources must be available year round for students and,
at a minimum, must (i) include validated screening tools
for depression, an anxiety disorder, an eating disorder,
substance use, alcohol-use disorder, post-traumatic stress
disorder, and bipolar disorder, (ii) provide resources for
immediate connection to services, if indicated, including
emergency resources, (iii) provide general information
about all mental health-related resources available to
students of the public college or university, and (iv)
function anonymously.
(6) At least once per term and at times of high
academic stress, including midterm or final examinations,
provide students information regarding online screenings
and resources.
(Source: P.A. 101-251, eff. 7-1-20.)
(Text of Section after amendment by P.A. 102-373 and P.A.
102-416)
Sec. 25. Awareness. To raise mental health awareness on
college campuses, each public college or university must do
all of the following:

(1) Develop and implement an annual student
orientation session aimed at raising awareness about
mental health conditions.
(2) Assess courses and seminars available to students
through their regular academic experiences and implement
mental health awareness curricula if opportunities for
integration exist.
(3) Create and feature a page on its website or mobile
application with information dedicated solely to the
mental health resources available to students at the
public college or university and in the surrounding
community.
(4) Distribute messages related to mental health
resources that encourage help-seeking behavior through the
online learning platform of the public college or
university during high stress periods of the academic
year, including, but not limited to, midterm or final
examinations. These stigma-reducing strategies must be
based on documented best practices.
(5) Three years after the effective date of this Act,
implement an online screening tool to raise awareness and
establish a mechanism to link or refer students of the
public college or university to services. Screenings and
resources must be available year round for students and,
at a minimum, must (i) include validated screening tools
for depression, an anxiety disorder, an eating disorder,

substance use, alcohol-use disorder, post-traumatic stress
disorder, and bipolar disorder, (ii) provide resources for
immediate connection to services, if indicated, including
emergency resources, (iii) provide general information
about all mental health-related resources available to
students of the public college or university, and (iv)
function anonymously.
(6) At least once per term and at times of high
academic stress, including midterm or final examinations,
provide students information regarding online screenings
and resources.
(7) Provide contact information for the National
Suicide Prevention Lifeline (988), for the Crisis Text
Line, and a local suicide prevention hotline, and for the
mental health counseling center or program of the public
college or university on the back of each student
identification card issued by the public college or
university after July 1, 2022 (the effective date of
Public Act 102-373) this amendatory Act of the 102nd
General Assembly if the public college or university
issues student identification cards. If the public college
or university does not issue student identification cards
to its students, the public college or university must
publish the contact information on its website. The
contact information shall identify each helpline that may
be contacted through text messaging. The contact

information shall be included in the public college's or
university's student handbook and also the student planner
if a student planner is custom printed by the public
college or university for distribution to students.
(Source: P.A. 101-251, eff. 7-1-20; 102-373, eff. 7-1-22;
102-416, eff. 7-1-22; revised 9-21-21.)
Section 330. The University of Illinois Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 120 as follows:
(110 ILCS 305/120)
Sec. 120. Modification of athletic or team uniform
permitted.
(a) The Board of Trustees must allow a student athlete to
modify his or her athletic or team uniform due to the
observance of modesty in clothing or attire in accordance with
the requirements of his or her religion or his or her cultural
values or modesty preferences. The modification of the
athletic or team uniform may include, but is not limited to,
the wearing of a hijab, an undershirt, or leggings. If a
student chooses to modify his or her athletic or team uniform,
the student is responsible for all costs associated with the
modification of the uniform and the student shall not be
required to receive prior approval from the Board of Trustees
for such modification. However, nothing in this Section

prohibits the University from providing the modification to
the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 10-18-21.)
(110 ILCS 305/122)
Sec. 122 120. Academic major report. The Board of Trustees
shall provide to each enrolled student, at the time the
student declares or changes his or her academic major or
program of study, a report that contains relevant,
independent, and accurate data related to the student's major
or program of study and to the current occupational outlook
associated with that major or program of study. The report

shall provide the student with all of the following
information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 10-18-21.)
(110 ILCS 305/130)
Sec. 130 120. Availability of menstrual hygiene products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board of Trustees shall make menstrual hygiene
products available, at no cost to students, in the bathrooms
of facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,

and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 10-18-21.)
(110 ILCS 305/135)
Sec. 135 120. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board of
Trustees must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 10-18-21.)
(110 ILCS 305/140)
Sec. 140 120. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family

and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)
(110 ILCS 305/145)
(Section scheduled to be repealed on January 1, 2023)
Sec. 145 120. Carbon capture, utilization, and storage
report.
(a) Subject to appropriation, the Prairie Research
Institute at the University of Illinois at Urbana-Champaign,
in consultation with an intergovernmental advisory committee,
must file a report on the potential for carbon capture,
utilization, and storage as a climate mitigation technology
throughout Illinois with the Governor and the General Assembly
no later than December 31, 2022. The report shall provide an
assessment of Illinois subsurface storage resources, a
description of existing and selected subsurface storage
projects, and best practices for carbon storage. Additionally,
the report shall provide recommendations for policy and
regulatory needs at the State level based on its findings, and
shall, at a minimum, address all the following areas:
(1) carbon capture, utilization, and storage current
status and future storage resource potential in the
State; . Enhanced Oil Recovery shall remain outside the
scope of this study;

(2) procedures, standards, and safeguards for the
storage of carbon dioxide;
(3) permitting processes and the coordination with
applicable federal law or regulatory commissions,
including the Class VI injection well permitting process;
(4) economic impact, job creation, and job retention
from carbon capture, utilization, and storage that both
protects the environment and supports short-term and
long-term economic growth;
(5) development of knowledge capacity of appropriate
State agencies and stakeholders;
(6) environmental justice and stakeholder issues
related to carbon capture, utilization, and storage
throughout the State;
(7) leveraging federal policies and public-private
partnerships for research, design, and development to
benefit the State;
(8) liability for the storage and monitoring
maintenance of the carbon dioxide after the completion of
a carbon capture, utilization, and storage project;
(9) acquisition, ownership, and amalgamation of pore
space for carbon capture, utilization, and storage;
(10) methodologies to establish any necessary fees,
costs, or offsets; and
(11) any risks to health, safety, the environment, and
property uses or values.

(b) In developing the report under this Section, the
Prairie Research Institute shall form an advisory committee,
which shall be composed of all the following members:
(1) the Director of the Environmental Protection
Agency, or his or her designee;
(2) the Director of Natural Resources, or his or her
designee;
(3) the Director of Commerce and Economic Opportunity,
or his or her designee;
(4) the Director of the Illinois Emergency Management
Agency, or his or her designee;
(5) the Director of Agriculture, or his or her
designee;
(6) the Attorney General, or his or her designee;
(7) one member of the Senate, appointed by the
President of the Senate;
(8) one member of the House of Representatives,
appointed by the Speaker of the House of Representatives;
(9) one member of the Senate, appointed by the
Minority Leader of the Senate; and
(10) one member of the House of Representatives,
appointed by the Minority Leader of the House of
Representatives.
(c) No later than 60 days after August 13, 2021 (the
effective date of Public Act 102-341) this amendatory Act of
the 102nd General Assembly, the advisory committee shall hold

its first meeting at the call of the Executive Director of the
Prairie Research Institute, at which meeting the members shall
select a chairperson from among themselves. After its first
meeting, the committee shall meet at the call of the
chairperson. Members of the committee shall serve without
compensation. The Prairie Research Committee shall provide
administrative support to the committee.
(d) The Prairie Research Institute shall also engage with
interested stakeholders throughout the State to gain insights
into socio-economic perspectives from environmental justice
organizations, environmental non-governmental organizations,
industry, landowners, farm bureaus, manufacturing, labor
unions, and others.
(e) This Section is repealed on January 1, 2023.
(Source: P.A. 102-341, eff. 8-13-21; revised 10-18-21.)
(110 ILCS 305/150)
Sec. 150 120. Undocumented Student Liaison; Undocumented
Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
of Trustees shall designate an employee as an Undocumented
Student Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide

assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The
Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9

through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 10-18-21.)
(110 ILCS 305/155)
Sec. 155 120. Personal support worker's attendance in
class permitted. If a student of the University has a personal
support worker through the Home-Based Support Services Program
for Adults with Mental Disabilities under the Developmental
Disability and Mental Disability Services Act, the Board of

Trustees must permit the personal support worker to attend
class with the student but is not responsible for providing or
paying for the personal support worker. If the personal
support worker's attendance in class is solely to provide
personal support services to the student, the Board may not
charge the personal support worker tuition and fees for such
attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 10-18-21.)
Section 335. The University of Illinois Hospital Act is
amended by setting forth, renumbering, and changing multiple
versions of Section 8d as follows:
(110 ILCS 330/8d)
(Text of Section from P.A. 102-4 and 102-671)
Sec. 8d. N95 masks. Pursuant to and in accordance with
applicable local, State, and federal policies, guidance and
recommendations of public health and infection control
authorities, and taking into consideration the limitations on
access to N95 masks caused by disruptions in local, State,
national, and international supply chains, the University of
Illinois Hospital shall provide N95 masks to physicians
licensed under the Medical Practice Act of 1987, registered
nurses and advanced practice registered nurses licensed under
the Nurse Licensing Act, and any other employees or
contractual workers who provide direct patient care and who,

pursuant to such policies, guidance, and recommendations, are
recommended to have such a mask to safely provide such direct
patient care within a hospital setting. Nothing in this
Section shall be construed to impose any new duty or
obligation on the University of Illinois Hospital or employee
that is greater than that imposed under State and federal laws
in effect on the effective date of this amendatory Act of the
102nd General Assembly.
This Section is repealed on July 1, 2022.
(Source: P.A. 102-4, eff. 4-27-21; 102-671, eff. 11-30-21.)
(Text of Section from P.A. 102-4 and 102-674)
Sec. 8d. N95 masks. Pursuant to and in accordance with
applicable local, State, and federal policies, guidance and
recommendations of public health and infection control
authorities, and taking into consideration the limitations on
access to N95 masks caused by disruptions in local, State,
national, and international supply chains, the University of
Illinois Hospital shall provide N95 masks to physicians
licensed under the Medical Practice Act of 1987, registered
nurses and advanced practice registered nurses licensed under
the Nurse Licensing Act, and any other employees or
contractual workers who provide direct patient care and who,
pursuant to such policies, guidance, and recommendations, are
recommended to have such a mask to safely provide such direct
patient care within a hospital setting. Nothing in this

Section shall be construed to impose any new duty or
obligation on the University of Illinois Hospital or employee
that is greater than that imposed under State and federal laws
in effect on the effective date of this amendatory Act of the
102nd General Assembly.
This Section is repealed on December 31, 2022.
(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21.)
(110 ILCS 330/8e)
Sec. 8e 8d. Facility-provided medication upon discharge.
(a) The General Assembly finds that this Section is
necessary for the immediate preservation of the public peace,
health, and safety.
(b) In this Section, "facility-provided medication" has
the same meaning as provided under Section 15.10 of the
Pharmacy Practice Act.
(c) When a facility-provided medication is ordered at
least 24 hours in advance for surgical procedures and is
administered to a patient at the University of Illinois
Hospital, any unused portion of the facility-provided
medication must be offered to the patient upon discharge when
it is required for continuing treatment.
(d) A facility-provided medication shall be labeled
consistent with labeling requirements under Section 22 of the
Pharmacy Practice Act.
(e) If the facility-provided medication is used in an

operating room or emergency department setting, the prescriber
is responsible for counseling the patient on its proper use
and administration and the requirement of pharmacist
counseling is waived.
(Source: P.A. 102-155, eff. 7-23-21; revised 11-9-21.)
(110 ILCS 330/8f)
Sec. 8f 8d. Surgical smoke plume evacuation.
(a) In this Section:
"Department" means the Department of Public Health.
"Surgical smoke plume" means the by-product of the use of
energy-based devices on tissue during surgery and containing
hazardous materials, including, but not limited to,
bioaerosols bio-aeorsols, smoke, gases, tissue and cellular
fragments and particulates, and viruses.
"Surgical smoke plume evacuation system" means a dedicated
device that is designed to capture, transport, filter, and
neutralize surgical smoke plume at the site of origin and
before surgical smoke plume can make ocular contact, or
contact with the respiratory tract, of an employee.
(b) To protect patients and health care workers from the
hazards of surgical smoke plume, the University of Illinois
Hospital shall adopt policies to ensure the elimination of
surgical smoke plume by use of a surgical smoke plume
evacuation system for each procedure that generates surgical
smoke plume from the use of energy-based devices, including,

but not limited to, electrosurgery and lasers.
(c) The University of Illinois Hospital shall report to
the Department within 90 days after January 1, 2022 (the
effective date of Public Act 102-533) this amendatory Act of
the 102nd General Assembly that policies under subsection (b)
of this Section have been adopted.
(Source: P.A. 102-533, eff. 1-1-22; revised 11-9-21.)
Section 340. The Southern Illinois University Management
Act is amended by changing Section 6.6 and by setting forth,
renumbering, and changing multiple versions of Section 100 as
follows:
(110 ILCS 520/6.6)
Sec. 6.6. The Illinois Ethanol Research Advisory Board.
(a) There is established the Illinois Ethanol Research
Advisory Board (the "Advisory Board").
(b) The Advisory Board shall be composed of 14 members
including: the President of Southern Illinois University who
shall be Chairman; the Director of Commerce and Economic
Opportunity; the Director of Agriculture; the President of the
Illinois Corn Growers Association; the President of the
National Corn Growers Association; the President of the
Renewable Fuels Association; the Dean of the College of
Agricultural, Consumer, and Environmental Science, University
of Illinois at Champaign-Urbana; the Dean of the College of

Agricultural, Life, and Physical Sciences, Southern Illinois
University at Carbondale; , and 6 at-large members appointed by
the Governor representing the ethanol industry, growers,
suppliers, and universities.
(c) The 6 at-large members shall serve a term of 4 years.
The Advisory Board shall meet at least annually or at the call
of the Chairman. At any time a majority of the Advisory Board
may petition the Chairman for a meeting of the Board. Seven
members of the Advisory Board shall constitute a quorum.
(d) The Advisory Board shall:
(1) Review the annual operating plans and budget of
the National Corn-to-Ethanol Research Pilot Plant.
(2) Advise on research and development priorities and
projects to be carried out at the Corn-to-Ethanol Research
Pilot Plant.
(3) Advise on policies and procedures regarding the
management and operation of the ethanol research pilot
plant. This may include contracts, project selection, and
personnel issues.
(4) Develop bylaws.
(5) Submit a final report to the Governor and General
Assembly outlining the progress and accomplishments made
during the year along with a financial report for the
year.
(6) Establish and operate, subject to specific
appropriation for the purpose of providing facility

operating funds, the National Corn-to-Ethanol Research
Center at Southern Illinois University at Edwardsville as
a State Biorefining Center of Excellence with the
following purposes and goals:
(A) To utilize interdisciplinary,
interinstitutional, and industrial collaborations to
conduct research.
(B) To provide training and services to the
ethanol fuel industry to make projects and training to
advance the biofuels industry in the State more
affordable for the institutional and industrial
bodies, including, but not limited to, Illinois
farmer-owned ethanol cooperatives.
(C) To coordinate near-term industry research
needs and laboratory services by identifying needs and
pursuing federal and other funding sources.
(D) To develop and provide hands-on training to
prepare students for the biofuels workforce and train
workforce reentrants.
(E) To serve as an independent, third-party source
for review, testing, validation standardization, and
definition in areas of industry need.
(F) To provide seminars, tours, and informational
sessions advocating renewable energy.
(G) To provide consultation services and
information for those interested in renewable energy.

(H) To develop demonstration projects by pursuing
federal and other funding sources.
(e) The Advisory Board established by this Section is a
continuation, as changed by the Section, of the Board
established under Section 8a of the Energy Conservation and
Coal Development Act and repealed by Public Act 92-736 this
amendatory Act of the 92nd General Assembly.
(Source: P.A. 102-370, eff. 8-13-21; revised 10-6-21.)
(110 ILCS 520/100)
Sec. 100. Modification of athletic or team uniform
permitted.
(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this
Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team

uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 10-21-21.)
(110 ILCS 520/102)
Sec. 102 100. Academic major report. The Board shall
provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of
study and to the current occupational outlook associated with
that major or program of study. The report shall provide the
student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program

of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 10-21-21.)
(110 ILCS 520/110)
Sec. 110 100. Availability of menstrual hygiene products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 10-21-21.)

(110 ILCS 520/115)
Sec. 115 100. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 10-21-21.)
(110 ILCS 520/120)
Sec. 120 100. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family
and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 10-21-21.)

(110 ILCS 520/125)
Sec. 125 100. Undocumented Student Liaison; Undocumented
Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The

Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9
through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support

through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 10-21-21.)
(110 ILCS 520/130)
Sec. 130 100. Personal support worker's attendance in
class permitted. If a student of the University has a personal
support worker through the Home-Based Support Services Program
for Adults with Mental Disabilities under the Developmental
Disability and Mental Disability Services Act, the Board must
permit the personal support worker to attend class with the
student but is not responsible for providing or paying for the
personal support worker. If the personal support worker's
attendance in class is solely to provide personal support
services to the student, the Board may not charge the personal
support worker tuition and fees for such attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 10-21-21.)
Section 345. The Chicago State University Law is amended
by setting forth, renumbering, and changing multiple versions
of Section 5-210 as follows:
(110 ILCS 660/5-210)
Sec. 5-210. Modification of athletic or team uniform
permitted.

(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this
Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and

(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 10-26-21.)
(110 ILCS 660/5-212)
Sec. 5-212 5-210. Academic major report. The Board shall
provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of
study and to the current occupational outlook associated with
that major or program of study. The report shall provide the
student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 10-26-21.)

(110 ILCS 660/5-220)
Sec. 5-220 5-210. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 10-26-21.)
(110 ILCS 660/5-225)
Sec. 5-225 5-210. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.

(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 10-26-21.)
(110 ILCS 660/5-230)
Sec. 5-230 5-210. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family
and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 10-26-21.)
(110 ILCS 660/5-235)
Sec. 5-235 5-210. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide

assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The
Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9

through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 10-26-21.)
(110 ILCS 660/5-240)
Sec. 5-240 5-210. Personal support worker's attendance in
class permitted. If a student of the University has a personal
support worker through the Home-Based Support Services Program
for Adults with Mental Disabilities under the Developmental
Disability and Mental Disability Services Act, the Board must

permit the personal support worker to attend class with the
student but is not responsible for providing or paying for the
personal support worker. If the personal support worker's
attendance in class is solely to provide personal support
services to the student, the Board may not charge the personal
support worker tuition and fees for such attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 10-26-21.)
Section 350. The Eastern Illinois University Law is
amended by setting forth, renumbering, and changing multiple
versions of Section 10-210 as follows:
(110 ILCS 665/10-210)
Sec. 10-210. Modification of athletic or team uniform
permitted.
(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this

Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 10-27-21.)
(110 ILCS 665/10-212)
Sec. 10-212 10-210. Academic major report. The Board shall
provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of
study and to the current occupational outlook associated with
that major or program of study. The report shall provide the

student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 11-16-21.)
(110 ILCS 665/10-220)
Sec. 10-220 10-210. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,

and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 10-27-21.)
(110 ILCS 665/10-225)
Sec. 10-225 10-210. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 10-27-21.)
(110 ILCS 665/10-230)
Sec. 10-230 10-210. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family

and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 10-27-21.)
(110 ILCS 665/10-235)
Sec. 10-235 10-210. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status

households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The
Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9
through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed

within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 10-27-21.)
(110 ILCS 665/10-240)
Sec. 10-240 10-210. Personal support worker's attendance
in class permitted. If a student of the University has a
personal support worker through the Home-Based Support
Services Program for Adults with Mental Disabilities under the
Developmental Disability and Mental Disability Services Act,
the Board must permit the personal support worker to attend
class with the student but is not responsible for providing or
paying for the personal support worker. If the personal
support worker's attendance in class is solely to provide
personal support services to the student, the Board may not
charge the personal support worker tuition and fees for such
attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 10-27-21.)
Section 355. The Governors State University Law is amended
by setting forth, renumbering, and changing multiple versions

of Section 15-210 as follows:
(110 ILCS 670/15-210)
Sec. 15-210. Modification of athletic or team uniform
permitted.
(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this
Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;

(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 10-29-21.)
(110 ILCS 670/15-212)
Sec. 15-212 15-210. Academic major report. The Board shall
provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of
study and to the current occupational outlook associated with
that major or program of study. The report shall provide the
student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.

(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 10-29-21.)
(110 ILCS 670/15-220)
Sec. 15-220 15-210. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 10-29-21.)
(110 ILCS 670/15-225)
Sec. 15-225 15-210. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to

teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 10-29-21.)
(110 ILCS 670/15-230)
Sec. 15-230 15-210. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family
and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 10-29-21.)
(110 ILCS 670/15-235)
Sec. 15-235 15-210. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student

Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The
Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and

mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9
through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 10-29-21.)
(110 ILCS 670/15-240)

Sec. 15-240 15-210. Personal support worker's attendance
in class permitted. If a student of the University has a
personal support worker through the Home-Based Support
Services Program for Adults with Mental Disabilities under the
Developmental Disability and Mental Disability Services Act,
the Board must permit the personal support worker to attend
class with the student but is not responsible for providing or
paying for the personal support worker. If the personal
support worker's attendance in class is solely to provide
personal support services to the student, the Board may not
charge the personal support worker tuition and fees for such
attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 10-29-21.)
Section 360. The Illinois State University Law is amended
by setting forth, renumbering, and changing multiple versions
of Section 20-215 as follows:
(110 ILCS 675/20-215)
Sec. 20-215. Modification of athletic or team uniform
permitted.
(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform

may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this
Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
(110 ILCS 675/20-217)
Sec. 20-217 20-215. Academic major report. The Board shall

provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of
study and to the current occupational outlook associated with
that major or program of study. The report shall provide the
student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
(110 ILCS 675/20-225)
Sec. 20-225 20-215. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means

tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
(110 ILCS 675/20-230)
Sec. 20-230 20-215. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)

(110 ILCS 675/20-235)
Sec. 20-235 20-215. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family
and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
(110 ILCS 675/20-240)
Sec. 20-240 20-215. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois

Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The
Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9
through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private

financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
(110 ILCS 675/20-245)
Sec. 20-245 20-215. Personal support worker's attendance
in class permitted. If a student of the University has a
personal support worker through the Home-Based Support
Services Program for Adults with Mental Disabilities under the
Developmental Disability and Mental Disability Services Act,
the Board must permit the personal support worker to attend
class with the student but is not responsible for providing or
paying for the personal support worker. If the personal
support worker's attendance in class is solely to provide
personal support services to the student, the Board may not

charge the personal support worker tuition and fees for such
attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
Section 365. The Northeastern Illinois University Law is
amended by setting forth, renumbering, and changing multiple
versions of Section 25-210 as follows:
(110 ILCS 680/25-210)
Sec. 25-210. Modification of athletic or team uniform
permitted.
(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this
Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or

pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
(110 ILCS 680/25-212)
Sec. 25-212 25-210. Academic major report. The Board shall
provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of
study and to the current occupational outlook associated with
that major or program of study. The report shall provide the
student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.

(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
(110 ILCS 680/25-220)
Sec. 25-220 25-210. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)

(110 ILCS 680/25-225)
Sec. 25-225 25-210. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
(110 ILCS 680/25-230)
Sec. 25-230 25-210. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family
and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)

(110 ILCS 680/25-235)
Sec. 25-235 25-210. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The

Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9
through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support

through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
(110 ILCS 680/25-240)
Sec. 25-240 25-210. Personal support worker's attendance
in class permitted. If a student of the University has a
personal support worker through the Home-Based Support
Services Program for Adults with Mental Disabilities under the
Developmental Disability and Mental Disability Services Act,
the Board must permit the personal support worker to attend
class with the student but is not responsible for providing or
paying for the personal support worker. If the personal
support worker's attendance in class is solely to provide
personal support services to the student, the Board may not
charge the personal support worker tuition and fees for such
attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
Section 370. The Northern Illinois University Law is
amended by setting forth, renumbering, and changing multiple
versions of Section 30-220 as follows:
(110 ILCS 685/30-220)
Sec. 30-220. Modification of athletic or team uniform

permitted.
(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this
Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face

and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 11-4-21.)
(110 ILCS 685/30-222)
Sec. 30-222 30-220. Academic major report. The Board shall
provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of
study and to the current occupational outlook associated with
that major or program of study. The report shall provide the
student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).

(Source: P.A. 102-214, eff. 1-1-22; revised 11-4-21.)
(110 ILCS 685/30-230)
Sec. 30-230 30-220. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 11-4-21.)
(110 ILCS 685/30-235)
Sec. 30-235 30-220. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois

Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 11-4-21.)
(110 ILCS 685/30-240)
Sec. 30-240 30-220. Family and medical leave coverage. A
University employee who has been employed by the University
for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family
and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 11-4-21.)
(110 ILCS 685/30-245)
Sec. 30-245 30-220. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree

completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration
issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The
Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment

programs and pipeline options for students in any of grades 9
through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and
success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 11-4-21.)
(110 ILCS 685/30-250)
Sec. 30-250 30-220. Personal support worker's attendance
in class permitted. If a student of the University has a
personal support worker through the Home-Based Support
Services Program for Adults with Mental Disabilities under the

Developmental Disability and Mental Disability Services Act,
the Board must permit the personal support worker to attend
class with the student but is not responsible for providing or
paying for the personal support worker. If the personal
support worker's attendance in class is solely to provide
personal support services to the student, the Board may not
charge the personal support worker tuition and fees for such
attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 11-4-21.)
Section 375. The Western Illinois University Law is
amended by setting forth, renumbering, and changing multiple
versions of Section 35-215 as follows:
(110 ILCS 690/35-215)
Sec. 35-215. Modification of athletic or team uniform
permitted.
(a) The Board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and

the student shall not be required to receive prior approval
from the Board for such modification. However, nothing in this
Section prohibits the University from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color
of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)
(110 ILCS 690/35-217)
Sec. 35-217 35-215. Academic major report. The Board shall
provide to each enrolled student, at the time the student
declares or changes his or her academic major or program of
study, a report that contains relevant, independent, and
accurate data related to the student's major or program of

study and to the current occupational outlook associated with
that major or program of study. The report shall provide the
student with all of the following information:
(1) The estimated cost of his or her education
associated with pursuing a degree in that major or program
of study.
(2) The average monthly student loan payment over a
period of 20 years based on the estimated cost of his or
her education under paragraph (1).
(3) The average job placement rate within 12 months
after graduation for a graduate who holds a degree in that
major or program of study.
(4) The average entry-level wage or salary for an
occupation related to that major or program of study.
(5) The average wage or salary 5 years after entry
into an occupation under paragraph (4).
(Source: P.A. 102-214, eff. 1-1-22; revised 11-5-21.)
(110 ILCS 690/35-225)
Sec. 35-225 35-215. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) The Board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of

facilities or portions of facilities that (i) are owned or
leased by the Board or over which the Board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)
(110 ILCS 690/35-230)
Sec. 35-230 35-215. Adjunct professor; status of class.
(a) At least 30 days before the beginning of a term and
again at 14 days before the beginning of the term, the Board
must notify an adjunct professor about the status of
enrollment of the class the adjunct professor was hired to
teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)
(110 ILCS 690/35-235)
Sec. 35-235 35-215. Family and medical leave coverage. A
University employee who has been employed by the University

for at least 12 months and who has worked at least 1,000 hours
in the previous 12-month period shall be eligible for family
and medical leave under the same terms and conditions as leave
provided to eligible employees under the federal Family and
Medical Leave Act of 1993.
(Source: P.A. 102-335, eff. 1-1-22; revised 11-5-21.)
(110 ILCS 690/35-240)
Sec. 35-240 35-215. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, the Board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students,
graduate students, and professional-track students. An
employee who is designated as an Undocumented Student Liaison
must be knowledgeable about current legislation and policy
changes through professional development with the Illinois
Dream Fund Commission to provide the wrap-around services to
such students. The Illinois Dream Fund Commission shall
conduct professional development under this Section. The
Illinois Dream Fund Commission's task force on immigration

issues and the Undocumented Student Liaison shall ensure that
undocumented immigrants and students from mixed status
households receive equitable and inclusive access to the
University's retention and matriculation programs.
The Board shall ensure that an Undocumented Student
Liaison is available at each campus of the University. The
Undocumented Student Liaison must be placed in a location that
provides direct access for students in collaboration with the
retention and matriculation programs of the University. The
Undocumented Student Liaison shall report directly to senior
leadership and shall assist leadership with the review of
policies and procedures that directly affect undocumented and
mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9
through 12.
(b) The Board is encouraged to establish an Undocumented
Student Resource Center on each of its campuses. An A
Undocumented Student Resource Center may offer support
services, including, but not limited to, State and private
financial assistance, academic and career counseling, and
retention and matriculation support services, as well as
mental health counseling options because the changing
immigration climate impacts a student's overall well-being and

success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The Board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)
(110 ILCS 690/35-245)
Sec. 35-245 35-215. Personal support worker's attendance
in class permitted. If a student of the University has a
personal support worker through the Home-Based Support
Services Program for Adults with Mental Disabilities under the
Developmental Disability and Mental Disability Services Act,
the Board must permit the personal support worker to attend
class with the student but is not responsible for providing or
paying for the personal support worker. If the personal
support worker's attendance in class is solely to provide
personal support services to the student, the Board may not
charge the personal support worker tuition and fees for such
attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)

Section 380. The Public Community College Act is amended
by setting forth, renumbering, and changing multiple versions
of Section 3-29.14 as follows:
(110 ILCS 805/3-29.14)
Sec. 3-29.14. Modification of athletic or team uniform
permitted.
(a) A board must allow a student athlete to modify his or
her athletic or team uniform due to the observance of modesty
in clothing or attire in accordance with the requirements of
his or her religion or his or her cultural values or modesty
preferences. The modification of the athletic or team uniform
may include, but is not limited to, the wearing of a hijab, an
undershirt, or leggings. If a student chooses to modify his or
her athletic or team uniform, the student is responsible for
all costs associated with the modification of the uniform and
the student shall not be required to receive prior approval
from the board for such modification. However, nothing in this
Section prohibits the community college from providing the
modification to the student.
(b) At a minimum, any modification of the athletic or team
uniform must not interfere with the movement of the student or
pose a safety hazard to the student or to other athletes or
players. The modification of headgear is permitted if the
headgear:
(1) is black, white, the predominant predominate color

of the uniform, or the same color for all players on the
team;
(2) does not cover any part of the face;
(3) is not dangerous to the player or to the other
players;
(4) has no opening or closing elements around the face
and neck; and
(5) has no parts extruding from its surface.
(Source: P.A. 102-51, eff. 7-9-21; revised 11-5-21.)
(110 ILCS 805/3-29.14a)
Sec. 3-29.14a 3-29.14. Availability of menstrual hygiene
products.
(a) In this Section, "menstrual hygiene products" means
tampons and sanitary napkins for use in connection with the
menstrual cycle.
(b) Each board shall make menstrual hygiene products
available, at no cost to students, in the bathrooms of
facilities or portions of facilities that (i) are owned or
leased by the board or over which the board has care, custody,
and control and (ii) are used for student instruction or
administrative purposes.
(Source: P.A. 102-250, eff. 8-5-21; revised 11-5-21.)
(110 ILCS 805/3-29.16)
Sec. 3-29.16 3-29.14. Adjunct professor; status of class.

(a) At least 30 days before the beginning of a semester or
term and again at 14 days before the beginning of the semester
or term, a community college must notify an adjunct professor
about the status of class enrollment of the class the adjunct
professor was assigned to teach.
(b) This Section does not apply if the Governor has
declared a disaster due to a public health emergency or a
natural disaster pursuant to Section 7 of the Illinois
Emergency Management Agency Act.
(c) Collective bargaining agreements that are in effect on
January 1, 2022 (the effective date of Public Act 102-260)
this amendatory Act of the 102nd General Assembly are exempt
from the requirements of this Section.
(Source: P.A. 102-260, eff. 1-1-22; revised 11-5-21.)
(110 ILCS 805/3-29.17)
Sec. 3-29.17 3-29.14. Undocumented Student Liaison;
Undocumented Student Resource Center.
(a) Beginning with the 2022-2023 academic year, a board
shall designate an employee as an Undocumented Student
Resource Liaison to be available on campus to provide
assistance to undocumented students and mixed status students
within the United States in streamlining access to financial
aid and academic support to successfully matriculate to degree
completion. The Undocumented Student Liaison shall provide
assistance to vocational students, undergraduate students, and

professional-track students. An employee who is designated as
an Undocumented Student Liaison must be knowledgeable about
current legislation and policy changes through professional
development with the Illinois Dream Fund Commission to provide
the wrap-around services to such students. The Illinois Dream
Fund Commission shall conduct professional development under
this Section. The Illinois Dream Fund Commission's task force
on immigration issues and the Undocumented Student Liaison
shall ensure that undocumented immigrants and students from
mixed status households receive equitable and inclusive access
to the community college district's retention and
matriculation programs.
The board shall ensure that an Undocumented Student
Liaison is available at each campus of the community college
district. The Undocumented Student Liaison must be placed in a
location that provides direct access for students in
collaboration with the retention and matriculation programs of
the community college district. The Undocumented Student
Liaison shall report directly to senior leadership and shall
assist leadership with the review of policies and procedures
that directly affect undocumented and mixed status students.
An Undocumented Student Liaison may work on outreach
efforts to provide access to resources and support within the
grade P-20 education pipeline by supporting summer enrichment
programs and pipeline options for students in any of grades 9
through 12.

(b) A board is encouraged to establish an Undocumented
Student Resource Center on each campus of the community
college district. An A Undocumented Student Resource Center
may offer support services, including, but not limited to,
State and private financial assistance, academic and career
counseling, and retention and matriculation support services,
as well as mental health counseling options because the
changing immigration climate impacts a student's overall
well-being and success.
An Undocumented Student Resource Center may be housed
within an existing student service center or academic center,
and the new construction of an Undocumented Student Resource
Center is not required under this Section.
The board may seek and accept any financial support
through institutional advancement, private gifts, or donations
to aid in the creation and operation of and the services
provided by an Undocumented Student Resource Center.
(Source: P.A. 102-475, eff. 8-20-21; revised 11-5-21.)
(110 ILCS 805/3-29.18)
Sec. 3-29.18 3-29.14. Students with disabilities.
(a) Each community college district shall provide access
to higher education for students with disabilities, including,
but not limited to, students with intellectual or
developmental disabilities. Each community college is
encouraged to offer for-credit and non-credit courses as

deemed appropriate for the individual student based on the
student's abilities, interests, and postsecondary transition
goals, with the appropriate individualized supplementary aids
and accommodations, including general education courses,
career and technical education, vocational training,
continuing education certificates, individualized learning
paths, and life skills courses for students with disabilities.
(b) Each community college is strongly encouraged to have
its disability services coordinator or the coordinator's
representative participate either in person or remotely in
meetings held by high schools within the community college
district to provide information to the student's
individualized education program team, including the student
and the student's parent or guardian, about the community
college and the availability of courses and programs at the
community college.
(Source: P.A. 102-516, eff. 8-20-21; revised 11-5-21.)
(110 ILCS 805/3-29.19)
Sec. 3-29.19 3-29.14. Personal support worker's attendance
in class permitted. If a student of a community college
district has a personal support worker through the Home-Based
Support Services Program for Adults with Mental Disabilities
under the Developmental Disability and Mental Disability
Services Act, the board must permit the personal support
worker to attend class with the student but is not responsible

for providing or paying for the personal support worker. If
the personal support worker's attendance in class is solely to
provide personal support services to the student, the board
may not charge the personal support worker tuition and fees
for such attendance.
(Source: P.A. 102-568, eff. 8-23-21; revised 11-5-21.)
Section 385. The Higher Education Student Assistance Act
is amended by changing Section 50 and by setting forth and
renumbering multiple versions of Section 65.110 as follows:
(110 ILCS 947/50)
Sec. 50. Minority Teachers of Illinois scholarship
program.
(a) As used in this Section:
"Eligible applicant" means a minority student who has
graduated from high school or has received a high school
equivalency certificate and has maintained a cumulative
grade point average of no less than 2.5 on a 4.0 scale, and
who by reason thereof is entitled to apply for
scholarships to be awarded under this Section.
"Minority student" means a student who is any of the
following:
(1) American Indian or Alaska Native (a person
having origins in any of the original peoples of North
and South America, including Central America, and who

maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited
to, Cambodia, China, India, Japan, Korea, Malaysia,
Pakistan, the Philippine Islands, Thailand, and
Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa).
(4) Hispanic or Latino (a person of Cuban,
Mexican, Puerto Rican, South or Central American, or
other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples
of Hawaii, Guam, Samoa, or other Pacific Islands).
"Qualified bilingual minority applicant" means a
qualified student who demonstrates proficiency in a
language other than English by (i) receiving a State Seal
of Biliteracy from the State Board of Education or (ii)
receiving a passing score on an educator licensure target
language proficiency test.
"Qualified student" means a person (i) who is a
resident of this State and a citizen or permanent resident
of the United States; (ii) who is a minority student, as
defined in this Section; (iii) who, as an eligible
applicant, has made a timely application for a minority

teaching scholarship under this Section; (iv) who is
enrolled on at least a half-time basis at a qualified
Illinois institution of higher learning; (v) who is
enrolled in a course of study leading to teacher
licensure, including alternative teacher licensure, or, if
the student is already licensed to teach, in a course of
study leading to an additional teaching endorsement or a
master's degree in an academic field in which he or she is
teaching or plans to teach or who has received one or more
College and Career Pathway Endorsements pursuant to
Section 80 of the Postsecondary and Workforce Readiness
Act and commits to enrolling in a course of study leading
to teacher licensure, including alternative teacher
licensure; (vi) who maintains a grade point average of no
less than 2.5 on a 4.0 scale; and (vii) who continues to
advance satisfactorily toward the attainment of a degree.
(b) In order to encourage academically talented Illinois
minority students to pursue teaching careers at the preschool
or elementary or secondary school level and to address and
alleviate the teacher shortage crisis in this State described
under the provisions of the Transitions in Education Act, each
qualified student shall be awarded a minority teacher
scholarship to any qualified Illinois institution of higher
learning. However, preference may be given to qualified
applicants enrolled at or above the junior level.
(c) Each minority teacher scholarship awarded under this

Section shall be in an amount sufficient to pay the tuition and
fees and room and board costs of the qualified Illinois
institution of higher learning at which the recipient is
enrolled, up to an annual maximum of $5,000; except that in the
case of a recipient who does not reside on-campus at the
institution at which he or she is enrolled, the amount of the
scholarship shall be sufficient to pay tuition and fee
expenses and a commuter allowance, up to an annual maximum of
$5,000. However, if at least $2,850,000 is appropriated in a
given fiscal year for the Minority Teachers of Illinois
scholarship program, then, in each fiscal year thereafter,
each scholarship awarded under this Section shall be in an
amount sufficient to pay the tuition and fees and room and
board costs of the qualified Illinois institution of higher
learning at which the recipient is enrolled, up to an annual
maximum of $7,500; except that in the case of a recipient who
does not reside on-campus at the institution at which he or she
is enrolled, the amount of the scholarship shall be sufficient
to pay tuition and fee expenses and a commuter allowance, up to
an annual maximum of $7,500.
(d) The total amount of minority teacher scholarship
assistance awarded by the Commission under this Section to an
individual in any given fiscal year, when added to other
financial assistance awarded to that individual for that year,
shall not exceed the cost of attendance at the institution at
which the student is enrolled. If the amount of minority

teacher scholarship to be awarded to a qualified student as
provided in subsection (c) of this Section exceeds the cost of
attendance at the institution at which the student is
enrolled, the minority teacher scholarship shall be reduced by
an amount equal to the amount by which the combined financial
assistance available to the student exceeds the cost of
attendance.
(e) The maximum number of academic terms for which a
qualified student can receive minority teacher scholarship
assistance shall be 8 semesters or 12 quarters.
(f) In any academic year for which an eligible applicant
under this Section accepts financial assistance through the
Paul Douglas Teacher Scholarship Program, as authorized by
Section 551 et seq. of the Higher Education Act of 1965, the
applicant shall not be eligible for scholarship assistance
awarded under this Section.
(g) All applications for minority teacher scholarships to
be awarded under this Section shall be made to the Commission
on forms which the Commission shall provide for eligible
applicants. The form of applications and the information
required to be set forth therein shall be determined by the
Commission, and the Commission shall require eligible
applicants to submit with their applications such supporting
documents or recommendations as the Commission deems
necessary.
(h) Subject to a separate appropriation for such purposes,

payment of any minority teacher scholarship awarded under this
Section shall be determined by the Commission. All scholarship
funds distributed in accordance with this subsection shall be
paid to the institution and used only for payment of the
tuition and fee and room and board expenses incurred by the
student in connection with his or her attendance at a
qualified Illinois institution of higher learning. Any
minority teacher scholarship awarded under this Section shall
be applicable to 2 semesters or 3 quarters of enrollment. If a
qualified student withdraws from enrollment prior to
completion of the first semester or quarter for which the
minority teacher scholarship is applicable, the school shall
refund to the Commission the full amount of the minority
teacher scholarship.
(i) The Commission shall administer the minority teacher
scholarship aid program established by this Section and shall
make all necessary and proper rules not inconsistent with this
Section for its effective implementation.
(j) When an appropriation to the Commission for a given
fiscal year is insufficient to provide scholarships to all
qualified students, the Commission shall allocate the
appropriation in accordance with this subsection. If funds are
insufficient to provide all qualified students with a
scholarship as authorized by this Section, the Commission
shall allocate the available scholarship funds for that fiscal
year to qualified students who submit a complete application

form on or before a date specified by the Commission based on
the following order of priority:
(1) To students who received a scholarship under this
Section in the prior academic year and who remain eligible
for a minority teacher scholarship under this Section.
(2) Except as otherwise provided in subsection (k), to
students who demonstrate financial need, as determined by
the Commission.
(k) Notwithstanding paragraph (2) of subsection (j), at
least 35% of the funds appropriated for scholarships awarded
under this Section in each fiscal year shall be reserved for
qualified male minority applicants, with priority being given
to qualified Black male applicants beginning with fiscal year
2023. If the Commission does not receive enough applications
from qualified male minorities on or before January 1 of each
fiscal year to award 35% of the funds appropriated for these
scholarships to qualified male minority applicants, then the
Commission may award a portion of the reserved funds to
qualified female minority applicants in accordance with
subsection (j).
Beginning with fiscal year 2023, if at least $2,850,000
but less than $4,200,000 is appropriated in a given fiscal
year for scholarships awarded under this Section, then at
least 10% of the funds appropriated shall be reserved for
qualified bilingual minority applicants, with priority being
given to qualified bilingual minority applicants who are

enrolled in an educator preparation program with a
concentration in bilingual, bicultural education. Beginning
with fiscal year 2023, if at least $4,200,000 is appropriated
in a given fiscal year for the Minority Teachers of Illinois
scholarship program, then at least 30% of the funds
appropriated shall be reserved for qualified bilingual
minority applicants, with priority being given to qualified
bilingual minority applicants who are enrolled in an educator
preparation program with a concentration in bilingual,
bicultural education. Beginning with fiscal year 2023, if at
least $2,850,000 is appropriated in a given fiscal year for
scholarships awarded under this Section but the Commission
does not receive enough applications from qualified bilingual
minority applicants on or before January 1 of that fiscal year
to award at least 10% of the funds appropriated to qualified
bilingual minority applicants, then the Commission may, in its
discretion, award a portion of the reserved funds to other
qualified students in accordance with subsection (j).
(l) Prior to receiving scholarship assistance for any
academic year, each recipient of a minority teacher
scholarship awarded under this Section shall be required by
the Commission to sign an agreement under which the recipient
pledges that, within the one-year period following the
termination of the program for which the recipient was awarded
a minority teacher scholarship, the recipient (i) shall begin
teaching for a period of not less than one year for each year

of scholarship assistance he or she was awarded under this
Section; (ii) shall fulfill this teaching obligation at a
nonprofit Illinois public, private, or parochial preschool,
elementary school, or secondary school at which no less than
30% of the enrolled students are minority students in the year
during which the recipient begins teaching at the school or
may instead, if the recipient received a scholarship as a
qualified bilingual minority applicant, fulfill this teaching
obligation in a program in transitional bilingual education
pursuant to Article 14C of the School Code or in a school in
which 20 or more English learner students in the same language
classification are enrolled; and (iii) shall, upon request by
the Commission, provide the Commission with evidence that he
or she is fulfilling or has fulfilled the terms of the teaching
agreement provided for in this subsection.
(m) If a recipient of a minority teacher scholarship
awarded under this Section fails to fulfill the teaching
obligation set forth in subsection (l) of this Section, the
Commission shall require the recipient to repay the amount of
the scholarships received, prorated according to the fraction
of the teaching obligation not completed, at a rate of
interest equal to 5%, and, if applicable, reasonable
collection fees. The Commission is authorized to establish
rules relating to its collection activities for repayment of
scholarships under this Section. All repayments collected
under this Section shall be forwarded to the State Comptroller

for deposit into the State's General Revenue Fund.
(n) A recipient of minority teacher scholarship shall not
be considered in violation of the agreement entered into
pursuant to subsection (l) if the recipient (i) enrolls on a
full time basis as a graduate student in a course of study
related to the field of teaching at a qualified Illinois
institution of higher learning; (ii) is serving, not in excess
of 3 years, as a member of the armed services of the United
States; (iii) is a person with a temporary total disability
for a period of time not to exceed 3 years as established by
sworn affidavit of a qualified physician; (iv) is seeking and
unable to find full time employment as a teacher at an Illinois
public, private, or parochial preschool or elementary or
secondary school that satisfies the criteria set forth in
subsection (l) of this Section and is able to provide evidence
of that fact; (v) becomes a person with a permanent total
disability as established by sworn affidavit of a qualified
physician; (vi) is taking additional courses, on at least a
half-time basis, needed to obtain licensure as a teacher in
Illinois; or (vii) is fulfilling teaching requirements
associated with other programs administered by the Commission
and cannot concurrently fulfill them under this Section in a
period of time equal to the length of the teaching obligation.
(o) Scholarship recipients under this Section who withdraw
from a program of teacher education but remain enrolled in
school to continue their postsecondary studies in another

academic discipline shall not be required to commence
repayment of their Minority Teachers of Illinois scholarship
so long as they remain enrolled in school on a full-time basis
or if they can document for the Commission special
circumstances that warrant extension of repayment.
(p) If the Minority Teachers of Illinois scholarship
program does not expend at least 90% of the amount
appropriated for the program in a given fiscal year for 3
consecutive fiscal years and the Commission does not receive
enough applications from the groups identified in subsection
(k) on or before January 1 in each of those fiscal years to
meet the percentage reserved for those groups under subsection
(k), then up to 3% of amount appropriated for the program for
each of next 3 fiscal years shall be allocated to increasing
awareness of the program and for the recruitment of Black male
applicants. The Commission shall make a recommendation to the
General Assembly by January 1 of the year immediately
following the end of that third fiscal year regarding whether
the amount allocated to increasing awareness and recruitment
should continue.
(q) Each qualified Illinois institution of higher learning
that receives funds from the Minority Teachers of Illinois
scholarship program shall host an annual information session
at the institution about the program for teacher candidates of
color in accordance with rules adopted by the Commission.
Additionally, the institution shall ensure that each

scholarship recipient enrolled at the institution meets with
an academic advisor at least once per academic year to
facilitate on-time completion of the recipient's educator
preparation program.
(r) The changes made to this Section by Public Act 101-654
this amendatory Act of the 101st General Assembly will first
take effect with awards made for the 2022-2023 academic year.
(Source: P.A. 101-654, eff. 3-8-21; 102-465, eff. 1-1-22;
revised 9-28-21.)
(110 ILCS 947/65.110)
Sec. 65.110. Post-Master of Social Work School Social Work
Professional Educator License scholarship.
(a) Subject to appropriation, beginning with awards for
the 2022-2023 academic year, the Commission shall award
annually up to 250 Post-Master of Social Work School Social
Work Professional Educator License scholarships to a person
who:
(1) holds a valid Illinois-licensed clinical social
work license or social work license;
(2) has obtained a master's degree in social work from
an approved program;
(3) is a United States citizen or eligible noncitizen;
and
(4) submits an application to the Commission for such
scholarship and agrees to take courses to obtain an

Illinois Professional Educator License with an endorsement
in School Social Work.
(b) If an appropriation for this Section for a given
fiscal year is insufficient to provide scholarships to all
qualified applicants, the Commission shall allocate the
appropriation in accordance with this subsection (b). If funds
are insufficient to provide all qualified applicants with a
scholarship as authorized by this Section, the Commission
shall allocate the available scholarship funds for that fiscal
year to qualified applicants who submit a complete application
on or before a date specified by the Commission, based on the
following order of priority:
(1) firstly, to students who received a scholarship
under this Section in the prior academic year and who
remain eligible for a scholarship under this Section;
(2) secondly, to new, qualified applicants who are
members of a racial minority, as defined in subsection
(c); and
(3) finally, to other new, qualified applicants in
accordance with this Section.
(c) Scholarships awarded under this Section shall be
issued pursuant to rules adopted by the Commission. In
awarding scholarships, the Commission shall give priority to
those applicants who are members of a racial minority. Racial
minorities are underrepresented as school social workers in
elementary and secondary schools in this State, and the

General Assembly finds that it is in the interest of this State
to provide them with priority consideration for programs that
encourage their participation in this field and thereby foster
a profession that is more reflective of the diversity of
Illinois students and the parents they will serve. A more
reflective workforce in school social work allows improved
outcomes for students and a better utilization of services.
Therefore, the Commission shall give priority to those
applicants who are members of a racial minority. In this
subsection (c), "racial minority" means a person who is a
citizen of the United States or a lawful permanent resident
alien of the United States and who is:
(1) Black (a person having origins in any of the black
racial groups in Africa);
(2) Hispanic (a person of Spanish or Portuguese
culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race);
(3) Asian American (a person having origins in any of
the original peoples of the Far East, Southeast Asia, the
Indian Subcontinent, or the Pacific Islands); or
(4) American Indian or Alaskan Native (a person having
origins in any of the original peoples of North America).
(d) Each scholarship shall be applied to the payment of
tuition and mandatory fees at the University of Illinois,
Southern Illinois University, Chicago State University,
Eastern Illinois University, Governors State University,

Illinois State University, Northeastern Illinois University,
Northern Illinois University, and Western Illinois University.
Each scholarship may be applied to pay tuition and mandatory
fees required to obtain an Illinois Professional Educator
License with an endorsement in School Social Work.
(e) The Commission shall make tuition and fee payments
directly to the qualified institution of higher learning that
the applicant attends.
(f) Any person who has accepted a scholarship under this
Section must, within one year after graduation or termination
of enrollment in a Post-Master of Social Work Professional
Education License with an endorsement in School Social Work
program, begin working as a school social worker at a public or
nonpublic not-for-profit preschool, elementary school, or
secondary school located in this State for at least 2 of the 5
years immediately following that graduation or termination,
excluding, however, from the computation of that 5-year
period: (i) any time up to 3 years spent in the military
service, whether such service occurs before or after the
person graduates; (ii) the time that person is a person with a
temporary total disability for a period of time not to exceed 3
years, as established by the sworn affidavit of a qualified
physician; and (iii) the time that person is seeking and
unable to find full-time employment as a school social worker
at a State public or nonpublic not-for-profit preschool,
elementary school, or secondary school.

(g) If a recipient of a scholarship under this Section
fails to fulfill the work obligation set forth in subsection
(f), the Commission shall require the recipient to repay the
amount of the scholarships received, prorated according to the
fraction of the obligation not completed, at a rate of
interest equal to 5%, and, if applicable, reasonable
collection fees. The Commission is authorized to establish
rules relating to its collection activities for repayment of
scholarships under this Section. All repayments collected
under this Section shall be forwarded to the State Comptroller
for deposit into this State's General Revenue Fund.
A recipient of a scholarship under this Section is not
considered to be in violation of the failure to fulfill the
work obligation under subsection (f) if the recipient (i)
enrolls on a full-time basis as a graduate student in a course
of study related to the field of social work at a qualified
Illinois institution of higher learning; (ii) is serving, not
in excess of 3 years, as a member of the armed services of the
United States; (iii) is a person with a temporary total
disability for a period of time not to exceed 3 years, as
established by the sworn affidavit of a qualified physician;
(iv) is seeking and unable to find full-time employment as a
school social worker at an Illinois public or nonpublic
not-for-profit preschool, elementary school, or secondary
school that satisfies the criteria set forth in subsection (f)
and is able to provide evidence of that fact; or (v) becomes a

person with a permanent total disability, as established by
the sworn affidavit of a qualified physician.
(Source: P.A. 102-621, eff. 1-1-22.)
(110 ILCS 947/65.115)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 65.115 65.110. School Social Work Shortage Loan
Repayment Program.
(a) To encourage Illinois students to work, and to
continue to work, as a school social worker in public school
districts in this State, the Commission shall, each year,
receive and consider applications for loan repayment
assistance under this Section. This program shall be known as
the School Social Work Shortage Loan Repayment Program. The
Commission shall administer the program and shall adopt all
necessary and proper rules to effectively implement the
program.
(b) Beginning July 1, 2022, subject to a separate
appropriation made for such purposes, the Commission shall
award a grant, up to a maximum of $6,500, to each qualified
applicant. The Commission may encourage the recipient of a
grant under this Section to use the grant award for repayment
of the recipient's educational loan. If an appropriation for
this program for a given fiscal year is insufficient to
provide grants to all qualified applicants, the Commission

shall allocate the appropriation in accordance with this
subsection. If funds are insufficient to provide all qualified
applicants with a grant as authorized by this Section, the
Commission shall allocate the available grant funds for that
fiscal year to qualified applicants who submit a complete
application on or before a date specified by the Commission,
based on the following order of priority:
(1) first, to new, qualified applicants who are
members of a racial minority as defined in subsection (e);
and
(2) second, to other new, qualified applicants in
accordance with this Section.
(c) A person is a qualified applicant under this Section
if he or she meets all of the following qualifications:
(1) The person is a United States citizen or eligible
noncitizen.
(2) The person is a resident of this State.
(3) The person is a borrower with an outstanding
balance due on an educational loan related to obtaining a
degree in social work.
(4) The person has been employed as a school social
worker by a public elementary school or secondary school
in this State for at least 12 consecutive months.
(5) The person is currently employed as a school
social worker by a public elementary school or secondary
school in this State.

(d) An applicant shall submit an application, in a form
determined by the Commission, for grant assistance under this
Section to the Commission. An applicant is required to submit,
with the application, supporting documentation as the
Commission may deem necessary.
(e) Racial minorities are underrepresented as school
social workers in elementary and secondary schools in
Illinois, and the General Assembly finds that it is in the
interest of this State to provide them priority consideration
for programs that encourage their participation in this field
and thereby foster a profession that is more reflective of the
diversity of Illinois students and parents they will serve. A
more reflective workforce in school social work allows
improved outcomes for students and a better utilization of
services. Therefore, the Commission shall give priority to
those applicants who are members of a racial minority. In this
subsection (e), "racial minority" means a person who is a
citizen of the United States or a lawful permanent resident
alien of the United States and who is:
(1) Black (a person having origins in any of the black
racial groups in Africa);
(2) Hispanic (a person of Spanish or Portuguese
culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race);
(3) Asian American (a person having origins in any of
the original peoples of the Far East, Southeast Asia, the

Indian Subcontinent, or the Pacific Islands); or
(4) American Indian or Alaskan Native (a person having
origins in any of the original peoples of North America).
(Source: P.A. 102-622, eff. 7-1-22; revised 11-10-21.)
Section 390. The Know Before You Owe Private Education
Loan Act is amended by changing Section 15 as follows:
(110 ILCS 983/15)
Sec. 15. Provision of information.
(a) Provision of loan statement to borrowers.
(1) Loan statement. A private educational lender that
disburses any funds with respect to a private education
loan described in this Section shall send loan statements,
to the borrowers of those funds not less than once every 3
months during the time that the borrower is enrolled at an
institution of higher education.
(2) Contents of statements for income share
agreements. Each statement described in subparagraph (1)
with respect to income share agreements, shall:
(A) report the consumer's total amounts financed
under each income share agreement;
(B) report the percentage of income payable under
each income share agreement;
(C) report the maximum number of monthly payments
required to be paid under each income share agreement;

(D) report the maximum amount payable under each
income share agreement;
(E) report the maximum duration of each income
share agreement;
(F) report the minimum annual income above which
payments are required under each income share
agreement; and
(G) report the annual percentage rate for each
income share agreement at the minimum annual income
above which payments are required and at $10,000
income increments thereafter up to the annual income
where the maximum number of monthly payments results
in the maximum amount payable.
(3) Contents of all other loan statements. Each
statement described in subparagraph (1) that does not fall
under subparagraph (2) shall:
(A) report the borrower's total remaining debt to
the private educational lender, including accrued but
unpaid interest and capitalized interest;
(B) report any debt increases since the last
statement; and
(C) list the current annual percentage rate for
each loan.
(b) Certification of exhaustion of federal student loan
funds to private educational lender. Upon the request of a
private educational lender, acting in connection with an

application initiated by a borrower for a private education
loan in accordance with Section 5, the institution of higher
education shall within 15 days of receipt of the request
provide certification to such private educational lender:
(1) that the borrower who initiated the application
for the private education loan, or on whose behalf the
application was initiated, is enrolled or is scheduled to
enroll at the institution of higher education;
(2) of the borrower's cost of attendance at the
institution of higher education as determined under
paragraph (2) of subsection (a) of this Section;
(3) of the difference between:
(A) the cost of attendance at the institution of
higher education; and
(B) the borrower's estimated financial assistance
received under the federal Higher Education Act of
1965 and other assistance known to the institution of
higher education, as applicable;
(4) that the institution of higher education has
received the request for certification and will need
additional time to comply with the certification request;
and
(5) if applicable, that the institution of higher
education is refusing to certify the private education
loan.
(c) Certification of exhaustion of federal student loan

funds to borrower. With respect to a certification request
described under subsection (b), and prior to providing such
certification in paragraph (1) of subsection (b) or providing
notice of the refusal to provide certification under paragraph
(5) of subsection (b), the institution of higher education
shall:
(1) determine whether the borrower who initiated the
application for the private education loan, or on whose
behalf the application was initiated, has applied for and
exhausted the federal financial assistance available to
such borrower under the federal Higher Education Act of
1965 and inform the borrower accordingly;
(2) provide the borrower whose loan application has
prompted the certification request by a private
educational lender, as described in paragraph (1) of
subsection (b), with the following information and
disclosures:
(A) the amount of additional federal student
assistance for which the borrower is eligible and the
advantages of federal loans under the federal Higher
Education Act of 1965, including disclosure of income
driven repayment options, fixed interest rates,
deferments, flexible repayment options, loan
forgiveness programs, additional protections, and the
higher student loan limits for dependent borrowers
whose parents are not eligible for a Federal Direct

PLUS Loan;
(B) the borrower's ability to select a private
educational lender of the borrower's choice;
(C) the impact of a proposed private education
loan on the borrower's potential eligibility for other
financial assistance, including federal financial
assistance under the federal Higher Education Act; and
(D) the borrower's right to accept or reject a
private education loan within the 30-day period
following a private educational lender's approval of a
borrower's application and the borrower's 3-day right
to cancel period; and
(3) Any institution of higher education that is also
acting as a private educational lender shall provide the
certification of exhaustion of federal student loan funds
described in paragraphs (1) and (2) of this subsection (c)
to the borrower prior to disbursing funds to the borrower.
Any institution of higher education that is not eligible
for funding under Title IV of the federal Higher Education
Act of 1965 is not required to provide this certification
to the borrower.
(Source: P.A. 102-583, eff. 8-26-21; revised 11-29-21.)
Section 395. The Illinois Educational Labor Relations Act
is amended by changing Section 14 as follows:

(115 ILCS 5/14) (from Ch. 48, par. 1714)
Sec. 14. Unfair labor practices.
(a) Educational employers, their agents or representatives
are prohibited from:
(1) Interfering, restraining or coercing employees in
the exercise of the rights guaranteed under this Act.
(2) Dominating or interfering with the formation,
existence or administration of any employee organization.
(3) Discriminating in regard to hire or tenure of
employment or any term or condition of employment to
encourage or discourage membership in any employee
organization.
(4) Discharging or otherwise discriminating against an
employee because he or she has signed or filed an
affidavit, authorization card, petition or complaint or
given any information or testimony under this Act.
(5) Refusing to bargain collectively in good faith
with an employee representative which is the exclusive
representative of employees in an appropriate unit,
including, but not limited to, the discussing of
grievances with the exclusive representative; provided,
however, that if an alleged unfair labor practice involves
interpretation or application of the terms of a collective
bargaining agreement and said agreement contains a
grievance and arbitration procedure, the Board may defer
the resolution of such dispute to the grievance and

arbitration procedure contained in said agreement.
(6) Refusing to reduce a collective bargaining
agreement to writing and signing such agreement.
(7) Violating any of the rules and regulations
promulgated by the Board regulating the conduct of
representation elections.
(8) Refusing to comply with the provisions of a
binding arbitration award.
(9) Expending or causing the expenditure of public
funds to any external agent, individual, firm, agency,
partnership or association in any attempt to influence the
outcome of representational elections held pursuant to
paragraph (c) of Section 7 of this Act; provided, that
nothing in this subsection shall be construed to limit an
employer's right to be represented on any matter
pertaining to unit determinations, unfair labor practice
charges or pre-election conferences in any formal or
informal proceeding before the Board, or to seek or obtain
advice from legal counsel. Nothing in this paragraph shall
be construed to prohibit an employer from expending or
causing the expenditure of public funds on, or seeking or
obtaining services or advice from, any organization, group
or association established by, and including educational
or public employers, whether or not covered by this Act,
the Illinois Public Labor Relations Act or the public
employment labor relations law of any other state or the

federal government, provided that such services or advice
are generally available to the membership of the
organization, group, or association, and are not offered
solely in an attempt to influence the outcome of a
particular representational election.
(10) Interfering with, restraining, coercing,
deterring or discouraging educational employees or
applicants to be educational employees from: (1) becoming
members of an employee organization; (2) authorizing
representation by an employee organization; or (3)
authorizing dues or fee deductions to an employee
organization, nor shall the employer intentionally permit
outside third parties to use its email or other
communications systems to engage in that conduct. An
employer's good faith implementation of a policy to block
the use of its email or other communication systems for
such purposes shall be a defense to an unfair labor
practice.
(11) Disclosing to any person or entity information
set forth in subsection (d) of Section 3 of this Act that
the employer knows or should know will be used to
interfere with, restrain, coerce, deter, or discourage any
public employee from: (i) becoming or remaining members of
a labor organization, (ii) authorizing representation by a
labor organization, or (iii) authorizing dues or fee
deductions to a labor organization.

(12) Promising, threatening, or taking any action (i)
to permanently replace an employee who participates in a
lawful strike under Section 13 of this Act, (ii) to
discriminate against an employee who is working or has
unconditionally offered to return to work for the employer
because the employee supported or participated in such as
a lawful strike, or (iii) to lock out lockout, suspend, or
otherwise withhold from employment employees in order to
influence the position of such employees or the
representative of such employees in collective bargaining
prior to a lawful strike.
(b) Employee organizations, their agents or
representatives or educational employees are prohibited from:
(1) Restraining or coercing employees in the exercise
of the rights guaranteed under this Act, provided that a
labor organization or its agents shall commit an unfair
labor practice under this paragraph in duty of fair
representation cases only by intentional misconduct in
representing employees under this Act.
(2) Restraining or coercing an educational employer in
the selection of his representative for the purposes of
collective bargaining or the adjustment of grievances.
(3) Refusing to bargain collectively in good faith
with an educational employer, if they have been designated
in accordance with the provisions of this Act as the
exclusive representative of employees in an appropriate

unit.
(4) Violating any of the rules and regulations
promulgated by the Board regulating the conduct of
representation elections.
(5) Refusing to reduce a collective bargaining
agreement to writing and signing such agreement.
(6) Refusing to comply with the provisions of a
binding arbitration award.
(c) The expressing of any views, argument, opinion or the
dissemination thereof, whether in written, printed, graphic or
visual form, shall not constitute or be evidence of an unfair
labor practice under any of the provisions of this Act, if such
expression contains no threat of reprisal or force or promise
of benefit.
(c-5) The employer shall not discourage public employees
or applicants to be public employees from becoming or
remaining union members or authorizing dues deductions, and
shall not otherwise interfere with the relationship between
employees and their exclusive bargaining representative. The
employer shall refer all inquiries about union membership to
the exclusive bargaining representative, except that the
employer may communicate with employees regarding payroll
processes and procedures. The employer will establish email
policies in an effort to prohibit the use of its email system
by outside sources.
(d) The actions of a Financial Oversight Panel created

pursuant to Section 1A-8 of the School Code due to a district
violating a financial plan shall not constitute or be evidence
of an unfair labor practice under any of the provisions of this
Act. Such actions include, but are not limited to, reviewing,
approving, or rejecting a school district budget or a
collective bargaining agreement.
(Source: P.A. 101-620, eff. 12-20-19; 102-588, eff. 8-20-21;
102-596, eff. 8-27-21; revised 11-29-21.)
Section 400. The Illinois Credit Union Act is amended by
changing Section 19 as follows:
(205 ILCS 305/19) (from Ch. 17, par. 4420)
Sec. 19. Meeting of members.
(1)(a) The annual meeting shall be held each year during
the months of January, February or March or such other month as
may be approved by the Department. The meeting shall be held at
the time, place and in the manner set forth in the bylaws. Any
special meetings of the members of the credit union shall be
held at the time, place and in the manner set forth in the
bylaws. Unless otherwise set forth in this Act, quorum
requirements for meetings of members shall be established by a
credit union in its bylaws. Notice of all meetings must be
given by the secretary of the credit union at least 7 days
before the date of such meeting, either by handing a written or
printed notice to each member of the credit union, by mailing

the notice to the member at his address as listed on the books
and records of the credit union, by posting a notice of the
meeting in three conspicuous places, including the office of
the credit union, by posting the notice of the meeting on the
credit union's website, or by disclosing the notice of the
meeting in membership newsletters or account statements.
(b) Unless expressly prohibited by the articles of
incorporation or bylaws and subject to applicable requirements
of this Act, the board of directors may provide by resolution
that members may attend, participate in, act in, and vote at
any annual meeting or special meeting through the use of a
conference telephone or interactive technology, including, but
not limited to, electronic transmission, internet usage, or
remote communication, by means of which all persons
participating in the meeting can communicate with each other.
Participation through the use of a conference telephone or
interactive technology shall constitute attendance, presence,
and representation in person at the annual meeting or special
meeting of the person or persons so participating and count
towards the quorum required to conduct business at the
meeting. The following conditions shall apply to any virtual
meeting of the members:
(i) the credit union must internally possess or retain
the technological capacity to facilitate virtual meeting
attendance, participation, communication, and voting; and
(ii) the members must receive notice of the use of a

virtual meeting format and appropriate instructions for
joining, participating, and voting during the virtual
meeting at least 7 days before the virtual meeting.
(2) On all questions and at all elections, except election
of directors, each member has one vote regardless of the
number of his shares. There shall be no voting by proxy except
on the election of directors, proposals for merger or
voluntary dissolution. Members may vote on questions,
including, without limitation, the approval of mergers and
voluntary dissolutions under this Act, and in elections by
secure electronic record if approved by the board of
directors. All voting on the election of directors shall be by
ballot, but when there is no contest, written or electronic
ballots need not be cast. The record date to be used for the
purpose of determining which members are entitled to notice of
or to vote at any meeting of members, may be fixed in advance
by the directors on a date not more than 90 days nor less than
10 days prior to the date of the meeting. If no record date is
fixed by the directors, the first day on which notice of the
meeting is given, mailed or posted is the record date.
(3) Regardless of the number of shares owned by a society,
association, club, partnership, other credit union or
corporation, having membership in the credit union, it shall
be entitled to only one vote and it may be represented and have
its vote cast by its designated agent acting on its behalf
pursuant to a resolution adopted by the organization's board

of directors or similar governing authority; provided that the
credit union shall obtain a certified copy of such resolution
before such vote may be cast.
(4) A member may revoke a proxy by delivery to the credit
union of a written statement to that effect, by execution of a
subsequently dated proxy, by execution of a secure electronic
record, or by attendance at a meeting and voting in person.
(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; 102-496, eff. 8-20-21;
revised 10-15-21.)
Section 405. The Ambulatory Surgical Treatment Center Act
is amended by changing Section 6.9 as follows:
(210 ILCS 5/6.9)
Sec. 6.9. Surgical smoke plume evacuation.
(a) In this Section:
"Surgical smoke plume" means the by-product of the use of
energy-based devices on tissue during surgery and containing
hazardous materials, including, but not limited to,
bioaerosols bio-aeorsols, smoke, gases, tissue and cellular

fragments and particulates, and viruses.
"Surgical smoke plume evacuation system" means a dedicated
device that is designed to capture, transport, filter, and
neutralize surgical smoke plume at the site of origin and
before surgical smoke plume can make ocular contact, or
contact with the respiratory tract, of an employee.
(b) To protect patients and health care workers from the
hazards of surgical smoke plume, an ambulatory surgical
treatment center licensed under this Act shall adopt policies
to ensure the elimination of surgical smoke plume by use of a
surgical smoke plume evacuation system for each procedure that
generates surgical smoke plume from the use of energy-based
devices, including, but not limited to, electrosurgery and
lasers.
(c) An ambulatory surgical treatment center licensed under
this Act shall report to the Department within 90 days after
the effective date of this amendatory Act of the 102nd General
Assembly that policies under subsection (b) of this Section
have been adopted.
(Source: P.A. 102-533, eff. 1-1-22; revised 11-22-21.)
Section 410. The Emergency Medical Services (EMS) Systems
Act is amended by changing Section 3.10 as follows:
(210 ILCS 50/3.10)
Sec. 3.10. Scope of services.

(a) "Advanced Life Support (ALS) Services" means an
advanced level of pre-hospital and inter-hospital emergency
care and non-emergency medical services that includes basic
life support care, cardiac monitoring, cardiac defibrillation,
electrocardiography, intravenous therapy, administration of
medications, drugs and solutions, use of adjunctive medical
devices, trauma care, and other authorized techniques and
procedures, as outlined in the provisions of the National EMS
Education Standards relating to Advanced Life Support and any
modifications to that curriculum specified in rules adopted by
the Department pursuant to this Act.
That care shall be initiated as authorized by the EMS
Medical Director in a Department approved advanced life
support EMS System, under the written or verbal direction of a
physician licensed to practice medicine in all of its branches
or under the verbal direction of an Emergency Communications
Registered Nurse.
(b) "Intermediate Life Support (ILS) Services" means an
intermediate level of pre-hospital and inter-hospital
emergency care and non-emergency medical services that
includes basic life support care plus intravenous cannulation
and fluid therapy, invasive airway management, trauma care,
and other authorized techniques and procedures, as outlined in
the Intermediate Life Support national curriculum of the
United States Department of Transportation and any
modifications to that curriculum specified in rules adopted by

the Department pursuant to this Act.
That care shall be initiated as authorized by the EMS
Medical Director in a Department approved intermediate or
advanced life support EMS System, under the written or verbal
direction of a physician licensed to practice medicine in all
of its branches or under the verbal direction of an Emergency
Communications Registered Nurse.
(c) "Basic Life Support (BLS) Services" means a basic
level of pre-hospital and inter-hospital emergency care and
non-emergency medical services that includes medical
monitoring, clinical observation, airway management,
cardiopulmonary resuscitation (CPR), control of shock and
bleeding and splinting of fractures, as outlined in the
provisions of the National EMS Education Standards relating to
Basic Life Support and any modifications to that curriculum
specified in rules adopted by the Department pursuant to this
Act.
That care shall be initiated, where authorized by the EMS
Medical Director in a Department approved EMS System, under
the written or verbal direction of a physician licensed to
practice medicine in all of its branches or under the verbal
direction of an Emergency Communications Registered Nurse.
(d) "Emergency Medical Responder Services" means a
preliminary level of pre-hospital emergency care that includes
cardiopulmonary resuscitation (CPR), monitoring vital signs
and control of bleeding, as outlined in the Emergency Medical

Responder (EMR) curriculum of the National EMS Education
Standards and any modifications to that curriculum specified
in rules adopted by the Department pursuant to this Act.
(e) "Pre-hospital care" means those medical services
rendered to patients for analytic, resuscitative, stabilizing,
or preventive purposes, precedent to and during transportation
of such patients to health care facilities.
(f) "Inter-hospital care" means those medical services
rendered to patients for analytic, resuscitative, stabilizing,
or preventive purposes, during transportation of such patients
from one hospital to another hospital.
(f-5) "Critical care transport" means the pre-hospital or
inter-hospital transportation of a critically injured or ill
patient by a vehicle service provider, including the provision
of medically necessary supplies and services, at a level of
service beyond the scope of the Paramedic. When medically
indicated for a patient, as determined by a physician licensed
to practice medicine in all of its branches, an advanced
practice registered nurse, or a physician physician's
assistant, in compliance with subsections (b) and (c) of
Section 3.155 of this Act, critical care transport may be
provided by:
(1) Department-approved critical care transport
providers, not owned or operated by a hospital, utilizing
Paramedics with additional training, nurses, or other
qualified health professionals; or

(2) Hospitals, when utilizing any vehicle service
provider or any hospital-owned or operated vehicle service
provider. Nothing in Public Act 96-1469 requires a
hospital to use, or to be, a Department-approved critical
care transport provider when transporting patients,
including those critically injured or ill. Nothing in this
Act shall restrict or prohibit a hospital from providing,
or arranging for, the medically appropriate transport of
any patient, as determined by a physician licensed to
practice in all of its branches, an advanced practice
registered nurse, or a physician physician's assistant.
(g) "Non-emergency medical services" means the provision
of, and all actions necessary before and after the provision
of, Basic Life Support (BLS) Services, Advanced Life Support
(ALS) Services, and critical care transport to patients whose
conditions do not meet this Act's definition of emergency,
before, after, or during transportation of such patients to or
from health care facilities visited for the purpose of
obtaining medical or health care services which are not
emergency in nature, using a vehicle regulated by this Act and
personnel licensed under this Act.
(g-5) The Department shall have the authority to
promulgate minimum standards for critical care transport
providers through rules adopted pursuant to this Act. All
critical care transport providers must function within a
Department-approved EMS System. Nothing in Department rules

shall restrict a hospital's ability to furnish personnel,
equipment, and medical supplies to any vehicle service
provider, including a critical care transport provider.
Minimum critical care transport provider standards shall
include, but are not limited to:
(1) Personnel staffing and licensure.
(2) Education, certification, and experience.
(3) Medical equipment and supplies.
(4) Vehicular standards.
(5) Treatment and transport protocols.
(6) Quality assurance and data collection.
(h) The provisions of this Act shall not apply to the use
of an ambulance or SEMSV, unless and until emergency or
non-emergency medical services are needed during the use of
the ambulance or SEMSV.
(Source: P.A. 102-623, eff. 8-27-21; revised 12-1-21.)
Section 415. The Hospital Licensing Act is amended by
setting forth, renumbering, and changing multiple versions of
Section 6.28 and by changing Sections 10.10 and 14.5 as
follows:
(210 ILCS 85/6.28)
(Section scheduled to be repealed on December 31, 2022)
Sec. 6.28. N95 masks. Pursuant to and in accordance with
applicable local, State, and federal policies, guidance and

recommendations of public health and infection control
authorities, and taking into consideration the limitations on
access to N95 masks caused by disruptions in local, State,
national, and international supply chains, a hospital licensed
under this Act shall provide N95 masks to physicians licensed
under the Medical Practice Act of 1987, registered nurses and
advanced practice registered nurses licensed under the Nurse
Practice Licensing Act, and any other employees or contractual
workers who provide direct patient care and who, pursuant to
such policies, guidance, and recommendations, are recommended
to have such a mask to safely provide such direct patient care
within a hospital setting. Nothing in this Section shall be
construed to impose any new duty or obligation on the hospital
or employee that is greater than that imposed under State and
federal laws in effect on April 27, 2021 (the effective date of
Public Act 102-4) this amendatory Act of the 102nd General
Assembly.
This Section is repealed on December 31, 2022.
(Source: P.A. 102-4, eff. 4-27-21; 102-674, eff. 11-30-21;
revised 12-14-21.)
(210 ILCS 85/6.30)
Sec. 6.30 6.28. Facility-provided medication upon
discharge.
(a) The General Assembly finds that this Section is
necessary for the immediate preservation of the public peace,

health, and safety.
(b) In this Section, "facility-provided medication" has
the same meaning as provided under Section 15.10 of the
Pharmacy Practice Act.
(c) When a facility-provided medication is ordered at
least 24 hours in advance for surgical procedures and is
administered to a patient at a hospital licensed under this
Act, any unused portion of the facility-provided medication
must be offered to the patient upon discharge when it is
required for continuing treatment.
(d) A facility-provided medication shall be labeled
consistent with labeling requirements under Section 22 of the
Pharmacy Practice Act.
(e) If the facility-provided medication is used in an
operating room or emergency department setting, the prescriber
is responsible for counseling the patient on its proper use
and administration and the requirement of pharmacist
counseling is waived.
(Source: P.A. 102-155, eff. 7-23-21; revised 11-10-21.)
(210 ILCS 85/6.31)
Sec. 6.31 6.28. Patient contact policy during pandemics or
other public health emergencies. During a pandemic or other
public health emergency, a hospital licensed under this Act
shall develop and implement a contact policy to encourage
patients' ability to engage with family members throughout the

duration of the pandemic or other public health emergency,
including through the use of phone calls, videos calls, or
other electronic mechanisms mechanism.
(Source: P.A. 102-398, eff. 8-16-21; revised 11-10-21.)
(210 ILCS 85/6.32)
Sec. 6.32 6.28. Surgical smoke plume evacuation.
(a) In this Section:
"Surgical smoke plume" means the by-product of the use of
energy-based devices on tissue during surgery and containing
hazardous materials, including, but not limited to,
bioaerosols bio-aeorsols, smoke, gases, tissue and cellular
fragments and particulates, and viruses.
"Surgical smoke plume evacuation system" means a dedicated
device that is designed to capture, transport, filter, and
neutralize surgical smoke plume at the site of origin and
before surgical smoke plume can make ocular contact, or
contact with the respiratory tract, of an employee.
(b) To protect patients and health care workers from the
hazards of surgical smoke plume, a hospital licensed under
this Act shall adopt policies to ensure the elimination of
surgical smoke plume by use of a surgical smoke plume
evacuation system for each procedure that generates surgical
smoke plume from the use of energy-based devices, including,
but not limited to, electrosurgery and lasers.
(c) A hospital licensed under this Act shall report to the

Department within 90 days after January 1, 2022 (the effective
date of Public Act 102-533) this amendatory Act of the 102nd
General Assembly that policies under subsection (b) of this
Section have been adopted.
(Source: P.A. 102-533, eff. 1-1-22; revised 11-10-21.)
(210 ILCS 85/10.10)
Sec. 10.10. Nurse Staffing by Patient Acuity.
(a) Findings. The Legislature finds and declares all of
the following:
(1) The State of Illinois has a substantial interest
in promoting quality care and improving the delivery of
health care services.
(2) Evidence-based studies have shown that the basic
principles of staffing in the acute care setting should be
based on the complexity of patients' care needs aligned
with available nursing skills to promote quality patient
care consistent with professional nursing standards.
(3) Compliance with this Section promotes an
organizational climate that values registered nurses'
input in meeting the health care needs of hospital
patients.
(b) Definitions. As used in this Section:
"Acuity model" means an assessment tool selected and
implemented by a hospital, as recommended by a nursing care
committee, that assesses the complexity of patient care needs

requiring professional nursing care and skills and aligns
patient care needs and nursing skills consistent with
professional nursing standards.
"Department" means the Department of Public Health.
"Direct patient care" means care provided by a registered
professional nurse with direct responsibility to oversee or
carry out medical regimens or nursing care for one or more
patients.
"Nursing care committee" means a hospital-wide committee
or committees of nurses whose functions, in part or in whole,
contribute to the development, recommendation, and review of
the hospital's nurse staffing plan established pursuant to
subsection (d).
"Registered professional nurse" means a person licensed as
a Registered Nurse under the Nurse Practice Act.
"Written staffing plan for nursing care services" means a
written plan for the assignment of patient care nursing staff
based on multiple nurse and patient considerations that yield
minimum staffing levels for inpatient care units and the
adopted acuity model aligning patient care needs with nursing
skills required for quality patient care consistent with
professional nursing standards.
(c) Written staffing plan.
(1) Every hospital shall implement a written
hospital-wide staffing plan, prepared by a nursing care
committee or committees, that provides for minimum direct

care professional registered nurse-to-patient staffing
needs for each inpatient care unit, including inpatient
emergency departments. If the staffing plan prepared by
the nursing care committee is not adopted by the hospital,
or if substantial changes are proposed to it, the chief
nursing officer shall either: (i) provide a written
explanation to the committee of the reasons the plan was
not adopted; or (ii) provide a written explanation of any
substantial changes made to the proposed plan prior to it
being adopted by the hospital. The written hospital-wide
staffing plan shall include, but need not be limited to,
the following considerations:
(A) The complexity of complete care, assessment on
patient admission, volume of patient admissions,
discharges and transfers, evaluation of the progress
of a patient's problems, ongoing physical assessments,
planning for a patient's discharge, assessment after a
change in patient condition, and assessment of the
need for patient referrals.
(B) The complexity of clinical professional
nursing judgment needed to design and implement a
patient's nursing care plan, the need for specialized
equipment and technology, the skill mix of other
personnel providing or supporting direct patient care,
and involvement in quality improvement activities,
professional preparation, and experience.

(C) Patient acuity and the number of patients for
whom care is being provided.
(D) The ongoing assessments of a unit's patient
acuity levels and nursing staff needed shall be
routinely made by the unit nurse manager or his or her
designee.
(E) The identification of additional registered
nurses available for direct patient care when
patients' unexpected needs exceed the planned workload
for direct care staff.
(2) In order to provide staffing flexibility to meet
patient needs, every hospital shall identify an acuity
model for adjusting the staffing plan for each inpatient
care unit.
(2.5) Each hospital shall implement the staffing plan
and assign nursing personnel to each inpatient care unit,
including inpatient emergency departments, in accordance
with the staffing plan.
(A) A registered nurse may report to the nursing
care committee any variations where the nurse
personnel assignment in an inpatient care unit is not
in accordance with the adopted staffing plan and may
make a written report to the nursing care committee
based on the variations.
(B) Shift-to-shift adjustments in staffing levels
required by the staffing plan may be made by the

appropriate hospital personnel overseeing inpatient
care operations. If a registered nurse in an inpatient
care unit objects to a shift-to-shift adjustment, the
registered nurse may submit a written report to the
nursing care committee.
(C) The nursing care committee shall develop a
process to examine and respond to written reports
submitted under subparagraphs (A) and (B) of this
paragraph (2.5), including the ability to determine if
a specific written report is resolved or should be
dismissed.
(3) The written staffing plan shall be posted, either
by physical or electronic means, in a conspicuous and
accessible location for both patients and direct care
staff, as required under the Hospital Report Card Act. A
copy of the written staffing plan shall be provided to any
member of the general public upon request.
(d) Nursing care committee.
(1) Every hospital shall have a nursing care committee
that meets at least 6 times per year. A hospital shall
appoint members of a committee whereby at least 55% of the
members are registered professional nurses providing
direct inpatient care, one of whom shall be selected
annually by the direct inpatient care nurses to serve as
co-chair of the committee.
(2) (Blank).

(2.5) A nursing care committee shall prepare and
recommend to hospital administration the hospital's
written hospital-wide staffing plan. If the staffing plan
is not adopted by the hospital, the chief nursing officer
shall provide a written statement to the committee prior
to a staffing plan being adopted by the hospital that: (A)
explains the reasons the committee's proposed staffing
plan was not adopted; and (B) describes the changes to the
committee's proposed staffing or any alternative to the
committee's proposed staffing plan.
(3) A nursing care committee's or committees' written
staffing plan for the hospital shall be based on the
principles from the staffing components set forth in
subsection (c). In particular, a committee or committees
shall provide input and feedback on the following:
(A) Selection, implementation, and evaluation of
minimum staffing levels for inpatient care units.
(B) Selection, implementation, and evaluation of
an acuity model to provide staffing flexibility that
aligns changing patient acuity with nursing skills
required.
(C) Selection, implementation, and evaluation of a
written staffing plan incorporating the items
described in subdivisions (c)(1) and (c)(2) of this
Section.
(D) Review the nurse staffing plans for all

inpatient areas; and current acuity tools and measures
in use. The nursing care committee's review shall
consider:
(i) patient outcomes;
(ii) complaints regarding staffing, including
complaints about a delay in direct care nursing or
an absence of direct care nursing;
(iii) the number of hours of nursing care
provided through an inpatient hospital unit
compared with the number of inpatients served by
the hospital unit during a 24-hour period;
(iv) the aggregate hours of overtime worked by
the nursing staff;
(v) the extent to which actual nurse staffing
for each hospital inpatient unit differs from the
staffing specified by the staffing plan; and
(vi) any other matter or change to the
staffing plan determined by the committee to
ensure that the hospital is staffed to meet the
health care needs of patients.
(4) A nursing care committee must issue a written
report addressing the items described in subparagraphs (A)
through (D) of paragraph (3) semi-annually. A written copy
of this report shall be made available to direct inpatient
care nurses by making available a paper copy of the
report, distributing it electronically, or posting it on

the hospital's website.
(5) A nursing care committee must issue a written
report at least annually to the hospital governing board
that addresses items including, but not limited to: the
items described in paragraph (3); changes made based on
committee recommendations and the impact of such changes;
and recommendations for future changes related to nurse
staffing.
(e) Nothing in this Section 10.10 shall be construed to
limit, alter, or modify any of the terms, conditions, or
provisions of a collective bargaining agreement entered into
by the hospital.
(f) No hospital may discipline, discharge, or take any
other adverse employment action against an employee solely
because the employee expresses a concern or complaint
regarding an alleged violation of this Section or concerns
related to nurse staffing.
(g) Any employee of a hospital may file a complaint with
the Department regarding an alleged violation of this Section.
The Department must forward notification of the alleged
violation to the hospital in question within 10 business days
after the complaint is filed. Upon receiving a complaint of a
violation of this Section, the Department may take any action
authorized under Sections 7 or 9 of this Act.
(Source: P.A. 102-4, eff. 4-27-21; 102-641, eff. 8-27-21;
revised 10-6-21.)

(210 ILCS 85/14.5)
Sec. 14.5. Hospital Licensure Fund.
(a) There is created in the State treasury the Hospital
Licensure Fund. The Fund is created for the purpose of
providing funding for the administration of the licensure
program and patient safety and quality initiatives for
hospitals, including, without limitation, the implementation
of the Illinois Adverse Health Care Events Reporting Law of
2005.
(b) The Fund shall consist of the following:
(1) fees collected pursuant to Sections 5 and 7 of
this the Hospital Licensing Act;
(2) federal matching funds received by the State as a
result of expenditures made by the Department that are
attributable to moneys deposited in the Fund;
(3) interest earned on moneys deposited in the Fund;
and
(4) other moneys received for the Fund from any other
source, including interest earned thereon.
(c) Disbursements from the Fund shall be made only for:
(1) initially, the implementation of the Illinois
Adverse Health Care Events Reporting Law of 2005;
(2) subsequently, programs, information, or
assistance, including measures to address public
complaints, designed to measurably improve quality and

patient safety;
(2.5) from fines for violations of Section 10.10,
scholarships under the Nursing Education Scholarship Law;
and
(3) the reimbursement of moneys collected by the
Department through error or mistake.
(d) The uses described in paragraph (2) of subsection (c)
shall be developed in conjunction with a statewide
organization representing a majority of hospitals.
(Source: P.A. 102-641, eff. 8-27-21; revised 12-1-21.)
Section 420. The Birth Center Licensing Act is amended by
changing Section 30 as follows:
(210 ILCS 170/30)
Sec. 30. Minimum standards. (a) The Department's rules
adopted pursuant to Section 60 of this Act shall contain
minimum standards to protect the health and safety of a
patient of a birth center. In adopting rules for birth
centers, the Department shall consider:
(1) the Commission for the Accreditation of Birth
Centers' Standards for Freestanding Birth Centers;
(2) the American Academy of Pediatrics and American
College of Obstetricians and Gynecologists Guidelines for
Perinatal Care; and
(3) the Regionalized Perinatal Health Care Code.

(Source: P.A. 102-518, eff. 8-20-21; revised 12-1-21.)
Section 425. The Illinois Insurance Code is amended by
changing Sections 131.1, 131.14b, 131.22, 370c, and 370c.1 and
by setting forth, renumbering, and changing multiple versions
of Section 356z.43 as follows:
(215 ILCS 5/131.1)
(Text of Section before amendment by P.A. 102-578)
Sec. 131.1. Definitions. As used in this Article, the
following terms have the respective meanings set forth in this
Section unless the context requires otherwise:
(a) An "affiliate" of, or person "affiliated" with, a
specific person, is a person that directly, or indirectly
through one or more intermediaries, controls, or is controlled
by, or is under common control with, the person specified.
(a-5) "Acquiring party" means such person by whom or on
whose behalf the merger or other acquisition of control
referred to in Section 131.4 is to be affected and any person
that controls such person or persons.
(a-10) "Associated person" means, with respect to an
acquiring party, (1) any beneficial owner of shares of the
company to be acquired, owned, directly or indirectly, of
record or beneficially by the acquiring party, (2) any
affiliate of the acquiring party or beneficial owner, and (3)
any other person acting in concert, directly or indirectly,

pursuant to any agreement, arrangement, or understanding,
whether written or oral, with the acquiring party or
beneficial owner, or any of their respective affiliates, in
connection with the merger, consolidation, or other
acquisition of control referred to in Section 131.4 of this
Code.
(a-15) "Company" has the same meaning as "company" as
defined in Section 2 of this Code, except that it does not
include agencies, authorities, or instrumentalities of the
United States, its possessions and territories, the
Commonwealth of Puerto Rico, the District of Columbia, or a
state or political subdivision of a state.
(b) "Control" (including the terms "controlling",
"controlled by" and "under common control with") means the
possession, direct or indirect, of the power to direct or
cause the direction of the management and policies of a
person, whether through the ownership of voting securities,
the holding of shareholders' or policyholders' proxies by
contract other than a commercial contract for goods or
non-management services, or otherwise, unless the power is
solely the result of an official position with or corporate
office held by the person. Control is presumed to exist if any
person, directly or indirectly, owns, controls, holds with the
power to vote, or holds shareholders' proxies representing 10%
or more of the voting securities of any other person, or holds
or controls sufficient policyholders' proxies to elect the

majority of the board of directors of the domestic company.
This presumption may be rebutted by a showing made in the
manner as the Director may provide by rule. The Director may
determine, after furnishing all persons in interest notice and
opportunity to be heard and making specific findings of fact
to support such determination, that control exists in fact,
notwithstanding the absence of a presumption to that effect.
(b-5) "Enterprise risk" means any activity, circumstance,
event, or series of events involving one or more affiliates of
a company that, if not remedied promptly, is likely to have a
material adverse effect upon the financial condition or
liquidity of the company or its insurance holding company
system as a whole, including, but not limited to, anything
that would cause the company's risk-based capital to fall into
company action level as set forth in Article IIA of this Code
or would cause the company to be in hazardous financial
condition as set forth in Article XII 1/2 of this Code.
(b-10) "Exchange Act" means the Securities Exchange Act of
1934, as amended, together with the rules and regulations
promulgated thereunder.
(b-15) "Group-wide supervisor" means the regulatory
official authorized to engage in conducting and coordinating
group-wide supervision activities who is determined or
acknowledged by the Director under Section 131.20d of this
Code to have sufficient contacts with an internationally
active insurance group.

(c) "Insurance holding company system" means two or more
affiliated persons, one or more of which is an insurance
company as defined in paragraph (e) of Section 2 of this Code.
(c-5) "Internationally active insurance group" means an
insurance holding company system that:
(1) includes an insurer registered under Section 4 of
this Code; and
(2) meets the following criteria:
(A) premiums written in at least 3 countries;
(B) the percentage of gross premiums written
outside the United States is at least 10% of the
insurance holding company system's total gross written
premiums; and
(C) based on a 3-year rolling average, the total
assets of the insurance holding company system are at
least $50,000,000,000 or the total gross written
premiums of the insurance holding company system are
at least $10,000,000,000.
(d) (Blank).
(d-1) "NAIC" means the National Association of Insurance
Commissioners.
(d-5) "Non-operating holding company" is a general
business corporation functioning solely for the purpose of
forming, owning, acquiring, and managing subsidiary business
entities and having no other business operations not related
thereto.

(d-10) "Own", "owned," or "owning" means shares (1) with
respect to which a person has title or to which a person's
nominee, custodian, or other agent has title and which such
nominee, custodian, or other agent is holding on behalf of the
person or (2) with respect to which a person (A) has purchased
or has entered into an unconditional contract, binding on both
parties, to purchase the shares, but has not yet received the
shares, (B) owns a security convertible into or exchangeable
for the shares and has tendered the security for conversion or
exchange, (C) has an option to purchase or acquire, or rights
or warrants to subscribe to, the shares and has exercised such
option, rights, or warrants, or (D) holds a securities futures
contract to purchase the shares and has received notice that
the position will be physically settled and is irrevocably
bound to receive the underlying shares. To the extent that any
affiliates of the stockholder or beneficial owner are acting
in concert with the stockholder or beneficial owner, the
determination of shares owned may include the effect of
aggregating the shares owned by the affiliate or affiliates.
Whether shares constitute shares owned shall be decided by the
Director in his or her reasonable determination.
(e) "Person" means an individual, a corporation, a limited
liability company, a partnership, an association, a joint
stock company, a trust, an unincorporated organization, any
similar entity or any combination of the foregoing acting in
concert, but does not include any securities broker performing

no more than the usual and customary broker's function or
joint venture partnership exclusively engaged in owning,
managing, leasing or developing real or tangible personal
property other than capital stock.
(e-5) "Policyholders' proxies" are proxies that give the
holder the right to vote for the election of the directors and
other corporate actions not in the day to day operations of the
company.
(f) (Blank).
(f-5) "Securityholder" of a specified person is one who
owns any security of such person, including common stock,
preferred stock, debt obligations, and any other security
convertible into or evidencing the right to acquire any of the
foregoing.
(g) "Subsidiary" of a specified person is an affiliate
controlled by such person directly, or indirectly through one
or more intermediaries.
(h) "Voting Security" is a security which gives to the
holder thereof the right to vote for the election of directors
and includes any security convertible into or evidencing a
right to acquire a voting security.
(i) (Blank).
(j) (Blank).
(k) (Blank).
(Source: P.A. 102-394, eff. 8-16-21; revised 9-22-21.)

(Text of Section after amendment by P.A. 102-578)
Sec. 131.1. Definitions. As used in this Article, the
following terms have the respective meanings set forth in this
Section unless the context requires otherwise:
(a) An "affiliate" of, or person "affiliated" with, a
specific person, is a person that directly, or indirectly
through one or more intermediaries, controls, or is controlled
by, or is under common control with, the person specified.
(a-5) "Acquiring party" means such person by whom or on
whose behalf the merger or other acquisition of control
referred to in Section 131.4 is to be affected and any person
that controls such person or persons.
(a-10) "Associated person" means, with respect to an
acquiring party, (1) any beneficial owner of shares of the
company to be acquired, owned, directly or indirectly, of
record or beneficially by the acquiring party, (2) any
affiliate of the acquiring party or beneficial owner, and (3)
any other person acting in concert, directly or indirectly,
pursuant to any agreement, arrangement, or understanding,
whether written or oral, with the acquiring party or
beneficial owner, or any of their respective affiliates, in
connection with the merger, consolidation, or other
acquisition of control referred to in Section 131.4 of this
Code.
(a-15) "Company" has the same meaning as "company" as
defined in Section 2 of this Code, except that it does not

include agencies, authorities, or instrumentalities of the
United States, its possessions and territories, the
Commonwealth of Puerto Rico, the District of Columbia, or a
state or political subdivision of a state.
(b) "Control" (including the terms "controlling",
"controlled by" and "under common control with") means the
possession, direct or indirect, of the power to direct or
cause the direction of the management and policies of a
person, whether through the ownership of voting securities,
the holding of shareholders' or policyholders' proxies by
contract other than a commercial contract for goods or
non-management services, or otherwise, unless the power is
solely the result of an official position with or corporate
office held by the person. Control is presumed to exist if any
person, directly or indirectly, owns, controls, holds with the
power to vote, or holds shareholders' proxies representing 10%
or more of the voting securities of any other person, or holds
or controls sufficient policyholders' proxies to elect the
majority of the board of directors of the domestic company.
This presumption may be rebutted by a showing made in the
manner as the Director may provide by rule. The Director may
determine, after furnishing all persons in interest notice and
opportunity to be heard and making specific findings of fact
to support such determination, that control exists in fact,
notwithstanding the absence of a presumption to that effect.
(b-5) "Enterprise risk" means any activity, circumstance,

event, or series of events involving one or more affiliates of
a company that, if not remedied promptly, is likely to have a
material adverse effect upon the financial condition or
liquidity of the company or its insurance holding company
system as a whole, including, but not limited to, anything
that would cause the company's risk-based capital to fall into
company action level as set forth in Article IIA of this Code
or would cause the company to be in hazardous financial
condition as set forth in Article XII 1/2 of this Code.
(b-10) "Exchange Act" means the Securities Exchange Act of
1934, as amended, together with the rules and regulations
promulgated thereunder.
(b-12) "Group capital calculation instructions" means the
group capital calculation instructions as adopted by the NAIC
and as amended by the NAIC from time to time in accordance with
the procedures adopted by the NAIC.
(b-15) "Group-wide supervisor" means the regulatory
official authorized to engage in conducting and coordinating
group-wide supervision activities who is determined or
acknowledged by the Director under Section 131.20d of this
Code to have sufficient contacts with an internationally
active insurance group.
(c) "Insurance holding company system" means two or more
affiliated persons, one or more of which is an insurance
company as defined in paragraph (e) of Section 2 of this Code.
(c-5) "Internationally active insurance group" means an

insurance holding company system that:
(1) includes an insurer registered under Section 4 of
this Code; and
(2) meets the following criteria:
(A) premiums written in at least 3 countries;
(B) the percentage of gross premiums written
outside the United States is at least 10% of the
insurance holding company system's total gross written
premiums; and
(C) based on a 3-year rolling average, the total
assets of the insurance holding company system are at
least $50,000,000,000 or the total gross written
premiums of the insurance holding company system are
at least $10,000,000,000.
(d) (Blank).
(d-1) "NAIC" means the National Association of Insurance
Commissioners.
(d-2) "NAIC Liquidity Stress Test Framework" is a separate
NAIC publication which includes a history of the NAIC's
development of regulatory liquidity stress testing, the scope
criteria applicable for a specific data year, and the
liquidity stress test instructions, and reporting templates
for a specific data year, such scope criteria, instructions,
and reporting template being as adopted by the NAIC and as
amended by the NAIC from time to time in accordance with the
procedures adopted by the NAIC.

(d-5) "Non-operating holding company" is a general
business corporation functioning solely for the purpose of
forming, owning, acquiring, and managing subsidiary business
entities and having no other business operations not related
thereto.
(d-10) "Own", "owned," or "owning" means shares (1) with
respect to which a person has title or to which a person's
nominee, custodian, or other agent has title and which such
nominee, custodian, or other agent is holding on behalf of the
person or (2) with respect to which a person (A) has purchased
or has entered into an unconditional contract, binding on both
parties, to purchase the shares, but has not yet received the
shares, (B) owns a security convertible into or exchangeable
for the shares and has tendered the security for conversion or
exchange, (C) has an option to purchase or acquire, or rights
or warrants to subscribe to, the shares and has exercised such
option, rights, or warrants, or (D) holds a securities futures
contract to purchase the shares and has received notice that
the position will be physically settled and is irrevocably
bound to receive the underlying shares. To the extent that any
affiliates of the stockholder or beneficial owner are acting
in concert with the stockholder or beneficial owner, the
determination of shares owned may include the effect of
aggregating the shares owned by the affiliate or affiliates.
Whether shares constitute shares owned shall be decided by the
Director in his or her reasonable determination.

(e) "Person" means an individual, a corporation, a limited
liability company, a partnership, an association, a joint
stock company, a trust, an unincorporated organization, any
similar entity or any combination of the foregoing acting in
concert, but does not include any securities broker performing
no more than the usual and customary broker's function or
joint venture partnership exclusively engaged in owning,
managing, leasing or developing real or tangible personal
property other than capital stock.
(e-5) "Policyholders' proxies" are proxies that give the
holder the right to vote for the election of the directors and
other corporate actions not in the day to day operations of the
company.
(f) (Blank).
(f-3) (f-5) "Scope criteria", as detailed in the NAIC
Liquidity Stress Test Framework, are the designated exposure
bases along with minimum magnitudes thereof for the specified
data year, used to establish a preliminary list of insurers
considered scoped into the NAIC Liquidity Stress Test
Framework for that data year.
(f-5) "Securityholder" of a specified person is one who
owns any security of such person, including common stock,
preferred stock, debt obligations, and any other security
convertible into or evidencing the right to acquire any of the
foregoing.
(g) "Subsidiary" of a specified person is an affiliate

controlled by such person directly, or indirectly through one
or more intermediaries.
(h) "Voting Security" is a security which gives to the
holder thereof the right to vote for the election of directors
and includes any security convertible into or evidencing a
right to acquire a voting security.
(i) (Blank).
(j) (Blank).
(k) (Blank).
(Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See
Section 5 of P.A. 102-672 for effective date of P.A. 102-578);
revised 12-1-21.)
(215 ILCS 5/131.14b)
(Text of Section before amendment by P.A. 102-578)
Sec. 131.14b. Enterprise risk filing. The ultimate
controlling person of every company subject to registration
shall also file an annual enterprise risk report. The report
shall, to the best of the ultimate controlling person's
knowledge and belief, identify the material risks within the
insurance holding company system that could pose enterprise
risk to the company. The report shall be filed with the lead
state commissioner of the insurance holding company system as
determined by the procedures within the Financial Analysis
Handbook adopted by the National Association of Insurance
Commissioners.

(Source: P.A. 98-609, eff. 7-1-14.)
(Text of Section after amendment by P.A. 102-578)
Sec. 131.14b. Enterprise risk filings.
(a) Annual enterprise risk report. The ultimate
controlling person of every company subject to registration
shall also file an annual enterprise risk report. The report
shall, to the best of the ultimate controlling person's
knowledge and belief, identify the material risks within the
insurance holding company system that could pose enterprise
risk to the company. The report shall be filed with the lead
state commissioner of the insurance holding company system as
determined by the procedures within the Financial Analysis
Handbook adopted by the National Association of Insurance
Commissioners.
(b) Group capital calculation. Except as provided in this
subsection, the ultimate controlling person of every insurer
subject to registration shall concurrently file with the
registration an annual group capital calculation as directed
by the lead state commissioner. The report shall be completed
in accordance with the NAIC Group Capital Calculation
Instructions, which may permit the lead state commissioner to
allow a controlling person who is not the ultimate controlling
person to file the group capital calculation. The report shall
be filed with the lead state commissioner of the insurance
holding company system as determined by the commissioner in

accordance with the procedures within the Financial Analysis
Handbook adopted by the NAIC. Insurance holding company
systems described in the following are exempt from filing the
group capital calculation:
(1) an insurance holding company system that has only
one insurer within its holding company structure, that
only writes business and is only licensed in Illinois, and
that assumes no business from any other insurer;
(2) an insurance holding company system that is
required to perform a group capital calculation specified
by the United States Federal Reserve Board; the lead state
commissioner shall request the calculation from the
Federal Reserve Board under the terms of information
sharing agreements in effect; if the Federal Reserve Board
cannot share the calculation with the lead state
commissioner, the insurance holding company system is not
exempt from the group capital calculation filing;
(3) an insurance holding company system whose non-U.S.
group-wide supervisor is located within a reciprocal
jurisdiction as described in paragraph (C-10) of
subsection (1) of Section 173.1 that recognizes the U.S.
state regulatory approach to group supervision and group
capital; and
(4) an insurance holding company system:
(i) that provides information to the lead state
that meets the requirements for accreditation under

the NAIC financial standards and accreditation
program, either directly or indirectly through the
group-wide supervisor, who has determined such
information is satisfactory to allow the lead state to
comply with the NAIC group supervision approach, as
detailed in the NAIC Financial Analysis Handbook; and
(ii) whose non-U.S. group-wide supervisor that is
not in a reciprocal jurisdiction recognizes and
accepts, as specified by the commissioner in
regulation, the group capital calculation as the
world-wide group capital assessment for U.S. insurance
groups who operate in that jurisdiction.
(5) Notwithstanding the provisions of paragraphs (3) and
(4) of this subsection, a lead state commissioner shall
require the group capital calculation for U.S. operations of
any non-U.S. based insurance holding company system where,
after any necessary consultation with other supervisors or
officials, it is deemed appropriate by the lead state
commissioner for prudential oversight and solvency monitoring
purposes or for ensuring the competitiveness of the insurance
marketplace.
(6) Notwithstanding the exemptions from filing the group
capital calculation stated in paragraphs (1) through (4) of
this subsection, the lead state commissioner has the
discretion to exempt the ultimate controlling person from
filing the annual group capital calculation or to accept a

limited group capital filing or report in accordance with
criteria as specified by the Director in regulation.
(c) Liquidity stress test. The ultimate controlling person
of every insurer subject to registration and also scoped into
the NAIC Liquidity Stress Test Framework shall file the
results of a specific year's liquidity stress test. The filing
shall be made to the lead state insurance commissioner of the
insurance holding company system as determined by the
procedures within the Financial Analysis Handbook adopted by
the National Association of Insurance Commissioners:
(1) The NAIC Liquidity Stress Test Framework includes
scope criteria applicable to a specific data year. These
scope criteria are reviewed at least annually by the NAIC
Financial Stability Task Force or its successor. Any
change to the NAIC Liquidity Stress Test Framework or to
the data year for which the scope criteria are to be
measured shall be effective on January 1 of the year
following the calendar year when such changes are adopted.
Insurers meeting at least one threshold of the scope
criteria are considered scoped into the NAIC Liquidity
Stress Test Framework for the specified data year unless
the lead state insurance commissioner, in consultation
with the NAIC Financial Stability Task Force or its
successor, determines the insurer should not be scoped
into the Framework for that data year. Similarly, insurers
that do not trigger at least one threshold of the scope

criteria are considered scoped out of the NAIC Liquidity
Stress Test Framework for the specified data year, unless
the lead state insurance commissioner, in consultation
with the NAIC Financial Stability Task Force or its
successor, determines the insurer should be scoped into
the Framework for that data year.
The lead state insurance commissioner, in consultation
with the Financial Stability Task Force or its successor,
shall assess the regulator's wish to avoid having insurers
scoped in and out of the NAIC Liquidity Stress Test
Framework on a frequent basis as part of the determination
for an insurer.
(2) The performance of, and filing of the results
from, a specific year's liquidity stress test shall comply
with the NAIC Liquidity Stress Test Framework's
instructions and reporting templates for that year and any
lead state insurance commissioner determinations, in
conjunction with the NAIC Financial Stability Task Force
or its successor, provided within the Framework.
(Source: P.A. 102-578, eff. 7-1-22 (See Section 5 of P.A.
102-672 for effective date of P.A. 102-578); revised 12-2-21.)
(215 ILCS 5/131.22)
(Text of Section before amendment by P.A. 102-578)
Sec. 131.22. Confidential treatment.
(a) Documents, materials, or other information in the

possession or control of the Department that are obtained by
or disclosed to the Director or any other person in the course
of an examination or investigation made pursuant to this
Article and all information reported or provided to the
Department pursuant to paragraphs (12) and (13) of Section
131.5 and Sections 131.13 through 131.21 shall be confidential
by law and privileged, shall not be subject to the Illinois
Freedom of Information Act, shall not be subject to subpoena,
and shall not be subject to discovery or admissible in
evidence in any private civil action. However, the Director is
authorized to use the documents, materials, or other
information in the furtherance of any regulatory or legal
action brought as a part of the Director's official duties.
The Director shall not otherwise make the documents,
materials, or other information public without the prior
written consent of the company to which it pertains unless the
Director, after giving the company and its affiliates who
would be affected thereby prior written notice and an
opportunity to be heard, determines that the interest of
policyholders, shareholders, or the public shall be served by
the publication thereof, in which event the Director may
publish all or any part in such manner as may be deemed
appropriate.
(b) Neither the Director nor any person who received
documents, materials, or other information while acting under
the authority of the Director or with whom such documents,

materials, or other information are shared pursuant to this
Article shall be permitted or required to testify in any
private civil action concerning any confidential documents,
materials, or information subject to subsection (a) of this
Section.
(c) In order to assist in the performance of the
Director's duties, the Director:
(1) may share documents, materials, or other
information, including the confidential and privileged
documents, materials, or information subject to subsection
(a) of this Section, with other state, federal, and
international regulatory agencies, with the NAIC and its
affiliates and subsidiaries, and with third-party
consultants, and with state, federal, and international
law enforcement authorities and regulatory agencies,
including members of any supervisory college allowed by
this Article, provided that the recipient agrees in
writing to maintain the confidentiality and privileged
status of the document, material, or other information,
and has verified in writing the legal authority to
maintain confidentiality;
(1.5) notwithstanding paragraph (1) of this subsection
(c), may only share confidential and privileged documents,
material, or information reported pursuant to Section
131.14b with commissioners of states having statutes or
regulations substantially similar to subsection (a) of

this Section and who have agreed in writing not to
disclose such information; and
(2) may receive documents, materials, or information,
including otherwise confidential and privileged documents,
materials, or information from the NAIC and its affiliates
and subsidiaries and from regulatory and law enforcement
officials of other foreign or domestic jurisdictions, and
shall maintain as confidential or privileged any document,
material, or information received with notice or the
understanding that it is confidential or privileged under
the laws of the jurisdiction that is the source of the
document, material, or information; any such documents,
materials, or information, while in the Director's
possession, shall not be subject to the Illinois Freedom
of Information Act and shall not be subject to subpoena.
(c-5) Written agreements with the NAIC or third-party
consultants governing sharing and use of information provided
pursuant to this Article consistent with this subsection (c)
shall:
(1) specify procedures and protocols regarding the
confidentiality and security of information shared with
the NAIC and its affiliates and subsidiaries or
third-party consultants pursuant to this Article,
including procedures and protocols for sharing by the NAIC
with other state, federal, or international regulators;
(2) specify that ownership of information shared with

the NAIC and its affiliates and subsidiaries or
third-party consultants pursuant to this Article remains
with the Director and the NAIC's or third-party
consultant's use of the information is subject to the
direction of the Director;
(3) require prompt notice to be given to a company
whose confidential information in the possession of the
NAIC or third-party consultant pursuant to this Article is
subject to a request or subpoena for disclosure or
production; and
(4) require the NAIC and its affiliates and
subsidiaries or third-party consultants to consent to
intervention by a company in any judicial or
administrative action in which the NAIC and its affiliates
and subsidiaries or third-party consultants may be
required to disclose confidential information about the
company shared with the NAIC and its affiliates and
subsidiaries or third-party consultants pursuant to this
Article.
(d) The sharing of documents, materials, or information by
the Director pursuant to this Article shall not constitute a
delegation of regulatory authority or rulemaking, and the
Director is solely responsible for the administration,
execution, and enforcement of the provisions of this Article.
(e) No waiver of any applicable privilege or claim of
confidentiality in the documents, materials, or information

shall occur as a result of disclosure to the Director under
this Section or as a result of sharing as authorized in
subsection (c) of this Section.
(f) Documents, materials, or other information in the
possession or control of the NAIC or a third-party consultant
pursuant to this Article shall be confidential by law and
privileged, shall not be subject to the Illinois Freedom of
Information Act, shall not be subject to subpoena, and shall
not be subject to discovery or admissible in evidence in any
private civil action.
(Source: P.A. 102-394, eff. 8-16-21.)
(Text of Section after amendment by P.A. 102-578)
Sec. 131.22. Confidential treatment.
(a) Documents, materials, or other information in the
possession or control of the Department that are obtained by
or disclosed to the Director or any other person in the course
of an examination or investigation made pursuant to this
Article and all information reported or provided to the
Department pursuant to paragraphs (12) and (13) of Section
131.5 and Sections 131.13 through 131.21 are recognized by
this State as being proprietary and to contain trade secrets,
and shall be confidential by law and privileged, shall not be
subject to the Illinois Freedom of Information Act, shall not
be subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action.

However, the Director is authorized to use the documents,
materials, or other information in the furtherance of any
regulatory or legal action brought as a part of the Director's
official duties. The Director shall not otherwise make the
documents, materials, or other information public without the
prior written consent of the company to which it pertains
unless the Director, after giving the company and its
affiliates who would be affected thereby prior written notice
and an opportunity to be heard, determines that the interest
of policyholders, shareholders, or the public shall be served
by the publication thereof, in which event the Director may
publish all or any part in such manner as may be deemed
appropriate.
(b) Neither the Director nor any person who received
documents, materials, or other information while acting under
the authority of the Director or with whom such documents,
materials, or other information are shared pursuant to this
Article shall be permitted or required to testify in any
private civil action concerning any confidential documents,
materials, or information subject to subsection (a) of this
Section.
(c) In order to assist in the performance of the
Director's duties, the Director:
(1) may share documents, materials, or other
information, including the confidential and privileged
documents, materials, or information subject to subsection

(a) of this Section, including proprietary and trade
secret documents and materials, with other state, federal,
and international regulatory agencies, with the NAIC and
its affiliates and subsidiaries, and with third-party
consultants, and with state, federal, and international
law enforcement authorities and regulatory agencies,
including members of any supervisory college allowed by
this Article, provided that the recipient agrees in
writing to maintain the confidentiality and privileged
status of the document, material, or other information,
and has verified in writing the legal authority to
maintain confidentiality;
(1.5) notwithstanding paragraph (1) of this subsection
(c), may only share confidential and privileged documents,
material, or information reported pursuant to subsection
(a) of Section 131.14b with commissioners of states having
statutes or regulations substantially similar to
subsection (a) of this Section and who have agreed in
writing not to disclose such information; and
(2) may receive documents, materials, or information,
including otherwise confidential and privileged documents,
materials, or information, including proprietary and trade
secret information, from the NAIC and its affiliates and
subsidiaries and from regulatory and law enforcement
officials of other foreign or domestic jurisdictions, and
shall maintain as confidential or privileged any document,

material, or information received with notice or the
understanding that it is confidential or privileged under
the laws of the jurisdiction that is the source of the
document, material, or information; any such documents,
materials, or information, while in the Director's
possession, shall not be subject to the Illinois Freedom
of Information Act and shall not be subject to subpoena.
(blank).
(c-5) Written agreements with the NAIC or third-party
consultants governing sharing and use of information provided
pursuant to this Article consistent with subsection (c) shall:
(1) specify procedures and protocols regarding the
confidentiality and security of information shared with
the NAIC and its affiliates and subsidiaries or
third-party consultants pursuant to this Article,
including procedures and protocols for sharing by the NAIC
with other state, federal, or international regulators;
the agreement shall provide that the recipient agrees in
writing to maintain the confidentiality and privileged
status of the documents, materials, or other information
and has verified in writing the legal authority to
maintain such confidentiality;
(2) specify that ownership of information shared with
the NAIC and its affiliates and subsidiaries or
third-party consultants pursuant to this Article remains
with the Director and the NAIC's or third-party

consultant's use of the information is subject to the
direction of the Director;
(3) require prompt notice to be given to a company
whose confidential information in the possession of the
NAIC or third-party consultant pursuant to this Article is
subject to a request or subpoena for disclosure or
production;
(4) require the NAIC and its affiliates and
subsidiaries or third-party consultants to consent to
intervention by a company in any judicial or
administrative action in which the NAIC and its affiliates
and subsidiaries or third-party consultants may be
required to disclose confidential information about the
company shared with the NAIC and its affiliates and
subsidiaries or third-party consultants pursuant to this
Article; and
(5) excluding documents, material, or information
reported pursuant to subsection (c) of Section 131.14b,
prohibit the NAIC or third-party consultant from storing
the information shared pursuant to this Code in a
permanent database after the underlying analysis is
completed.
(d) The sharing of documents, materials, or information by
the Director pursuant to this Article shall not constitute a
delegation of regulatory authority or rulemaking, and the
Director is solely responsible for the administration,

execution, and enforcement of the provisions of this Article.
(e) No waiver of any applicable privilege or claim of
confidentiality in the documents, materials, or information
shall occur as a result of disclosure to the Director under
this Section or as a result of sharing as authorized in
subsection (c) of this Section.
(f) Documents, materials, or other information in the
possession or control of the NAIC or third-party consultant
pursuant to this Article shall be confidential by law and
privileged, shall not be subject to the Illinois Freedom of
Information Act, shall not be subject to subpoena, and shall
not be subject to discovery or admissible in evidence in any
private civil action.
(Source: P.A. 102-394, eff. 8-16-21; 102-578, eff. 7-1-22 (See
Section 5 of P.A. 102-672 for effective date of P.A. 102-578);
revised 12-1-21.)
(215 ILCS 5/356z.43)
Sec. 356z.43. (Repealed).
(Source: P.A. 102-34, eff. 6-25-21. Repealed internally, eff.
1-1-22.)
(215 ILCS 5/356z.45)
Sec. 356z.45 356z.43. Coverage for patient care services
provided by a pharmacist. A group or individual policy of
accident and health insurance or a managed care plan that is

amended, delivered, issued, or renewed on or after January 1,
2023 shall provide coverage for health care or patient care
services provided by a pharmacist if:
(1) the pharmacist meets the requirements and scope of
practice as set forth in Section 43 of the Pharmacy
Practice Act;
(2) the health plan provides coverage for the same
service provided by a licensed physician, an advanced
practice registered nurse, or a physician assistant;
(3) the pharmacist is included in the health benefit
plan's network of participating providers; and
(4) a reimbursement has been successfully negotiated
in good faith between the pharmacist and the health plan.
(Source: P.A. 102-103, eff. 1-1-23; revised 10-26-21.)
(215 ILCS 5/356z.46)
Sec. 356z.46 356z.43. Biomarker testing.
(a) As used in this Section:
"Biomarker" means a characteristic that is objectively
measured and evaluated as an indicator of normal biological
processes, pathogenic processes, or pharmacologic responses to
a specific therapeutic intervention. "Biomarker" includes, but
is not limited to, gene mutations or protein expression.
"Biomarker testing" means the analysis of a patient's
tissue, blood, or fluid biospecimen for the presence of a
biomarker. "Biomarker testing" includes, but is not limited

to, single-analyte tests, multi-plex panel tests, and partial
or whole genome sequencing.
(b) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed on or after January 1, 2022 shall include coverage for
biomarker testing as defined in this Section pursuant to
criteria established under subsection (d).
(c) Biomarker testing shall be covered and conducted in an
efficient manner to provide the most complete range of results
to the patient's health care provider without requiring
multiple biopsies, biospecimen samples, or other delays or
disruptions in patient care.
(d) Biomarker testing must be covered for the purposes of
diagnosis, treatment, appropriate management, or ongoing
monitoring of an enrollee's disease or condition when the test
is supported by medical and scientific evidence, including,
but not limited to:
(1) labeled indications for an FDA-approved test or
indicated tests for an FDA-approved drug;
(2) federal Centers for Medicare and Medicaid Services
National Coverage Determinations;
(3) nationally recognized clinical practice
guidelines;
(4) consensus statements;
(5) professional society recommendations;
(6) peer-reviewed literature, biomedical compendia,

and other medical literature that meet the criteria of the
National Institutes of Health's National Library of
Medicine for indexing in Index Medicus, Excerpta Medicus,
Medline, and MEDLARS database of Health Services
Technology Assessment Research; and
(7) peer-reviewed scientific studies published in or
accepted for publication by medical journals that meet
nationally recognized requirements for scientific
manuscripts and that submit most of their published
articles for review by experts who are not part of the
editorial staff.
(e) When coverage of biomarker testing for the purpose of
diagnosis, treatment, or ongoing monitoring of any medical
condition is restricted for use by a group or individual
policy of accident and health insurance or managed care plan,
the patient and prescribing practitioner shall have access to
a clear, readily accessible, and convenient processes to
request an exception. The process shall be made readily
accessible on the insurer's website.
(Source: P.A. 102-203, eff. 1-1-22; revised 10-26-21.)
(215 ILCS 5/356z.47)
Sec. 356z.47 356z.43. Coverage for pancreatic cancer
screening. A group or individual policy of accident and health
insurance or a managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2022 shall provide

coverage for medically necessary pancreatic cancer screening.
(Source: P.A. 102-306, eff. 1-1-22; revised 10-26-21.)
(215 ILCS 5/356z.48)
Sec. 356z.48 356z.43. Colonoscopy coverage.
(a) A group policy of accident and health insurance that
is amended, delivered, issued, or renewed on or after January
1, 2022 shall provide coverage for a colonoscopy that is a
follow-up exam based on an initial screen where the
colonoscopy was determined to be medically necessary by a
physician licensed to practice medicine in all its branches,
an advanced practice registered nurse, or a physician
assistant.
(b) A policy subject to this Section shall not impose a
deductible, coinsurance, copayment, or any other cost-sharing
requirement on the coverage provided; except that this
subsection does not apply to coverage of colonoscopies to the
extent such coverage would disqualify a high-deductible health
plan from eligibility for a health savings account pursuant to
Section 223 of the Internal Revenue Code.
(Source: P.A. 102-443, eff. 1-1-22; revised 10-26-21.)
(215 ILCS 5/356z.49)
Sec. 356z.49 356z.43. A1C testing.
(a) As used in this Section, "A1C testing" means blood
sugar level testing used to diagnose prediabetes, type 1

diabetes, and type 2 diabetes and to monitor management of
blood sugar levels.
(b) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed on or after January 1, 2022 (the effective date of
Public Act 102-530) this amendatory Act of the 102nd General
Assembly shall provide coverage for A1C testing recommended by
a health care provider for prediabetes, type 1 diabetes, and
type 2 diabetes in accordance with prediabetes and diabetes
risk factors identified by the United States Centers for
Disease Control and Prevention.
(1) Risk factors for prediabetes may include, but are
not limited to, being overweight or obese, being aged 35
or older, having an immediate family member with type 2
diabetes, previous diagnosis of gestational diabetes and
being African American, Hispanic or Latino American,
American Indian, or Alaska Native.
(2) Risk factors for type 1 diabetes may include, but
are not limited to, family history of diabetes.
(3) Risk factors for type 2 diabetes may include, but
are not limited to, having prediabetes, being overweight
or obese, being aged 35 or older, having an immediate
family member with type 1 or type 2 diabetes, previous
diagnosis of gestational diabetes and being African
American, Hispanic or Latino American, American Indian, or
Alaska Native.

(Source: P.A. 102-530, eff. 1-1-22; revised 10-26-21.)
(215 ILCS 5/356z.50)
Sec. 356z.50 356z.43. Comprehensive cancer testing.
(a) As used in this Section:
"Comprehensive cancer testing" includes, but is not
limited to, the following forms of testing:
(1) Targeted cancer gene panels.
(2) Whole-exome genome testing.
(3) Whole-genome sequencing.
(4) RNA sequencing.
(5) Tumor mutation burden.
"Testing of blood or constitutional tissue for cancer
predisposition testing" includes, but is not limited to, the
following forms of testing:
(1) Targeted cancer gene panels.
(2) Whole-exome genome testing.
(3) Whole-genome sequencing.
(b) An individual or group policy of accident and health
insurance or managed care plan that is amended, delivered,
issued, or renewed on or after January 1, 2022 (the effective
date of Public Act 102-589) this amendatory Act of the 102nd
General Assembly shall provide coverage for medically
necessary comprehensive cancer testing and testing of blood or
constitutional tissue for cancer predisposition testing as
determined by a physician licensed to practice medicine in all

of its branches.
(Source: P.A. 102-589, eff. 1-1-22; revised 10-26-21.)
(215 ILCS 5/356z.51)
Sec. 356z.51 356z.43. Coverage for port-wine stain
treatment.
(a) A group or individual policy of accident and health
insurance or managed care plan amended, delivered, issued, or
renewed on or after January 1, 2022 shall provide coverage for
treatment to eliminate or provide maximum feasible treatment
of nevus flammeus, also known as port-wine stains, including,
but not limited to, port-wine stains caused by Sturge-Weber
syndrome. For purposes of this Section, treatment or maximum
feasible treatment shall include early intervention treatment,
including topical, intralesional, or systemic medical therapy
and surgery, and laser treatments approved by the U.S. Food
and Drug Administration in children aged 18 years and younger
that are intended to prevent functional impairment related to
vision function, oral function, inflammation, bleeding,
infection, and other medical complications associated with
port-wine stains.
(b) Coverage for treatment required under this Section
shall not include treatment solely for cosmetic purposes.
(Source: P.A. 102-642, eff. 1-1-22; revised 10-26-21.)
(215 ILCS 5/370c) (from Ch. 73, par. 982c)

Sec. 370c. Mental and emotional disorders.
(a)(1) On and after January 1, 2022 (the effective date of
Public Act 102-579) this amendatory Act of the 102nd General
Assembly August 16, 2019 Public Act 101-386, every insurer
that amends, delivers, issues, or renews group accident and
health policies providing coverage for hospital or medical
treatment or services for illness on an expense-incurred basis
shall provide coverage for the medically necessary treatment
of mental, emotional, nervous, or substance use disorders or
conditions consistent with the parity requirements of Section
370c.1 of this Code.
(2) Each insured that is covered for mental, emotional,
nervous, or substance use disorders or conditions shall be
free to select the physician licensed to practice medicine in
all its branches, licensed clinical psychologist, licensed
clinical social worker, licensed clinical professional
counselor, licensed marriage and family therapist, licensed
speech-language pathologist, or other licensed or certified
professional at a program licensed pursuant to the Substance
Use Disorder Act of his or her choice to treat such disorders,
and the insurer shall pay the covered charges of such
physician licensed to practice medicine in all its branches,
licensed clinical psychologist, licensed clinical social
worker, licensed clinical professional counselor, licensed
marriage and family therapist, licensed speech-language
pathologist, or other licensed or certified professional at a

program licensed pursuant to the Substance Use Disorder Act up
to the limits of coverage, provided (i) the disorder or
condition treated is covered by the policy, and (ii) the
physician, licensed psychologist, licensed clinical social
worker, licensed clinical professional counselor, licensed
marriage and family therapist, licensed speech-language
pathologist, or other licensed or certified professional at a
program licensed pursuant to the Substance Use Disorder Act is
authorized to provide said services under the statutes of this
State and in accordance with accepted principles of his or her
profession.
(3) Insofar as this Section applies solely to licensed
clinical social workers, licensed clinical professional
counselors, licensed marriage and family therapists, licensed
speech-language pathologists, and other licensed or certified
professionals at programs licensed pursuant to the Substance
Use Disorder Act, those persons who may provide services to
individuals shall do so after the licensed clinical social
worker, licensed clinical professional counselor, licensed
marriage and family therapist, licensed speech-language
pathologist, or other licensed or certified professional at a
program licensed pursuant to the Substance Use Disorder Act
has informed the patient of the desirability of the patient
conferring with the patient's primary care physician.
(4) "Mental, emotional, nervous, or substance use disorder
or condition" means a condition or disorder that involves a

mental health condition or substance use disorder that falls
under any of the diagnostic categories listed in the mental
and behavioral disorders chapter of the current edition of the
World Health Organization's International Classification of
Disease or that is listed in the most recent version of the
American Psychiatric Association's Diagnostic and Statistical
Manual of Mental Disorders. "Mental, emotional, nervous, or
substance use disorder or condition" includes any mental
health condition that occurs during pregnancy or during the
postpartum period and includes, but is not limited to,
postpartum depression.
(5) Medically necessary treatment and medical necessity
determinations shall be interpreted and made in a manner that
is consistent with and pursuant to subsections (h) through
(t).
(b)(1) (Blank).
(2) (Blank).
(2.5) (Blank).
(3) Unless otherwise prohibited by federal law and
consistent with the parity requirements of Section 370c.1 of
this Code, the reimbursing insurer that amends, delivers,
issues, or renews a group or individual policy of accident and
health insurance, a qualified health plan offered through the
health insurance marketplace, or a provider of treatment of
mental, emotional, nervous, or substance use disorders or
conditions shall furnish medical records or other necessary

data that substantiate that initial or continued treatment is
at all times medically necessary. An insurer shall provide a
mechanism for the timely review by a provider holding the same
license and practicing in the same specialty as the patient's
provider, who is unaffiliated with the insurer, jointly
selected by the patient (or the patient's next of kin or legal
representative if the patient is unable to act for himself or
herself), the patient's provider, and the insurer in the event
of a dispute between the insurer and patient's provider
regarding the medical necessity of a treatment proposed by a
patient's provider. If the reviewing provider determines the
treatment to be medically necessary, the insurer shall provide
reimbursement for the treatment. Future contractual or
employment actions by the insurer regarding the patient's
provider may not be based on the provider's participation in
this procedure. Nothing prevents the insured from agreeing in
writing to continue treatment at his or her expense. When
making a determination of the medical necessity for a
treatment modality for mental, emotional, nervous, or
substance use disorders or conditions, an insurer must make
the determination in a manner that is consistent with the
manner used to make that determination with respect to other
diseases or illnesses covered under the policy, including an
appeals process. Medical necessity determinations for
substance use disorders shall be made in accordance with
appropriate patient placement criteria established by the

American Society of Addiction Medicine. No additional criteria
may be used to make medical necessity determinations for
substance use disorders.
(4) A group health benefit plan amended, delivered,
issued, or renewed on or after January 1, 2019 (the effective
date of Public Act 100-1024) or an individual policy of
accident and health insurance or a qualified health plan
offered through the health insurance marketplace amended,
delivered, issued, or renewed on or after January 1, 2019 (the
effective date of Public Act 100-1024):
(A) shall provide coverage based upon medical
necessity for the treatment of a mental, emotional,
nervous, or substance use disorder or condition consistent
with the parity requirements of Section 370c.1 of this
Code; provided, however, that in each calendar year
coverage shall not be less than the following:
(i) 45 days of inpatient treatment; and
(ii) beginning on June 26, 2006 (the effective
date of Public Act 94-921), 60 visits for outpatient
treatment including group and individual outpatient
treatment; and
(iii) for plans or policies delivered, issued for
delivery, renewed, or modified after January 1, 2007
(the effective date of Public Act 94-906), 20
additional outpatient visits for speech therapy for
treatment of pervasive developmental disorders that

will be in addition to speech therapy provided
pursuant to item (ii) of this subparagraph (A); and
(B) may not include a lifetime limit on the number of
days of inpatient treatment or the number of outpatient
visits covered under the plan.
(C) (Blank).
(5) An issuer of a group health benefit plan or an
individual policy of accident and health insurance or a
qualified health plan offered through the health insurance
marketplace may not count toward the number of outpatient
visits required to be covered under this Section an outpatient
visit for the purpose of medication management and shall cover
the outpatient visits under the same terms and conditions as
it covers outpatient visits for the treatment of physical
illness.
(5.5) An individual or group health benefit plan amended,
delivered, issued, or renewed on or after September 9, 2015
(the effective date of Public Act 99-480) shall offer coverage
for medically necessary acute treatment services and medically
necessary clinical stabilization services. The treating
provider shall base all treatment recommendations and the
health benefit plan shall base all medical necessity
determinations for substance use disorders in accordance with
the most current edition of the Treatment Criteria for
Addictive, Substance-Related, and Co-Occurring Conditions
established by the American Society of Addiction Medicine. The

treating provider shall base all treatment recommendations and
the health benefit plan shall base all medical necessity
determinations for medication-assisted treatment in accordance
with the most current Treatment Criteria for Addictive,
Substance-Related, and Co-Occurring Conditions established by
the American Society of Addiction Medicine.
As used in this subsection:
"Acute treatment services" means 24-hour medically
supervised addiction treatment that provides evaluation and
withdrawal management and may include biopsychosocial
assessment, individual and group counseling, psychoeducational
groups, and discharge planning.
"Clinical stabilization services" means 24-hour treatment,
usually following acute treatment services for substance
abuse, which may include intensive education and counseling
regarding the nature of addiction and its consequences,
relapse prevention, outreach to families and significant
others, and aftercare planning for individuals beginning to
engage in recovery from addiction.
(6) An issuer of a group health benefit plan may provide or
offer coverage required under this Section through a managed
care plan.
(6.5) An individual or group health benefit plan amended,
delivered, issued, or renewed on or after January 1, 2019 (the
effective date of Public Act 100-1024):
(A) shall not impose prior authorization requirements,

other than those established under the Treatment Criteria
for Addictive, Substance-Related, and Co-Occurring
Conditions established by the American Society of
Addiction Medicine, on a prescription medication approved
by the United States Food and Drug Administration that is
prescribed or administered for the treatment of substance
use disorders;
(B) shall not impose any step therapy requirements,
other than those established under the Treatment Criteria
for Addictive, Substance-Related, and Co-Occurring
Conditions established by the American Society of
Addiction Medicine, before authorizing coverage for a
prescription medication approved by the United States Food
and Drug Administration that is prescribed or administered
for the treatment of substance use disorders;
(C) shall place all prescription medications approved
by the United States Food and Drug Administration
prescribed or administered for the treatment of substance
use disorders on, for brand medications, the lowest tier
of the drug formulary developed and maintained by the
individual or group health benefit plan that covers brand
medications and, for generic medications, the lowest tier
of the drug formulary developed and maintained by the
individual or group health benefit plan that covers
generic medications; and
(D) shall not exclude coverage for a prescription

medication approved by the United States Food and Drug
Administration for the treatment of substance use
disorders and any associated counseling or wraparound
services on the grounds that such medications and services
were court ordered.
(7) (Blank).
(8) (Blank).
(9) With respect to all mental, emotional, nervous, or
substance use disorders or conditions, coverage for inpatient
treatment shall include coverage for treatment in a
residential treatment center certified or licensed by the
Department of Public Health or the Department of Human
Services.
(c) This Section shall not be interpreted to require
coverage for speech therapy or other habilitative services for
those individuals covered under Section 356z.15 of this Code.
(d) With respect to a group or individual policy of
accident and health insurance or a qualified health plan
offered through the health insurance marketplace, the
Department and, with respect to medical assistance, the
Department of Healthcare and Family Services shall each
enforce the requirements of this Section and Sections 356z.23
and 370c.1 of this Code, the Paul Wellstone and Pete Domenici
Mental Health Parity and Addiction Equity Act of 2008, 42
U.S.C. 18031(j), and any amendments to, and federal guidance
or regulations issued under, those Acts, including, but not

limited to, final regulations issued under the Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity
Act of 2008 and final regulations applying the Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction Equity
Act of 2008 to Medicaid managed care organizations, the
Children's Health Insurance Program, and alternative benefit
plans. Specifically, the Department and the Department of
Healthcare and Family Services shall take action:
(1) proactively ensuring compliance by individual and
group policies, including by requiring that insurers
submit comparative analyses, as set forth in paragraph (6)
of subsection (k) of Section 370c.1, demonstrating how
they design and apply nonquantitative treatment
limitations, both as written and in operation, for mental,
emotional, nervous, or substance use disorder or condition
benefits as compared to how they design and apply
nonquantitative treatment limitations, as written and in
operation, for medical and surgical benefits;
(2) evaluating all consumer or provider complaints
regarding mental, emotional, nervous, or substance use
disorder or condition coverage for possible parity
violations;
(3) performing parity compliance market conduct
examinations or, in the case of the Department of
Healthcare and Family Services, parity compliance audits
of individual and group plans and policies, including, but

not limited to, reviews of:
(A) nonquantitative treatment limitations,
including, but not limited to, prior authorization
requirements, concurrent review, retrospective review,
step therapy, network admission standards,
reimbursement rates, and geographic restrictions;
(B) denials of authorization, payment, and
coverage; and
(C) other specific criteria as may be determined
by the Department.
The findings and the conclusions of the parity compliance
market conduct examinations and audits shall be made public.
The Director may adopt rules to effectuate any provisions
of the Paul Wellstone and Pete Domenici Mental Health Parity
and Addiction Equity Act of 2008 that relate to the business of
insurance.
(e) Availability of plan information.
(1) The criteria for medical necessity determinations
made under a group health plan, an individual policy of
accident and health insurance, or a qualified health plan
offered through the health insurance marketplace with
respect to mental health or substance use disorder
benefits (or health insurance coverage offered in
connection with the plan with respect to such benefits)
must be made available by the plan administrator (or the
health insurance issuer offering such coverage) to any

current or potential participant, beneficiary, or
contracting provider upon request.
(2) The reason for any denial under a group health
benefit plan, an individual policy of accident and health
insurance, or a qualified health plan offered through the
health insurance marketplace (or health insurance coverage
offered in connection with such plan or policy) of
reimbursement or payment for services with respect to
mental, emotional, nervous, or substance use disorders or
conditions benefits in the case of any participant or
beneficiary must be made available within a reasonable
time and in a reasonable manner and in readily
understandable language by the plan administrator (or the
health insurance issuer offering such coverage) to the
participant or beneficiary upon request.
(f) As used in this Section, "group policy of accident and
health insurance" and "group health benefit plan" includes (1)
State-regulated employer-sponsored group health insurance
plans written in Illinois or which purport to provide coverage
for a resident of this State; and (2) State employee health
plans.
(g) (1) As used in this subsection:
"Benefits", with respect to insurers, means the benefits
provided for treatment services for inpatient and outpatient
treatment of substance use disorders or conditions at American
Society of Addiction Medicine levels of treatment 2.1

(Intensive Outpatient), 2.5 (Partial Hospitalization), 3.1
(Clinically Managed Low-Intensity Residential), 3.3
(Clinically Managed Population-Specific High-Intensity
Residential), 3.5 (Clinically Managed High-Intensity
Residential), and 3.7 (Medically Monitored Intensive
Inpatient) and OMT (Opioid Maintenance Therapy) services.
"Benefits", with respect to managed care organizations,
means the benefits provided for treatment services for
inpatient and outpatient treatment of substance use disorders
or conditions at American Society of Addiction Medicine levels
of treatment 2.1 (Intensive Outpatient), 2.5 (Partial
Hospitalization), 3.5 (Clinically Managed High-Intensity
Residential), and 3.7 (Medically Monitored Intensive
Inpatient) and OMT (Opioid Maintenance Therapy) services.
"Substance use disorder treatment provider or facility"
means a licensed physician, licensed psychologist, licensed
psychiatrist, licensed advanced practice registered nurse, or
licensed, certified, or otherwise State-approved facility or
provider of substance use disorder treatment.
(2) A group health insurance policy, an individual health
benefit plan, or qualified health plan that is offered through
the health insurance marketplace, small employer group health
plan, and large employer group health plan that is amended,
delivered, issued, executed, or renewed in this State, or
approved for issuance or renewal in this State, on or after
January 1, 2019 (the effective date of Public Act 100-1023)

shall comply with the requirements of this Section and Section
370c.1. The services for the treatment and the ongoing
assessment of the patient's progress in treatment shall follow
the requirements of 77 Ill. Adm. Code 2060.
(3) Prior authorization shall not be utilized for the
benefits under this subsection. The substance use disorder
treatment provider or facility shall notify the insurer of the
initiation of treatment. For an insurer that is not a managed
care organization, the substance use disorder treatment
provider or facility notification shall occur for the
initiation of treatment of the covered person within 2
business days. For managed care organizations, the substance
use disorder treatment provider or facility notification shall
occur in accordance with the protocol set forth in the
provider agreement for initiation of treatment within 24
hours. If the managed care organization is not capable of
accepting the notification in accordance with the contractual
protocol during the 24-hour period following admission, the
substance use disorder treatment provider or facility shall
have one additional business day to provide the notification
to the appropriate managed care organization. Treatment plans
shall be developed in accordance with the requirements and
timeframes established in 77 Ill. Adm. Code 2060. If the
substance use disorder treatment provider or facility fails to
notify the insurer of the initiation of treatment in
accordance with these provisions, the insurer may follow its

normal prior authorization processes.
(4) For an insurer that is not a managed care
organization, if an insurer determines that benefits are no
longer medically necessary, the insurer shall notify the
covered person, the covered person's authorized
representative, if any, and the covered person's health care
provider in writing of the covered person's right to request
an external review pursuant to the Health Carrier External
Review Act. The notification shall occur within 24 hours
following the adverse determination.
Pursuant to the requirements of the Health Carrier
External Review Act, the covered person or the covered
person's authorized representative may request an expedited
external review. An expedited external review may not occur if
the substance use disorder treatment provider or facility
determines that continued treatment is no longer medically
necessary. Under this subsection, a request for expedited
external review must be initiated within 24 hours following
the adverse determination notification by the insurer. Failure
to request an expedited external review within 24 hours shall
preclude a covered person or a covered person's authorized
representative from requesting an expedited external review.
If an expedited external review request meets the criteria
of the Health Carrier External Review Act, an independent
review organization shall make a final determination of
medical necessity within 72 hours. If an independent review

organization upholds an adverse determination, an insurer
shall remain responsible to provide coverage of benefits
through the day following the determination of the independent
review organization. A decision to reverse an adverse
determination shall comply with the Health Carrier External
Review Act.
(5) The substance use disorder treatment provider or
facility shall provide the insurer with 7 business days'
advance notice of the planned discharge of the patient from
the substance use disorder treatment provider or facility and
notice on the day that the patient is discharged from the
substance use disorder treatment provider or facility.
(6) The benefits required by this subsection shall be
provided to all covered persons with a diagnosis of substance
use disorder or conditions. The presence of additional related
or unrelated diagnoses shall not be a basis to reduce or deny
the benefits required by this subsection.
(7) Nothing in this subsection shall be construed to
require an insurer to provide coverage for any of the benefits
in this subsection.
(h) As used in this Section:
"Generally accepted standards of mental, emotional,
nervous, or substance use disorder or condition care" means
standards of care and clinical practice that are generally
recognized by health care providers practicing in relevant
clinical specialties such as psychiatry, psychology, clinical

sociology, social work, addiction medicine and counseling, and
behavioral health treatment. Valid, evidence-based sources
reflecting generally accepted standards of mental, emotional,
nervous, or substance use disorder or condition care include
peer-reviewed scientific studies and medical literature,
recommendations of nonprofit health care provider professional
associations and specialty societies, including, but not
limited to, patient placement criteria and clinical practice
guidelines, recommendations of federal government agencies,
and drug labeling approved by the United States Food and Drug
Administration.
"Medically necessary treatment of mental, emotional,
nervous, or substance use disorders or conditions" means a
service or product addressing the specific needs of that
patient, for the purpose of screening, preventing, diagnosing,
managing, or treating an illness, injury, or condition or its
symptoms and comorbidities, including minimizing the
progression of an illness, injury, or condition or its
symptoms and comorbidities in a manner that is all of the
following:
(1) in accordance with the generally accepted
standards of mental, emotional, nervous, or substance use
disorder or condition care;
(2) clinically appropriate in terms of type,
frequency, extent, site, and duration; and
(3) not primarily for the economic benefit of the

insurer, purchaser, or for the convenience of the patient,
treating physician, or other health care provider.
"Utilization review" means either of the following:
(1) prospectively, retrospectively, or concurrently
reviewing and approving, modifying, delaying, or denying,
based in whole or in part on medical necessity, requests
by health care providers, insureds, or their authorized
representatives for coverage of health care services
before, retrospectively, or concurrently with the
provision of health care services to insureds.
(2) evaluating the medical necessity, appropriateness,
level of care, service intensity, efficacy, or efficiency
of health care services, benefits, procedures, or
settings, under any circumstances, to determine whether a
health care service or benefit subject to a medical
necessity coverage requirement in an insurance policy is
covered as medically necessary for an insured.
"Utilization review criteria" means patient placement
criteria or any criteria, standards, protocols, or guidelines
used by an insurer to conduct utilization review.
(i)(1) Every insurer that amends, delivers, issues, or
renews a group or individual policy of accident and health
insurance or a qualified health plan offered through the
health insurance marketplace in this State and Medicaid
managed care organizations providing coverage for hospital or
medical treatment on or after January 1, 2023 shall, pursuant

to subsections (h) through (s), provide coverage for medically
necessary treatment of mental, emotional, nervous, or
substance use disorders or conditions.
(2) An insurer shall not set a specific limit on the
duration of benefits or coverage of medically necessary
treatment of mental, emotional, nervous, or substance use
disorders or conditions or limit coverage only to alleviation
of the insured's current symptoms.
(3) All medical necessity determinations made by the
insurer concerning service intensity, level of care placement,
continued stay, and transfer or discharge of insureds
diagnosed with mental, emotional, nervous, or substance use
disorders or conditions shall be conducted in accordance with
the requirements of subsections (k) through (u).
(4) An insurer that authorizes a specific type of
treatment by a provider pursuant to this Section shall not
rescind or modify the authorization after that provider
renders the health care service in good faith and pursuant to
this authorization for any reason, including, but not limited
to, the insurer's subsequent cancellation or modification of
the insured's or policyholder's contract, or the insured's or
policyholder's eligibility. Nothing in this Section shall
require the insurer to cover a treatment when the
authorization was granted based on a material
misrepresentation by the insured, the policyholder, or the
provider. Nothing in this Section shall require Medicaid

managed care organizations to pay for services if the
individual was not eligible for Medicaid at the time the
service was rendered. Nothing in this Section shall require an
insurer to pay for services if the individual was not the
insurer's enrollee at the time services were rendered. As used
in this paragraph, "material" means a fact or situation that
is not merely technical in nature and results in or could
result in a substantial change in the situation.
(j) An insurer shall not limit benefits or coverage for
medically necessary services on the basis that those services
should be or could be covered by a public entitlement program,
including, but not limited to, special education or an
individualized education program, Medicaid, Medicare,
Supplemental Security Income, or Social Security Disability
Insurance, and shall not include or enforce a contract term
that excludes otherwise covered benefits on the basis that
those services should be or could be covered by a public
entitlement program. Nothing in this subsection shall be
construed to require an insurer to cover benefits that have
been authorized and provided for a covered person by a public
entitlement program. Medicaid managed care organizations are
not subject to this subsection.
(k) An insurer shall base any medical necessity
determination or the utilization review criteria that the
insurer, and any entity acting on the insurer's behalf,
applies to determine the medical necessity of health care

services and benefits for the diagnosis, prevention, and
treatment of mental, emotional, nervous, or substance use
disorders or conditions on current generally accepted
standards of mental, emotional, nervous, or substance use
disorder or condition care. All denials and appeals shall be
reviewed by a professional with experience or expertise
comparable to the provider requesting the authorization.
(l) For medical necessity determinations relating to level
of care placement, continued stay, and transfer or discharge
of insureds diagnosed with mental, emotional, and nervous
disorders or conditions, an insurer shall apply the patient
placement criteria set forth in the most recent version of the
treatment criteria developed by an unaffiliated nonprofit
professional association for the relevant clinical specialty
or, for Medicaid managed care organizations, patient placement
criteria determined by the Department of Healthcare and Family
Services that are consistent with generally accepted standards
of mental, emotional, nervous or substance use disorder or
condition care. Pursuant to subsection (b), in conducting
utilization review of all covered services and benefits for
the diagnosis, prevention, and treatment of substance use
disorders an insurer shall use the most recent edition of the
patient placement criteria established by the American Society
of Addiction Medicine.
(m) For medical necessity determinations relating to level
of care placement, continued stay, and transfer or discharge

that are within the scope of the sources specified in
subsection (l), an insurer shall not apply different,
additional, conflicting, or more restrictive utilization
review criteria than the criteria set forth in those sources.
For all level of care placement decisions, the insurer shall
authorize placement at the level of care consistent with the
assessment of the insured using the relevant patient placement
criteria as specified in subsection (l). If that level of
placement is not available, the insurer shall authorize the
next higher level of care. In the event of disagreement, the
insurer shall provide full detail of its assessment using the
relevant criteria as specified in subsection (l) to the
provider of the service and the patient.
Nothing in this subsection or subsection (l) prohibits an
insurer from applying utilization review criteria that were
developed in accordance with subsection (k) to health care
services and benefits for mental, emotional, and nervous
disorders or conditions that are not related to medical
necessity determinations for level of care placement,
continued stay, and transfer or discharge. If an insurer
purchases or licenses utilization review criteria pursuant to
this subsection, the insurer shall verify and document before
use that the criteria were developed in accordance with
subsection (k).
(n) In conducting utilization review that is outside the
scope of the criteria as specified in subsection (l) or

relates to the advancements in technology or in the types or
levels of care that are not addressed in the most recent
versions of the sources specified in subsection (l), an
insurer shall conduct utilization review in accordance with
subsection (k).
(o) This Section does not in any way limit the rights of a
patient under the Medical Patient Rights Act.
(p) This Section does not in any way limit early and
periodic screening, diagnostic, and treatment benefits as
defined under 42 U.S.C. 1396d(r).
(q) To ensure the proper use of the criteria described in
subsection (l), every insurer shall do all of the following:
(1) Educate the insurer's staff, including any third
parties contracted with the insurer to review claims,
conduct utilization reviews, or make medical necessity
determinations about the utilization review criteria.
(2) Make the educational program available to other
stakeholders, including the insurer's participating or
contracted providers and potential participants,
beneficiaries, or covered lives. The education program
must be provided at least once a year, in-person or
digitally, or recordings of the education program must be
made available to the aforementioned stakeholders.
(3) Provide, at no cost, the utilization review
criteria and any training material or resources to
providers and insured patients upon request. For

utilization review criteria not concerning level of care
placement, continued stay, and transfer or discharge used
by the insurer pursuant to subsection (m), the insurer may
place the criteria on a secure, password-protected website
so long as the access requirements of the website do not
unreasonably restrict access to insureds or their
providers. No restrictions shall be placed upon the
insured's or treating provider's access right to
utilization review criteria obtained under this paragraph
at any point in time, including before an initial request
for authorization.
(4) Track, identify, and analyze how the utilization
review criteria are used to certify care, deny care, and
support the appeals process.
(5) Conduct interrater reliability testing to ensure
consistency in utilization review decision making that
covers how medical necessity decisions are made; this
assessment shall cover all aspects of utilization review
as defined in subsection (h).
(6) Run interrater reliability reports about how the
clinical guidelines are used in conjunction with the
utilization review process and parity compliance
activities.
(7) Achieve interrater reliability pass rates of at
least 90% and, if this threshold is not met, immediately
provide for the remediation of poor interrater reliability

and interrater reliability testing for all new staff
before they can conduct utilization review without
supervision.
(8) Maintain documentation of interrater reliability
testing and the remediation actions taken for those with
pass rates lower than 90% and submit to the Department of
Insurance or, in the case of Medicaid managed care
organizations, the Department of Healthcare and Family
Services the testing results and a summary of remedial
actions as part of parity compliance reporting set forth
in subsection (k) of Section 370c.1.
(r) This Section applies to all health care services and
benefits for the diagnosis, prevention, and treatment of
mental, emotional, nervous, or substance use disorders or
conditions covered by an insurance policy, including
prescription drugs.
(s) This Section applies to an insurer that amends,
delivers, issues, or renews a group or individual policy of
accident and health insurance or a qualified health plan
offered through the health insurance marketplace in this State
providing coverage for hospital or medical treatment and
conducts utilization review as defined in this Section,
including Medicaid managed care organizations, and any entity
or contracting provider that performs utilization review or
utilization management functions on an insurer's behalf.
(t) If the Director determines that an insurer has

violated this Section, the Director may, after appropriate
notice and opportunity for hearing, by order, assess a civil
penalty between $1,000 and $5,000 for each violation. Moneys
collected from penalties shall be deposited into the Parity
Advancement Fund established in subsection (i) of Section
370c.1.
(u) An insurer shall not adopt, impose, or enforce terms
in its policies or provider agreements, in writing or in
operation, that undermine, alter, or conflict with the
requirements of this Section.
(v) The provisions of this Section are severable. If any
provision of this Section or its application is held invalid,
that invalidity shall not affect other provisions or
applications that can be given effect without the invalid
provision or application.
(Source: P.A. 101-81, eff. 7-12-19; 101-386, eff. 8-16-19;
102-558, eff. 8-20-21; 102-579, eff. 1-1-22; revised
10-15-21.)
(215 ILCS 5/370c.1)
Sec. 370c.1. Mental, emotional, nervous, or substance use
disorder or condition parity.
(a) On and after July 23, 2021 (the effective date of
Public Act 102-135) this amendatory Act of the 102nd General
Assembly, every insurer that amends, delivers, issues, or
renews a group or individual policy of accident and health

insurance or a qualified health plan offered through the
Health Insurance Marketplace in this State providing coverage
for hospital or medical treatment and for the treatment of
mental, emotional, nervous, or substance use disorders or
conditions shall ensure prior to policy issuance that:
(1) the financial requirements applicable to such
mental, emotional, nervous, or substance use disorder or
condition benefits are no more restrictive than the
predominant financial requirements applied to
substantially all hospital and medical benefits covered by
the policy and that there are no separate cost-sharing
requirements that are applicable only with respect to
mental, emotional, nervous, or substance use disorder or
condition benefits; and
(2) the treatment limitations applicable to such
mental, emotional, nervous, or substance use disorder or
condition benefits are no more restrictive than the
predominant treatment limitations applied to substantially
all hospital and medical benefits covered by the policy
and that there are no separate treatment limitations that
are applicable only with respect to mental, emotional,
nervous, or substance use disorder or condition benefits.
(b) The following provisions shall apply concerning
aggregate lifetime limits:
(1) In the case of a group or individual policy of
accident and health insurance or a qualified health plan

offered through the Health Insurance Marketplace amended,
delivered, issued, or renewed in this State on or after
September 9, 2015 (the effective date of Public Act
99-480) this amendatory Act of the 99th General Assembly
that provides coverage for hospital or medical treatment
and for the treatment of mental, emotional, nervous, or
substance use disorders or conditions the following
provisions shall apply:
(A) if the policy does not include an aggregate
lifetime limit on substantially all hospital and
medical benefits, then the policy may not impose any
aggregate lifetime limit on mental, emotional,
nervous, or substance use disorder or condition
benefits; or
(B) if the policy includes an aggregate lifetime
limit on substantially all hospital and medical
benefits (in this subsection referred to as the
"applicable lifetime limit"), then the policy shall
either:
(i) apply the applicable lifetime limit both
to the hospital and medical benefits to which it
otherwise would apply and to mental, emotional,
nervous, or substance use disorder or condition
benefits and not distinguish in the application of
the limit between the hospital and medical
benefits and mental, emotional, nervous, or

substance use disorder or condition benefits; or
(ii) not include any aggregate lifetime limit
on mental, emotional, nervous, or substance use
disorder or condition benefits that is less than
the applicable lifetime limit.
(2) In the case of a policy that is not described in
paragraph (1) of subsection (b) of this Section and that
includes no or different aggregate lifetime limits on
different categories of hospital and medical benefits, the
Director shall establish rules under which subparagraph
(B) of paragraph (1) of subsection (b) of this Section is
applied to such policy with respect to mental, emotional,
nervous, or substance use disorder or condition benefits
by substituting for the applicable lifetime limit an
average aggregate lifetime limit that is computed taking
into account the weighted average of the aggregate
lifetime limits applicable to such categories.
(c) The following provisions shall apply concerning annual
limits:
(1) In the case of a group or individual policy of
accident and health insurance or a qualified health plan
offered through the Health Insurance Marketplace amended,
delivered, issued, or renewed in this State on or after
September 9, 2015 (the effective date of Public Act
99-480) this amendatory Act of the 99th General Assembly
that provides coverage for hospital or medical treatment

and for the treatment of mental, emotional, nervous, or
substance use disorders or conditions the following
provisions shall apply:
(A) if the policy does not include an annual limit
on substantially all hospital and medical benefits,
then the policy may not impose any annual limits on
mental, emotional, nervous, or substance use disorder
or condition benefits; or
(B) if the policy includes an annual limit on
substantially all hospital and medical benefits (in
this subsection referred to as the "applicable annual
limit"), then the policy shall either:
(i) apply the applicable annual limit both to
the hospital and medical benefits to which it
otherwise would apply and to mental, emotional,
nervous, or substance use disorder or condition
benefits and not distinguish in the application of
the limit between the hospital and medical
benefits and mental, emotional, nervous, or
substance use disorder or condition benefits; or
(ii) not include any annual limit on mental,
emotional, nervous, or substance use disorder or
condition benefits that is less than the
applicable annual limit.
(2) In the case of a policy that is not described in
paragraph (1) of subsection (c) of this Section and that

includes no or different annual limits on different
categories of hospital and medical benefits, the Director
shall establish rules under which subparagraph (B) of
paragraph (1) of subsection (c) of this Section is applied
to such policy with respect to mental, emotional, nervous,
or substance use disorder or condition benefits by
substituting for the applicable annual limit an average
annual limit that is computed taking into account the
weighted average of the annual limits applicable to such
categories.
(d) With respect to mental, emotional, nervous, or
substance use disorders or conditions, an insurer shall use
policies and procedures for the election and placement of
mental, emotional, nervous, or substance use disorder or
condition treatment drugs on their formulary that are no less
favorable to the insured as those policies and procedures the
insurer uses for the selection and placement of drugs for
medical or surgical conditions and shall follow the expedited
coverage determination requirements for substance abuse
treatment drugs set forth in Section 45.2 of the Managed Care
Reform and Patient Rights Act.
(e) This Section shall be interpreted in a manner
consistent with all applicable federal parity regulations
including, but not limited to, the Paul Wellstone and Pete
Domenici Mental Health Parity and Addiction Equity Act of
2008, final regulations issued under the Paul Wellstone and

Pete Domenici Mental Health Parity and Addiction Equity Act of
2008 and final regulations applying the Paul Wellstone and
Pete Domenici Mental Health Parity and Addiction Equity Act of
2008 to Medicaid managed care organizations, the Children's
Health Insurance Program, and alternative benefit plans.
(f) The provisions of subsections (b) and (c) of this
Section shall not be interpreted to allow the use of lifetime
or annual limits otherwise prohibited by State or federal law.
(g) As used in this Section:
"Financial requirement" includes deductibles, copayments,
coinsurance, and out-of-pocket maximums, but does not include
an aggregate lifetime limit or an annual limit subject to
subsections (b) and (c).
"Mental, emotional, nervous, or substance use disorder or
condition" means a condition or disorder that involves a
mental health condition or substance use disorder that falls
under any of the diagnostic categories listed in the mental
and behavioral disorders chapter of the current edition of the
International Classification of Disease or that is listed in
the most recent version of the Diagnostic and Statistical
Manual of Mental Disorders.
"Treatment limitation" includes limits on benefits based
on the frequency of treatment, number of visits, days of
coverage, days in a waiting period, or other similar limits on
the scope or duration of treatment. "Treatment limitation"
includes both quantitative treatment limitations, which are

expressed numerically (such as 50 outpatient visits per year),
and nonquantitative treatment limitations, which otherwise
limit the scope or duration of treatment. A permanent
exclusion of all benefits for a particular condition or
disorder shall not be considered a treatment limitation.
"Nonquantitative treatment" means those limitations as
described under federal regulations (26 CFR 54.9812-1).
"Nonquantitative treatment limitations" include, but are not
limited to, those limitations described under federal
regulations 26 CFR 54.9812-1, 29 CFR 2590.712, and 45 CFR
146.136.
(h) The Department of Insurance shall implement the
following education initiatives:
(1) By January 1, 2016, the Department shall develop a
plan for a Consumer Education Campaign on parity. The
Consumer Education Campaign shall focus its efforts
throughout the State and include trainings in the
northern, southern, and central regions of the State, as
defined by the Department, as well as each of the 5 managed
care regions of the State as identified by the Department
of Healthcare and Family Services. Under this Consumer
Education Campaign, the Department shall: (1) by January
1, 2017, provide at least one live training in each region
on parity for consumers and providers and one webinar
training to be posted on the Department website and (2)
establish a consumer hotline to assist consumers in

navigating the parity process by March 1, 2017. By January
1, 2018 the Department shall issue a report to the General
Assembly on the success of the Consumer Education
Campaign, which shall indicate whether additional training
is necessary or would be recommended.
(2) The Department, in coordination with the
Department of Human Services and the Department of
Healthcare and Family Services, shall convene a working
group of health care insurance carriers, mental health
advocacy groups, substance abuse patient advocacy groups,
and mental health physician groups for the purpose of
discussing issues related to the treatment and coverage of
mental, emotional, nervous, or substance use disorders or
conditions and compliance with parity obligations under
State and federal law. Compliance shall be measured,
tracked, and shared during the meetings of the working
group. The working group shall meet once before January 1,
2016 and shall meet semiannually thereafter. The
Department shall issue an annual report to the General
Assembly that includes a list of the health care insurance
carriers, mental health advocacy groups, substance abuse
patient advocacy groups, and mental health physician
groups that participated in the working group meetings,
details on the issues and topics covered, and any
legislative recommendations developed by the working
group.

(3) Not later than January 1 of each year, the
Department, in conjunction with the Department of
Healthcare and Family Services, shall issue a joint report
to the General Assembly and provide an educational
presentation to the General Assembly. The report and
presentation shall:
(A) Cover the methodology the Departments use to
check for compliance with the federal Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction
Equity Act of 2008, 42 U.S.C. 18031(j), and any
federal regulations or guidance relating to the
compliance and oversight of the federal Paul Wellstone
and Pete Domenici Mental Health Parity and Addiction
Equity Act of 2008 and 42 U.S.C. 18031(j).
(B) Cover the methodology the Departments use to
check for compliance with this Section and Sections
356z.23 and 370c of this Code.
(C) Identify market conduct examinations or, in
the case of the Department of Healthcare and Family
Services, audits conducted or completed during the
preceding 12-month period regarding compliance with
parity in mental, emotional, nervous, and substance
use disorder or condition benefits under State and
federal laws and summarize the results of such market
conduct examinations and audits. This shall include:
(i) the number of market conduct examinations

and audits initiated and completed;
(ii) the benefit classifications examined by
each market conduct examination and audit;
(iii) the subject matter of each market
conduct examination and audit, including
quantitative and nonquantitative treatment
limitations; and
(iv) a summary of the basis for the final
decision rendered in each market conduct
examination and audit.
Individually identifiable information shall be
excluded from the reports consistent with federal
privacy protections.
(D) Detail any educational or corrective actions
the Departments have taken to ensure compliance with
the federal Paul Wellstone and Pete Domenici Mental
Health Parity and Addiction Equity Act of 2008, 42
U.S.C. 18031(j), this Section, and Sections 356z.23
and 370c of this Code.
(E) The report must be written in non-technical,
readily understandable language and shall be made
available to the public by, among such other means as
the Departments find appropriate, posting the report
on the Departments' websites.
(i) The Parity Advancement Fund is created as a special
fund in the State treasury. Moneys from fines and penalties

collected from insurers for violations of this Section shall
be deposited into the Fund. Moneys deposited into the Fund for
appropriation by the General Assembly to the Department shall
be used for the purpose of providing financial support of the
Consumer Education Campaign, parity compliance advocacy, and
other initiatives that support parity implementation and
enforcement on behalf of consumers.
(j) The Department of Insurance and the Department of
Healthcare and Family Services shall convene and provide
technical support to a workgroup of 11 members that shall be
comprised of 3 mental health parity experts recommended by an
organization advocating on behalf of mental health parity
appointed by the President of the Senate; 3 behavioral health
providers recommended by an organization that represents
behavioral health providers appointed by the Speaker of the
House of Representatives; 2 representing Medicaid managed care
organizations recommended by an organization that represents
Medicaid managed care plans appointed by the Minority Leader
of the House of Representatives; 2 representing commercial
insurers recommended by an organization that represents
insurers appointed by the Minority Leader of the Senate; and a
representative of an organization that represents Medicaid
managed care plans appointed by the Governor.
The workgroup shall provide recommendations to the General
Assembly on health plan data reporting requirements that
separately break out data on mental, emotional, nervous, or

substance use disorder or condition benefits and data on other
medical benefits, including physical health and related health
services no later than December 31, 2019. The recommendations
to the General Assembly shall be filed with the Clerk of the
House of Representatives and the Secretary of the Senate in
electronic form only, in the manner that the Clerk and the
Secretary shall direct. This workgroup shall take into account
federal requirements and recommendations on mental health
parity reporting for the Medicaid program. This workgroup
shall also develop the format and provide any needed
definitions for reporting requirements in subsection (k). The
research and evaluation of the working group shall include,
but not be limited to:
(1) claims denials due to benefit limits, if
applicable;
(2) administrative denials for no prior authorization;
(3) denials due to not meeting medical necessity;
(4) denials that went to external review and whether
they were upheld or overturned for medical necessity;
(5) out-of-network claims;
(6) emergency care claims;
(7) network directory providers in the outpatient
benefits classification who filed no claims in the last 6
months, if applicable;
(8) the impact of existing and pertinent limitations
and restrictions related to approved services, licensed

providers, reimbursement levels, and reimbursement
methodologies within the Division of Mental Health, the
Division of Substance Use Prevention and Recovery
programs, the Department of Healthcare and Family
Services, and, to the extent possible, federal regulations
and law; and
(9) when reporting and publishing should begin.
Representatives from the Department of Healthcare and
Family Services, representatives from the Division of Mental
Health, and representatives from the Division of Substance Use
Prevention and Recovery shall provide technical advice to the
workgroup.
(k) An insurer that amends, delivers, issues, or renews a
group or individual policy of accident and health insurance or
a qualified health plan offered through the health insurance
marketplace in this State providing coverage for hospital or
medical treatment and for the treatment of mental, emotional,
nervous, or substance use disorders or conditions shall submit
an annual report, the format and definitions for which will be
developed by the workgroup in subsection (j), to the
Department, or, with respect to medical assistance, the
Department of Healthcare and Family Services starting on or
before July 1, 2020 that contains the following information
separately for inpatient in-network benefits, inpatient
out-of-network benefits, outpatient in-network benefits,
outpatient out-of-network benefits, emergency care benefits,

and prescription drug benefits in the case of accident and
health insurance or qualified health plans, or inpatient,
outpatient, emergency care, and prescription drug benefits in
the case of medical assistance:
(1) A summary of the plan's pharmacy management
processes for mental, emotional, nervous, or substance use
disorder or condition benefits compared to those for other
medical benefits.
(2) A summary of the internal processes of review for
experimental benefits and unproven technology for mental,
emotional, nervous, or substance use disorder or condition
benefits and those for other medical benefits.
(3) A summary of how the plan's policies and
procedures for utilization management for mental,
emotional, nervous, or substance use disorder or condition
benefits compare to those for other medical benefits.
(4) A description of the process used to develop or
select the medical necessity criteria for mental,
emotional, nervous, or substance use disorder or condition
benefits and the process used to develop or select the
medical necessity criteria for medical and surgical
benefits.
(5) Identification of all nonquantitative treatment
limitations that are applied to both mental, emotional,
nervous, or substance use disorder or condition benefits
and medical and surgical benefits within each

classification of benefits.
(6) The results of an analysis that demonstrates that
for the medical necessity criteria described in
subparagraph (A) and for each nonquantitative treatment
limitation identified in subparagraph (B), as written and
in operation, the processes, strategies, evidentiary
standards, or other factors used in applying the medical
necessity criteria and each nonquantitative treatment
limitation to mental, emotional, nervous, or substance use
disorder or condition benefits within each classification
of benefits are comparable to, and are applied no more
stringently than, the processes, strategies, evidentiary
standards, or other factors used in applying the medical
necessity criteria and each nonquantitative treatment
limitation to medical and surgical benefits within the
corresponding classification of benefits; at a minimum,
the results of the analysis shall:
(A) identify the factors used to determine that a
nonquantitative treatment limitation applies to a
benefit, including factors that were considered but
rejected;
(B) identify and define the specific evidentiary
standards used to define the factors and any other
evidence relied upon in designing each nonquantitative
treatment limitation;
(C) provide the comparative analyses, including

the results of the analyses, performed to determine
that the processes and strategies used to design each
nonquantitative treatment limitation, as written, for
mental, emotional, nervous, or substance use disorder
or condition benefits are comparable to, and are
applied no more stringently than, the processes and
strategies used to design each nonquantitative
treatment limitation, as written, for medical and
surgical benefits;
(D) provide the comparative analyses, including
the results of the analyses, performed to determine
that the processes and strategies used to apply each
nonquantitative treatment limitation, in operation,
for mental, emotional, nervous, or substance use
disorder or condition benefits are comparable to, and
applied no more stringently than, the processes or
strategies used to apply each nonquantitative
treatment limitation, in operation, for medical and
surgical benefits; and
(E) disclose the specific findings and conclusions
reached by the insurer that the results of the
analyses described in subparagraphs (C) and (D)
indicate that the insurer is in compliance with this
Section and the Mental Health Parity and Addiction
Equity Act of 2008 and its implementing regulations,
which includes 42 CFR Parts 438, 440, and 457 and 45

CFR 146.136 and any other related federal regulations
found in the Code of Federal Regulations.
(7) Any other information necessary to clarify data
provided in accordance with this Section requested by the
Director, including information that may be proprietary or
have commercial value, under the requirements of Section
30 of the Viatical Settlements Act of 2009.
(l) An insurer that amends, delivers, issues, or renews a
group or individual policy of accident and health insurance or
a qualified health plan offered through the health insurance
marketplace in this State providing coverage for hospital or
medical treatment and for the treatment of mental, emotional,
nervous, or substance use disorders or conditions on or after
January 1, 2019 (the effective date of Public Act 100-1024)
this amendatory Act of the 100th General Assembly shall, in
advance of the plan year, make available to the Department or,
with respect to medical assistance, the Department of
Healthcare and Family Services and to all plan participants
and beneficiaries the information required in subparagraphs
(C) through (E) of paragraph (6) of subsection (k). For plan
participants and medical assistance beneficiaries, the
information required in subparagraphs (C) through (E) of
paragraph (6) of subsection (k) shall be made available on a
publicly-available website whose web address is prominently
displayed in plan and managed care organization informational
and marketing materials.

(m) In conjunction with its compliance examination program
conducted in accordance with the Illinois State Auditing Act,
the Auditor General shall undertake a review of compliance by
the Department and the Department of Healthcare and Family
Services with Section 370c and this Section. Any findings
resulting from the review conducted under this Section shall
be included in the applicable State agency's compliance
examination report. Each compliance examination report shall
be issued in accordance with Section 3-14 of the Illinois
State Auditing Act. A copy of each report shall also be
delivered to the head of the applicable State agency and
posted on the Auditor General's website.
(Source: P.A. 102-135, eff. 7-23-21; 102-579, eff. 8-25-21;
revised 10-15-21.)
Section 430. The Network Adequacy and Transparency Act is
amended by changing Section 5 as follows:
(215 ILCS 124/5)
Sec. 5. Definitions. In this Act:
"Authorized representative" means a person to whom a
beneficiary has given express written consent to represent the
beneficiary; a person authorized by law to provide substituted
consent for a beneficiary; or the beneficiary's treating
provider only when the beneficiary or his or her family member
is unable to provide consent.

"Beneficiary" means an individual, an enrollee, an
insured, a participant, or any other person entitled to
reimbursement for covered expenses of or the discounting of
provider fees for health care services under a program in
which the beneficiary has an incentive to utilize the services
of a provider that has entered into an agreement or
arrangement with an insurer.
"Department" means the Department of Insurance.
"Director" means the Director of Insurance.
"Family caregiver" means a relative, partner, friend, or
neighbor who has a significant relationship with the patient
and administers or assists the patient them with activities of
daily living, instrumental activities of daily living, or
other medical or nursing tasks for the quality and welfare of
that patient.
"Insurer" means any entity that offers individual or group
accident and health insurance, including, but not limited to,
health maintenance organizations, preferred provider
organizations, exclusive provider organizations, and other
plan structures requiring network participation, excluding the
medical assistance program under the Illinois Public Aid Code,
the State employees group health insurance program, workers
compensation insurance, and pharmacy benefit managers.
"Material change" means a significant reduction in the
number of providers available in a network plan, including,
but not limited to, a reduction of 10% or more in a specific

type of providers, the removal of a major health system that
causes a network to be significantly different from the
network when the beneficiary purchased the network plan, or
any change that would cause the network to no longer satisfy
the requirements of this Act or the Department's rules for
network adequacy and transparency.
"Network" means the group or groups of preferred providers
providing services to a network plan.
"Network plan" means an individual or group policy of
accident and health insurance that either requires a covered
person to use or creates incentives, including financial
incentives, for a covered person to use providers managed,
owned, under contract with, or employed by the insurer.
"Ongoing course of treatment" means (1) treatment for a
life-threatening condition, which is a disease or condition
for which likelihood of death is probable unless the course of
the disease or condition is interrupted; (2) treatment for a
serious acute condition, defined as a disease or condition
requiring complex ongoing care that the covered person is
currently receiving, such as chemotherapy, radiation therapy,
or post-operative visits; (3) a course of treatment for a
health condition that a treating provider attests that
discontinuing care by that provider would worsen the condition
or interfere with anticipated outcomes; or (4) the third
trimester of pregnancy through the post-partum period.
"Preferred provider" means any provider who has entered,

either directly or indirectly, into an agreement with an
employer or risk-bearing entity relating to health care
services that may be rendered to beneficiaries under a network
plan.
"Providers" means physicians licensed to practice medicine
in all its branches, other health care professionals,
hospitals, or other health care institutions that provide
health care services.
"Telehealth" has the meaning given to that term in Section
356z.22 of the Illinois Insurance Code.
"Telemedicine" has the meaning given to that term in
Section 49.5 of the Medical Practice Act of 1987.
"Tiered network" means a network that identifies and
groups some or all types of provider and facilities into
specific groups to which different provider reimbursement,
covered person cost-sharing or provider access requirements,
or any combination thereof, apply for the same services.
"Woman's principal health care provider" means a physician
licensed to practice medicine in all of its branches
specializing in obstetrics, gynecology, or family practice.
(Source: P.A. 102-92, eff. 7-9-21; revised 10-5-21.)
Section 435. The Health Maintenance Organization Act is
amended by changing Section 5-3 as follows:
(215 ILCS 125/5-3) (from Ch. 111 1/2, par. 1411.2)

Sec. 5-3. Insurance Code provisions.
(a) Health Maintenance Organizations shall be subject to
the provisions of Sections 133, 134, 136, 137, 139, 140,
141.1, 141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153,
154, 154.5, 154.6, 154.7, 154.8, 155.04, 155.22a, 355.2,
355.3, 355b, 356g.5-1, 356m, 356q, 356v, 356w, 356x, 356y,
356z.2, 356z.4, 356z.4a, 356z.5, 356z.6, 356z.8, 356z.9,
356z.10, 356z.11, 356z.12, 356z.13, 356z.14, 356z.15, 356z.17,
356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26, 356z.29,
356z.30, 356z.30a, 356z.32, 356z.33, 356z.35, 356z.36,
356z.40, 356z.41, 356z.43, 356z.46, 356z.47, 356z.48, 356z.50,
356z.51, 364, 364.01, 367.2, 367.2-5, 367i, 368a, 368b, 368c,
368d, 368e, 370c, 370c.1, 401, 401.1, 402, 403, 403A, 408,
408.2, 409, 412, 444, and 444.1, paragraph (c) of subsection
(2) of Section 367, and Articles IIA, VIII 1/2, XII, XII 1/2,
XIII, XIII 1/2, XXV, XXVI, and XXXIIB of the Illinois
Insurance Code.
(b) For purposes of the Illinois Insurance Code, except
for Sections 444 and 444.1 and Articles XIII and XIII 1/2,
Health Maintenance Organizations in the following categories
are deemed to be "domestic companies":
(1) a corporation authorized under the Dental Service
Plan Act or the Voluntary Health Services Plans Act;
(2) a corporation organized under the laws of this
State; or
(3) a corporation organized under the laws of another

state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a "domestic company" under Article VIII
1/2 of the Illinois Insurance Code.
(c) In considering the merger, consolidation, or other
acquisition of control of a Health Maintenance Organization
pursuant to Article VIII 1/2 of the Illinois Insurance Code,
(1) the Director shall give primary consideration to
the continuation of benefits to enrollees and the
financial conditions of the acquired Health Maintenance
Organization after the merger, consolidation, or other
acquisition of control takes effect;
(2)(i) the criteria specified in subsection (1)(b) of
Section 131.8 of the Illinois Insurance Code shall not
apply and (ii) the Director, in making his determination
with respect to the merger, consolidation, or other
acquisition of control, need not take into account the
effect on competition of the merger, consolidation, or
other acquisition of control;
(3) the Director shall have the power to require the
following information:
(A) certification by an independent actuary of the
adequacy of the reserves of the Health Maintenance
Organization sought to be acquired;
(B) pro forma financial statements reflecting the

combined balance sheets of the acquiring company and
the Health Maintenance Organization sought to be
acquired as of the end of the preceding year and as of
a date 90 days prior to the acquisition, as well as pro
forma financial statements reflecting projected
combined operation for a period of 2 years;
(C) a pro forma business plan detailing an
acquiring party's plans with respect to the operation
of the Health Maintenance Organization sought to be
acquired for a period of not less than 3 years; and
(D) such other information as the Director shall
require.
(d) The provisions of Article VIII 1/2 of the Illinois
Insurance Code and this Section 5-3 shall apply to the sale by
any health maintenance organization of greater than 10% of its
enrollee population (including without limitation the health
maintenance organization's right, title, and interest in and
to its health care certificates).
(e) In considering any management contract or service
agreement subject to Section 141.1 of the Illinois Insurance
Code, the Director (i) shall, in addition to the criteria
specified in Section 141.2 of the Illinois Insurance Code,
take into account the effect of the management contract or
service agreement on the continuation of benefits to enrollees
and the financial condition of the health maintenance
organization to be managed or serviced, and (ii) need not take

into account the effect of the management contract or service
agreement on competition.
(f) Except for small employer groups as defined in the
Small Employer Rating, Renewability and Portability Health
Insurance Act and except for medicare supplement policies as
defined in Section 363 of the Illinois Insurance Code, a
Health Maintenance Organization may by contract agree with a
group or other enrollment unit to effect refunds or charge
additional premiums under the following terms and conditions:
(i) the amount of, and other terms and conditions with
respect to, the refund or additional premium are set forth
in the group or enrollment unit contract agreed in advance
of the period for which a refund is to be paid or
additional premium is to be charged (which period shall
not be less than one year); and
(ii) the amount of the refund or additional premium
shall not exceed 20% of the Health Maintenance
Organization's profitable or unprofitable experience with
respect to the group or other enrollment unit for the
period (and, for purposes of a refund or additional
premium, the profitable or unprofitable experience shall
be calculated taking into account a pro rata share of the
Health Maintenance Organization's administrative and
marketing expenses, but shall not include any refund to be
made or additional premium to be paid pursuant to this
subsection (f)). The Health Maintenance Organization and

the group or enrollment unit may agree that the profitable
or unprofitable experience may be calculated taking into
account the refund period and the immediately preceding 2
plan years.
The Health Maintenance Organization shall include a
statement in the evidence of coverage issued to each enrollee
describing the possibility of a refund or additional premium,
and upon request of any group or enrollment unit, provide to
the group or enrollment unit a description of the method used
to calculate (1) the Health Maintenance Organization's
profitable experience with respect to the group or enrollment
unit and the resulting refund to the group or enrollment unit
or (2) the Health Maintenance Organization's unprofitable
experience with respect to the group or enrollment unit and
the resulting additional premium to be paid by the group or
enrollment unit.
In no event shall the Illinois Health Maintenance
Organization Guaranty Association be liable to pay any
contractual obligation of an insolvent organization to pay any
refund authorized under this Section.
(g) Rulemaking authority to implement Public Act 95-1045,
if any, is conditioned on the rules being adopted in
accordance with all provisions of the Illinois Administrative
Procedure Act and all rules and procedures of the Joint
Committee on Administrative Rules; any purported rule not so
adopted, for whatever reason, is unauthorized.

(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-393, eff.
1-1-20; 101-452, eff. 1-1-20; 101-461, eff. 1-1-20; 101-625,
eff. 1-1-21; 102-30, eff. 1-1-22; 102-34, eff. 6-25-21;
102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-443, eff.
1-1-22; 102-589, eff. 1-1-22; 102-642, eff. 1-1-22; 102-665,
eff. 10-8-21; revised 10-27-21.)
Section 440. The Limited Health Service Organization Act
is amended by changing Section 4003 as follows:
(215 ILCS 130/4003) (from Ch. 73, par. 1504-3)
Sec. 4003. Illinois Insurance Code provisions. Limited
health service organizations shall be subject to the
provisions of Sections 133, 134, 136, 137, 139, 140, 141.1,
141.2, 141.3, 143, 143c, 147, 148, 149, 151, 152, 153, 154,
154.5, 154.6, 154.7, 154.8, 155.04, 155.37, 355.2, 355.3,
355b, 356q, 356v, 356z.10, 356z.21, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30a, 356z.32, 356z.33, 356z.41, 356z.46,
356z.47, 356z.51, 356z.43, 368a, 401, 401.1, 402, 403, 403A,
408, 408.2, 409, 412, 444, and 444.1 and Articles IIA, VIII
1/2, XII, XII 1/2, XIII, XIII 1/2, XXV, and XXVI of the
Illinois Insurance Code. For purposes of the Illinois
Insurance Code, except for Sections 444 and 444.1 and Articles
XIII and XIII 1/2, limited health service organizations in the
following categories are deemed to be domestic companies:

(1) a corporation under the laws of this State; or
(2) a corporation organized under the laws of another
state, 30% or more of the enrollees of which are residents
of this State, except a corporation subject to
substantially the same requirements in its state of
organization as is a domestic company under Article VIII
1/2 of the Illinois Insurance Code.
(Source: P.A. 101-81, eff. 7-12-19; 101-281, eff. 1-1-20;
101-393, eff. 1-1-20; 101-625, eff. 1-1-21; 102-30, eff.
1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22; 102-642,
eff. 1-1-22; revised 10-27-21.)
Section 445. The Voluntary Health Services Plans Act is
amended by changing Section 10 as follows:
(215 ILCS 165/10) (from Ch. 32, par. 604)
Sec. 10. Application of Insurance Code provisions. Health
services plan corporations and all persons interested therein
or dealing therewith shall be subject to the provisions of
Articles IIA and XII 1/2 and Sections 3.1, 133, 136, 139, 140,
143, 143c, 149, 155.22a, 155.37, 354, 355.2, 355.3, 355b,
356g, 356g.5, 356g.5-1, 356q, 356r, 356t, 356u, 356v, 356w,
356x, 356y, 356z.1, 356z.2, 356z.4, 356z.4a, 356z.5, 356z.6,
356z.8, 356z.9, 356z.10, 356z.11, 356z.12, 356z.13, 356z.14,
356z.15, 356z.18, 356z.19, 356z.21, 356z.22, 356z.25, 356z.26,
356z.29, 356z.30, 356z.30a, 356z.32, 356z.33, 356z.40,

356z.41, 356z.46, 356z.47, 356z.51, 356z.43, 364.01, 367.2,
368a, 401, 401.1, 402, 403, 403A, 408, 408.2, and 412, and
paragraphs (7) and (15) of Section 367 of the Illinois
Insurance Code.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
101-281, eff. 1-1-20; 101-393, eff. 1-1-20; 101-625, eff.
1-1-21; 102-30, eff. 1-1-22; 102-203, eff. 1-1-22; 102-306,
eff. 1-1-22; 102-642, eff. 1-1-22; 102-665, eff. 10-8-21;
revised 10-27-21.)
Section 450. The Public Utilities Act is amended by
changing Section 8-406 as follows:
(220 ILCS 5/8-406) (from Ch. 111 2/3, par. 8-406)
Sec. 8-406. Certificate of public convenience and
necessity.
(a) No public utility not owning any city or village
franchise nor engaged in performing any public service or in
furnishing any product or commodity within this State as of
July 1, 1921 and not possessing a certificate of public

convenience and necessity from the Illinois Commerce
Commission, the State Public Utilities Commission, or the
Public Utilities Commission, at the time Public Act 84-617
this amendatory Act of 1985 goes into effect (January 1,
1986), shall transact any business in this State until it
shall have obtained a certificate from the Commission that
public convenience and necessity require the transaction of
such business. A certificate of public convenience and
necessity requiring the transaction of public utility business
in any area of this State shall include authorization to the
public utility receiving the certificate of public convenience
and necessity to construct such plant, equipment, property, or
facility as is provided for under the terms and conditions of
its tariff and as is necessary to provide utility service and
carry out the transaction of public utility business by the
public utility in the designated area.
(b) No public utility shall begin the construction of any
new plant, equipment, property, or facility which is not in
substitution of any existing plant, equipment, property, or
facility, or any extension or alteration thereof or in
addition thereto, unless and until it shall have obtained from
the Commission a certificate that public convenience and
necessity require such construction. Whenever after a hearing
the Commission determines that any new construction or the
transaction of any business by a public utility will promote
the public convenience and is necessary thereto, it shall have

the power to issue certificates of public convenience and
necessity. The Commission shall determine that proposed
construction will promote the public convenience and necessity
only if the utility demonstrates: (1) that the proposed
construction is necessary to provide adequate, reliable, and
efficient service to its customers and is the least-cost means
of satisfying the service needs of its customers or that the
proposed construction will promote the development of an
effectively competitive electricity market that operates
efficiently, is equitable to all customers, and is the least
cost means of satisfying those objectives; (2) that the
utility is capable of efficiently managing and supervising the
construction process and has taken sufficient action to ensure
adequate and efficient construction and supervision thereof;
and (3) that the utility is capable of financing the proposed
construction without significant adverse financial
consequences for the utility or its customers.
(b-5) As used in this subsection (b-5):
"Qualifying direct current applicant" means an entity that
seeks to provide direct current bulk transmission service for
the purpose of transporting electric energy in interstate
commerce.
"Qualifying direct current project" means a high voltage
direct current electric service line that crosses at least one
Illinois border, the Illinois portion of which is physically
located within the region of the Midcontinent Independent

System Operator, Inc., or its successor organization, and runs
through the counties of Pike, Scott, Greene, Macoupin,
Montgomery, Christian, Shelby, Cumberland, and Clark, is
capable of transmitting electricity at voltages of 345
kilovolts 345kv or above, and may also include associated
interconnected alternating current interconnection facilities
in this State that are part of the proposed project and
reasonably necessary to connect the project with other
portions of the grid.
Notwithstanding any other provision of this Act, a
qualifying direct current applicant that does not own,
control, operate, or manage, within this State, any plant,
equipment, or property used or to be used for the transmission
of electricity at the time of its application or of the
Commission's order may file an application on or before
December 31, 2023 with the Commission pursuant to this Section
or Section 8-406.1 for, and the Commission may grant, a
certificate of public convenience and necessity to construct,
operate, and maintain a qualifying direct current project. The
qualifying direct current applicant may also include in the
application requests for authority under Section 8-503. The
Commission shall grant the application for a certificate of
public convenience and necessity and requests for authority
under Section 8-503 if it finds that the qualifying direct
current applicant and the proposed qualifying direct current
project satisfy the requirements of this subsection and

otherwise satisfy the criteria of this Section or Section
8-406.1 and the criteria of Section 8-503, as applicable to
the application and to the extent such criteria are not
superseded by the provisions of this subsection. The
Commission's order on the application for the certificate of
public convenience and necessity shall also include the
Commission's findings and determinations on the request or
requests for authority pursuant to Section 8-503. Prior to
filing its application under either this Section or Section
8-406.1, the qualifying direct current applicant shall conduct
3 public meetings in accordance with subsection (h) of this
Section. If the qualifying direct current applicant
demonstrates in its application that the proposed qualifying
direct current project is designed to deliver electricity to a
point or points on the electric transmission grid in either or
both the PJM Interconnection, LLC or the Midcontinent
Independent System Operator, Inc., or their respective
successor organizations, the proposed qualifying direct
current project shall be deemed to be, and the Commission
shall find it to be, for public use. If the qualifying direct
current applicant further demonstrates in its application that
the proposed transmission project has a capacity of 1,000
megawatts or larger and a voltage level of 345 kilovolts or
greater, the proposed transmission project shall be deemed to
satisfy, and the Commission shall find that it satisfies, the
criteria stated in item (1) of subsection (b) of this Section

or in paragraph (1) of subsection (f) of Section 8-406.1, as
applicable to the application, without the taking of
additional evidence on these criteria. Prior to the transfer
of functional control of any transmission assets to a regional
transmission organization, a qualifying direct current
applicant shall request Commission approval to join a regional
transmission organization in an application filed pursuant to
this subsection (b-5) or separately pursuant to Section 7-102
of this Act. The Commission may grant permission to a
qualifying direct current applicant to join a regional
transmission organization if it finds that the membership, and
associated transfer of functional control of transmission
assets, benefits Illinois customers in light of the attendant
costs and is otherwise in the public interest. Nothing in this
subsection (b-5) requires a qualifying direct current
applicant to join a regional transmission organization.
Nothing in this subsection (b-5) requires the owner or
operator of a high voltage direct current transmission line
that is not a qualifying direct current project to obtain a
certificate of public convenience and necessity to the extent
it is not otherwise required by this Section 8-406 or any other
provision of this Act.
(c) After September 11, 1987 (the effective date of Public
Act 85-377) this amendatory Act of 1987, no construction shall
commence on any new nuclear power plant to be located within
this State, and no certificate of public convenience and

necessity or other authorization shall be issued therefor by
the Commission, until the Director of the Illinois
Environmental Protection Agency finds that the United States
Government, through its authorized agency, has identified and
approved a demonstrable technology or means for the disposal
of high level nuclear waste, or until such construction has
been specifically approved by a statute enacted by the General
Assembly.
As used in this Section, "high level nuclear waste" means
those aqueous wastes resulting from the operation of the first
cycle of the solvent extraction system or equivalent and the
concentrated wastes of the subsequent extraction cycles or
equivalent in a facility for reprocessing irradiated reactor
fuel and shall include spent fuel assemblies prior to fuel
reprocessing.
(d) In making its determination under subsection (b) of
this Section, the Commission shall attach primary weight to
the cost or cost savings to the customers of the utility. The
Commission may consider any or all factors which will or may
affect such cost or cost savings, including the public
utility's engineering judgment regarding the materials used
for construction.
(e) The Commission may issue a temporary certificate which
shall remain in force not to exceed one year in cases of
emergency, to assure maintenance of adequate service or to
serve particular customers, without notice or hearing, pending

the determination of an application for a certificate, and may
by regulation exempt from the requirements of this Section
temporary acts or operations for which the issuance of a
certificate will not be required in the public interest.
A public utility shall not be required to obtain but may
apply for and obtain a certificate of public convenience and
necessity pursuant to this Section with respect to any matter
as to which it has received the authorization or order of the
Commission under the Electric Supplier Act, and any such
authorization or order granted a public utility by the
Commission under that Act shall as between public utilities be
deemed to be, and shall have except as provided in that Act the
same force and effect as, a certificate of public convenience
and necessity issued pursuant to this Section.
No electric cooperative shall be made or shall become a
party to or shall be entitled to be heard or to otherwise
appear or participate in any proceeding initiated under this
Section for authorization of power plant construction and as
to matters as to which a remedy is available under the Electric
Supplier Act.
(f) Such certificates may be altered or modified by the
Commission, upon its own motion or upon application by the
person or corporation affected. Unless exercised within a
period of 2 years from the grant thereof, authority conferred
by a certificate of convenience and necessity issued by the
Commission shall be null and void.

No certificate of public convenience and necessity shall
be construed as granting a monopoly or an exclusive privilege,
immunity or franchise.
(g) A public utility that undertakes any of the actions
described in items (1) through (3) of this subsection (g) or
that has obtained approval pursuant to Section 8-406.1 of this
Act shall not be required to comply with the requirements of
this Section to the extent such requirements otherwise would
apply. For purposes of this Section and Section 8-406.1 of
this Act, "high voltage electric service line" means an
electric line having a design voltage of 100,000 or more. For
purposes of this subsection (g), a public utility may do any of
the following:
(1) replace or upgrade any existing high voltage
electric service line and related facilities,
notwithstanding its length;
(2) relocate any existing high voltage electric
service line and related facilities, notwithstanding its
length, to accommodate construction or expansion of a
roadway or other transportation infrastructure; or
(3) construct a high voltage electric service line and
related facilities that is constructed solely to serve a
single customer's premises or to provide a generator
interconnection to the public utility's transmission
system and that will pass under or over the premises owned
by the customer or generator to be served or under or over

premises for which the customer or generator has secured
the necessary right of way.
(h) A public utility seeking to construct a high-voltage
electric service line and related facilities (Project) must
show that the utility has held a minimum of 2 pre-filing public
meetings to receive public comment concerning the Project in
each county where the Project is to be located, no earlier than
6 months prior to filing an application for a certificate of
public convenience and necessity from the Commission. Notice
of the public meeting shall be published in a newspaper of
general circulation within the affected county once a week for
3 consecutive weeks, beginning no earlier than one month prior
to the first public meeting. If the Project traverses 2
contiguous counties and where in one county the transmission
line mileage and number of landowners over whose property the
proposed route traverses is one-fifth or less of the
transmission line mileage and number of such landowners of the
other county, then the utility may combine the 2 pre-filing
meetings in the county with the greater transmission line
mileage and affected landowners. All other requirements
regarding pre-filing meetings shall apply in both counties.
Notice of the public meeting, including a description of the
Project, must be provided in writing to the clerk of each
county where the Project is to be located. A representative of
the Commission shall be invited to each pre-filing public
meeting.

(i) For applications filed after August 18, 2015 (the
effective date of Public Act 99-399) this amendatory Act of
the 99th General Assembly, the Commission shall by registered
mail notify each owner of record of land, as identified in the
records of the relevant county tax assessor, included in the
right-of-way over which the utility seeks in its application
to construct a high-voltage electric line of the time and
place scheduled for the initial hearing on the public
utility's application. The utility shall reimburse the
Commission for the cost of the postage and supplies incurred
for mailing the notice.
(Source: P.A. 102-609, eff. 8-27-21; 102-662, eff. 9-15-21;
revised 10-21-21.)
Section 455. The Health Care Worker Background Check Act
is amended by changing Section 15 as follows:
(225 ILCS 46/15)
Sec. 15. Definitions. In this Act:
"Applicant" means an individual enrolling in a training
program, seeking employment, whether paid or on a volunteer
basis, with a health care employer who has received a bona fide
conditional offer of employment.
"Conditional offer of employment" means a bona fide offer
of employment by a health care employer to an applicant, which
is contingent upon the receipt of a report from the Department

of Public Health indicating that the applicant does not have a
record of conviction of any of the criminal offenses
enumerated in Section 25.
"Department" means the Department of Public Health.
"Direct care" means the provision of nursing care or
assistance with feeding, dressing, movement, bathing,
toileting, or other personal needs, including home services as
defined in the Home Health, Home Services, and Home Nursing
Agency Licensing Act. The entity responsible for inspecting
and licensing, certifying, or registering the health care
employer may, by administrative rule, prescribe guidelines for
interpreting this definition with regard to the health care
employers that it licenses.
"Director" means the Director of Public Health.
"Disqualifying offenses" means those offenses set forth in
Section 25 of this Act.
"Employee" means any individual hired, employed, or
retained, whether paid or on a volunteer basis, to which this
Act applies.
"Finding" means the Department's determination of whether
an allegation is verified and substantiated.
"Fingerprint-based criminal history records check" means a
livescan fingerprint-based criminal history records check
submitted as a fee applicant inquiry in the form and manner
prescribed by the Illinois State Police.
"Health care employer" means:

(1) the owner or licensee of any of the following:
(i) a community living facility, as defined in the
Community Living Facilities Licensing Act;
(ii) a life care facility, as defined in the Life
Care Facilities Act;
(iii) a long-term care facility;
(iv) a home health agency, home services agency,
or home nursing agency as defined in the Home Health,
Home Services, and Home Nursing Agency Licensing Act;
(v) a hospice care program or volunteer hospice
program, as defined in the Hospice Program Licensing
Act;
(vi) a hospital, as defined in the Hospital
Licensing Act;
(vii) (blank);
(viii) a nurse agency, as defined in the Nurse
Agency Licensing Act;
(ix) a respite care provider, as defined in the
Respite Program Act;
(ix-a) an establishment licensed under the
Assisted Living and Shared Housing Act;
(x) a supportive living program, as defined in the
Illinois Public Aid Code;
(xi) early childhood intervention programs as
described in 59 Ill. Adm. Code 121;
(xii) the University of Illinois Hospital,

Chicago;
(xiii) programs funded by the Department on Aging
through the Community Care Program;
(xiv) programs certified to participate in the
Supportive Living Program authorized pursuant to
Section 5-5.01a of the Illinois Public Aid Code;
(xv) programs listed by the Emergency Medical
Services (EMS) Systems Act as Freestanding Emergency
Centers;
(xvi) locations licensed under the Alternative
Health Care Delivery Act;
(2) a day training program certified by the Department
of Human Services;
(3) a community integrated living arrangement operated
by a community mental health and developmental service
agency, as defined in the Community-Integrated Living
Arrangements Licensure Licensing and Certification Act;
(4) the State Long Term Care Ombudsman Program,
including any regional long term care ombudsman programs
under Section 4.04 of the Illinois Act on the Aging, only
for the purpose of securing background checks; or
(5) the Department of Corrections or a third-party
vendor employing certified nursing assistants working with
the Department of Corrections.
"Initiate" means obtaining from a student, applicant, or
employee his or her social security number, demographics, a

disclosure statement, and an authorization for the Department
of Public Health or its designee to request a
fingerprint-based criminal history records check; transmitting
this information electronically to the Department of Public
Health; conducting Internet searches on certain web sites,
including without limitation the Illinois Sex Offender
Registry, the Department of Corrections' Sex Offender Search
Engine, the Department of Corrections' Inmate Search Engine,
the Department of Corrections Wanted Fugitives Search Engine,
the National Sex Offender Public Registry, and the List of
Excluded Individuals and Entities database on the website of
the Health and Human Services Office of Inspector General to
determine if the applicant has been adjudicated a sex
offender, has been a prison inmate, or has committed Medicare
or Medicaid fraud, or conducting similar searches as defined
by rule; and having the student, applicant, or employee's
fingerprints collected and transmitted electronically to the
Illinois State Police.
"Livescan vendor" means an entity whose equipment has been
certified by the Illinois State Police to collect an
individual's demographics and inkless fingerprints and, in a
manner prescribed by the Illinois State Police and the
Department of Public Health, electronically transmit the
fingerprints and required data to the Illinois State Police
and a daily file of required data to the Department of Public
Health. The Department of Public Health shall negotiate a

contract with one or more vendors that effectively demonstrate
that the vendor has 2 or more years of experience transmitting
fingerprints electronically to the Illinois State Police and
that the vendor can successfully transmit the required data in
a manner prescribed by the Department of Public Health. Vendor
authorization may be further defined by administrative rule.
"Long-term care facility" means a facility licensed by the
State or certified under federal law as a long-term care
facility, including without limitation facilities licensed
under the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act, a supportive living facility, an assisted
living establishment, or a shared housing establishment or
registered as a board and care home.
"Resident" means a person, individual, or patient under
the direct care of a health care employer or who has been
provided goods or services by a health care employer.
(Source: P.A. 101-176, eff. 7-31-19; 102-226, eff. 7-30-21;
102-503, eff. 8-20-21; 102-538, eff. 8-20-21; revised
10-5-21.)
Section 460. The Massage Licensing Act is amended by
changing Section 15 as follows:
(225 ILCS 57/15)
(Section scheduled to be repealed on January 1, 2027)

Sec. 15. Licensure requirements.
(a) Persons engaged in massage for compensation must be
licensed by the Department. The Department shall issue a
license to an individual who meets all of the following
requirements:
(1) The applicant has applied in writing on the
prescribed forms and has paid the required fees.
(2) The applicant is at least 18 years of age and of
good moral character. In determining good moral character,
the Department may take into consideration conviction of
any crime under the laws of the United States or any state
or territory thereof that is a felony or a misdemeanor or
any crime that is directly related to the practice of the
profession. Such a conviction shall not operate
automatically as a complete bar to a license, except in
the case of any conviction for prostitution, rape, or
sexual misconduct, or where the applicant is a registered
sex offender.
(3) The applicant has successfully completed a massage
therapy program approved by the Department that requires a
minimum of 500 hours, except applicants applying on or
after January 1, 2014 shall meet a minimum requirement of
600 hours, and has passed a competency examination
approved by the Department.
(b) Each applicant for licensure as a massage therapist
shall have his or her fingerprints submitted to the Illinois

State Police in an electronic format that complies with the
form and manner for requesting and furnishing criminal history
record information as prescribed by the Illinois State Police.
These fingerprints shall be checked against the Illinois State
Police and Federal Bureau of Investigation criminal history
record databases now and hereafter filed. The Illinois State
Police shall charge applicants a fee for conducting the
criminal history records check, which shall be deposited into
the State Police Services Fund and shall not exceed the actual
cost of the records check. The Illinois State Police shall
furnish, pursuant to positive identification, records of
Illinois convictions to the Department. The Department may
require applicants to pay a separate fingerprinting fee,
either to the Department or to a vendor. The Department, in its
discretion, may allow an applicant who does not have
reasonable access to a designated vendor to provide his or her
fingerprints in an alternative manner. The Department may
adopt any rules necessary to implement this Section.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-5-21.)
Section 465. The Medical Practice Act of 1987 is amended
by changing Sections 7 and 22 as follows:
(225 ILCS 60/7) (from Ch. 111, par. 4400-7)
(Section scheduled to be repealed on January 1, 2023)

Sec. 7. Medical Disciplinary Board.
(A) There is hereby created the Illinois State Medical
Disciplinary Board. The Disciplinary Board shall consist of 11
members, to be appointed by the Governor by and with the advice
and consent of the Senate. All members shall be residents of
the State, not more than 6 of whom shall be members of the same
political party. All members shall be voting members. Five
members shall be physicians licensed to practice medicine in
all of its branches in Illinois possessing the degree of
doctor of medicine. One member shall be a physician licensed
to practice medicine in all its branches in Illinois
possessing the degree of doctor of osteopathy or osteopathic
medicine. One member shall be a chiropractic physician
licensed to practice in Illinois and possessing the degree of
doctor of chiropractic. Four members shall be members of the
public, who shall not be engaged in any way, directly or
indirectly, as providers of health care.
(B) Members of the Disciplinary Board shall be appointed
for terms of 4 years. Upon the expiration of the term of any
member, his or her successor shall be appointed for a term of 4
years by the Governor by and with the advice and consent of the
Senate. The Governor shall fill any vacancy for the remainder
of the unexpired term with the advice and consent of the
Senate. Upon recommendation of the Board, any member of the
Disciplinary Board may be removed by the Governor for
misfeasance, malfeasance, or willful neglect of duty, after

notice, and a public hearing, unless such notice and hearing
shall be expressly waived in writing. Each member shall serve
on the Disciplinary Board until their successor is appointed
and qualified. No member of the Disciplinary Board shall serve
more than 2 consecutive 4 year terms.
In making appointments the Governor shall attempt to
insure that the various social and geographic regions of the
State of Illinois are properly represented.
In making the designation of persons to act for the
several professions represented on the Disciplinary Board, the
Governor shall give due consideration to recommendations by
members of the respective professions and by organizations
therein.
(C) The Disciplinary Board shall annually elect one of its
voting members as chairperson and one as vice chairperson. No
officer shall be elected more than twice in succession to the
same office. Each officer shall serve until their successor
has been elected and qualified.
(D) (Blank).
(E) Six voting members of the Disciplinary Board, at least
4 of whom are physicians, shall constitute a quorum. A vacancy
in the membership of the Disciplinary Board shall not impair
the right of a quorum to exercise all the rights and perform
all the duties of the Disciplinary Board. Any action taken by
the Disciplinary Board under this Act may be authorized by
resolution at any regular or special meeting and each such

resolution shall take effect immediately. The Disciplinary
Board shall meet at least quarterly.
(F) Each member, and member-officer, of the Disciplinary
Board shall receive a per diem stipend as the Secretary shall
determine. Each member shall be paid their necessary expenses
while engaged in the performance of their duties.
(G) The Secretary shall select a Chief Medical Coordinator
and not less than 2 Deputy Medical Coordinators who shall not
be members of the Disciplinary Board. Each medical coordinator
shall be a physician licensed to practice medicine in all of
its branches, and the Secretary shall set their rates of
compensation. The Secretary shall assign at least one medical
coordinator to a region composed of Cook County and such other
counties as the Secretary may deem appropriate, and such
medical coordinator or coordinators shall locate their office
in Chicago. The Secretary shall assign at least one medical
coordinator to a region composed of the balance of counties in
the State, and such medical coordinator or coordinators shall
locate their office in Springfield. The Chief Medical
Coordinator shall be the chief enforcement officer of this
Act. None of the functions, powers, or duties of the
Department with respect to policies regarding enforcement or
discipline under this Act, including the adoption of such
rules as may be necessary for the administration of this Act,
shall be exercised by the Department except upon review of the
Disciplinary Board.

The Secretary shall employ, in conformity with the
Personnel Code, investigators who are college graduates with
at least 2 years of investigative experience or one year of
advanced medical education. Upon the written request of the
Disciplinary Board, the Secretary shall employ, in conformity
with the Personnel Code, such other professional, technical,
investigative, and clerical help, either on a full or
part-time basis as the Disciplinary Board deems necessary for
the proper performance of its duties.
(H) Upon the specific request of the Disciplinary Board,
signed by either the chairperson, vice chairperson, or a
medical coordinator of the Disciplinary Board, the Department
of Human Services, the Department of Healthcare and Family
Services, the Illinois State Police, or any other law
enforcement agency located in this State shall make available
any and all information that they have in their possession
regarding a particular case then under investigation by the
Disciplinary Board.
(I) Members of the Disciplinary Board shall be immune from
suit in any action based upon any disciplinary proceedings or
other acts performed in good faith as members of the
Disciplinary Board.
(J) The Disciplinary Board may compile and establish a
statewide roster of physicians and other medical
professionals, including the several medical specialties, of
such physicians and medical professionals, who have agreed to

serve from time to time as advisors to the medical
coordinators. Such advisors shall assist the medical
coordinators or the Disciplinary Board in their investigations
and participation in complaints against physicians. Such
advisors shall serve under contract and shall be reimbursed at
a reasonable rate for the services provided, plus reasonable
expenses incurred. While serving in this capacity, the
advisor, for any act undertaken in good faith and in the
conduct of his or her duties under this Section, shall be
immune from civil suit.
(K) This Section is inoperative when a majority of the
Medical Board is appointed. This Section is repealed January
1, 2023 (one year after the effective date of Public Act
102-20) this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-20-21.)
(225 ILCS 60/22) (from Ch. 111, par. 4400-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 22. Disciplinary action.
(A) The Department may revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action as the
Department may deem proper with regard to the license or
permit of any person issued under this Act, including imposing
fines not to exceed $10,000 for each violation, upon any of the

following grounds:
(1) (Blank).
(2) (Blank).
(3) 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 laws of any jurisdiction of
the United States of any crime that is a felony.
(4) Gross negligence in practice under this Act.
(5) Engaging in dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud or harm the public.
(6) Obtaining any fee by fraud, deceit, or
misrepresentation.
(7) Habitual or excessive use or abuse of drugs
defined in law as controlled substances, of alcohol, or of
any other substances which results in the inability to
practice with reasonable judgment, skill, or safety.
(8) Practicing under a false or, except as provided by
law, an assumed name.
(9) Fraud or misrepresentation in applying for, or
procuring, a license under this Act or in connection with
applying for renewal of a license under this Act.
(10) Making a false or misleading statement regarding
their skill or the efficacy or value of the medicine,

treatment, or remedy prescribed by them at their direction
in the treatment of any disease or other condition of the
body or mind.
(11) Allowing another person or organization to use
their license, procured under this Act, to practice.
(12) Adverse action taken by another state or
jurisdiction against a license or other authorization to
practice as a medical doctor, doctor of osteopathy, doctor
of osteopathic medicine or doctor of chiropractic, a
certified copy of the record of the action taken by the
other state or jurisdiction being prima facie evidence
thereof. This includes any adverse action taken by a State
or federal agency that prohibits a medical doctor, doctor
of osteopathy, doctor of osteopathic medicine, or doctor
of chiropractic from providing services to the agency's
participants.
(13) Violation of any provision of this Act or of the
Medical Practice Act prior to the repeal of that Act, or
violation of the rules, or a final administrative action
of the Secretary, after consideration of the
recommendation of the Medical Board.
(14) Violation of the prohibition against fee
splitting in Section 22.2 of this Act.
(15) A finding by the Medical Board that the
registrant after having his or her license placed on
probationary status or subjected to conditions or

restrictions violated the terms of the probation or failed
to comply with such terms or conditions.
(16) Abandonment of a patient.
(17) Prescribing, selling, administering,
distributing, giving, or self-administering any drug
classified as a controlled substance (designated product)
or narcotic for other than medically accepted therapeutic
purposes.
(18) Promotion of the sale of drugs, devices,
appliances, or goods provided for a patient in such manner
as to exploit the patient for financial gain of the
physician.
(19) Offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for
any human condition by a method, means, or procedure which
the licensee refuses to divulge upon demand of the
Department.
(20) Immoral conduct in the commission of any act
including, but not limited to, commission of an act of
sexual misconduct related to the licensee's practice.
(21) Willfully making or filing false records or
reports in his or her practice as a physician, including,
but not limited to, false records to support claims
against the medical assistance program of the Department
of Healthcare and Family Services (formerly Department of

Public Aid) under the Illinois Public Aid Code.
(22) Willful omission to file or record, or willfully
impeding the filing or recording, or inducing another
person to omit to file or record, medical reports as
required by law, or willfully failing to report an
instance of suspected abuse or neglect as required by law.
(23) Being named as a perpetrator in an indicated
report by the Department of Children and Family Services
under the Abused and Neglected Child Reporting Act, and
upon proof by clear and convincing evidence that the
licensee has caused a child to be an abused child or
neglected child as defined in the Abused and Neglected
Child Reporting Act.
(24) Solicitation of professional patronage by any
corporation, agents or persons, or profiting from those
representing themselves to be agents of the licensee.
(25) Gross and willful and continued overcharging for
professional services, including filing false statements
for collection of fees for which services are not
rendered, including, but not limited to, filing such false
statements for collection of monies for services not
rendered from the medical assistance program of the
Department of Healthcare and Family Services (formerly
Department of Public Aid) under the Illinois Public Aid
Code.
(26) A pattern of practice or other behavior which

demonstrates incapacity or incompetence to practice under
this Act.
(27) Mental illness or disability which results in the
inability to practice under this Act with reasonable
judgment, skill, or safety.
(28) Physical illness, including, but not limited to,
deterioration through the aging process, or loss of motor
skill which results in a physician's inability to practice
under this Act with reasonable judgment, skill, or safety.
(29) Cheating on or attempting attempt to subvert the
licensing examinations administered under this Act.
(30) Willfully or negligently violating the
confidentiality between physician and patient except as
required by law.
(31) The use of any false, fraudulent, or deceptive
statement in any document connected with practice under
this Act.
(32) Aiding and abetting an individual not licensed
under this Act in the practice of a profession licensed
under this Act.
(33) Violating state or federal laws or regulations
relating to controlled substances, legend drugs, or
ephedra as defined in the Ephedra Prohibition Act.
(34) Failure to report to the Department any adverse
final action taken against them by another licensing
jurisdiction (any other state or any territory of the

United States or any foreign state or country), by any
peer review body, by any health care institution, by any
professional society or association related to practice
under this Act, by any governmental agency, by any law
enforcement agency, or by any court for acts or conduct
similar to acts or conduct which would constitute grounds
for action as defined in this Section.
(35) Failure to report to the Department surrender of
a license or authorization to practice as a medical
doctor, a doctor of osteopathy, a doctor of osteopathic
medicine, or doctor of chiropractic in another state or
jurisdiction, or surrender of membership on any medical
staff or in any medical or professional association or
society, while under disciplinary investigation by any of
those authorities or bodies, for acts or conduct similar
to acts or conduct which would constitute grounds for
action as defined in this Section.
(36) Failure to report to the Department any adverse
judgment, settlement, or award arising from a liability
claim related to acts or conduct similar to acts or
conduct which would constitute grounds for action as
defined in this Section.
(37) Failure to provide copies of medical records as
required by law.
(38) Failure to furnish the Department, its
investigators or representatives, relevant information,

legally requested by the Department after consultation
with the Chief Medical Coordinator or the Deputy Medical
Coordinator.
(39) Violating the Health Care Worker Self-Referral
Act.
(40) Willful failure to provide notice when notice is
required under the Parental Notice of Abortion Act of
1995.
(41) Failure to establish and maintain records of
patient care and treatment as required by this law.
(42) Entering into an excessive number of written
collaborative agreements with licensed advanced practice
registered nurses resulting in an inability to adequately
collaborate.
(43) Repeated failure to adequately collaborate with a
licensed advanced practice registered nurse.
(44) Violating the Compassionate Use of Medical
Cannabis Program Act.
(45) Entering into an excessive number of written
collaborative agreements with licensed prescribing
psychologists resulting in an inability to adequately
collaborate.
(46) Repeated failure to adequately collaborate with a
licensed prescribing psychologist.
(47) Willfully failing to report an instance of
suspected abuse, neglect, financial exploitation, or

self-neglect of an eligible adult as defined in and
required by the Adult Protective Services Act.
(48) Being named as an abuser in a verified report by
the Department on Aging under the Adult Protective
Services Act, and upon proof by clear and convincing
evidence that the licensee abused, neglected, or
financially exploited an eligible adult as defined in the
Adult Protective Services Act.
(49) Entering into an excessive number of written
collaborative agreements with licensed physician
assistants resulting in an inability to adequately
collaborate.
(50) Repeated failure to adequately collaborate with a
physician assistant.
Except for actions involving the ground numbered (26), all
proceedings to suspend, revoke, place on probationary status,
or take any other disciplinary action as the Department may
deem proper, with regard to a license on any of the foregoing
grounds, must be commenced within 5 years next after receipt
by the Department of a complaint alleging the commission of or
notice of the conviction order for any of the acts described
herein. Except for the grounds numbered (8), (9), (26), and
(29), no action shall be commenced more than 10 years after the
date of the incident or act alleged to have violated this
Section. For actions involving the ground numbered (26), a
pattern of practice or other behavior includes all incidents

alleged to be part of the pattern of practice or other behavior
that occurred, or a report pursuant to Section 23 of this Act
received, within the 10-year period preceding the filing of
the complaint. In the event of the settlement of any claim or
cause of action in favor of the claimant or the reduction to
final judgment of any civil action in favor of the plaintiff,
such claim, cause of action, or civil action being grounded on
the allegation that a person licensed under this Act was
negligent in providing care, the Department shall have an
additional period of 2 years from the date of notification to
the Department under Section 23 of this Act of such settlement
or final judgment in which to investigate and commence formal
disciplinary proceedings under Section 36 of this Act, except
as otherwise provided by law. The time during which the holder
of the license was outside the State of Illinois shall not be
included within any period of time limiting the commencement
of disciplinary action by the Department.
The entry of an order or judgment by any circuit court
establishing that any person holding a license under this Act
is a person in need of mental treatment operates as a
suspension of that license. That person may resume his or her
practice only upon the entry of a Departmental order based
upon a finding by the Medical Board that the person has been
determined to be recovered from mental illness by the court
and upon the Medical Board's recommendation that the person be
permitted to resume his or her practice.

The Department may refuse to issue or take disciplinary
action concerning the license of any person who fails to file a
return, or to pay the tax, penalty, or interest shown in a
filed return, or to pay any final assessment of tax, penalty,
or interest, as required by any tax Act administered by the
Illinois Department of Revenue, until such time as the
requirements of any such tax Act are satisfied as determined
by the Illinois Department of Revenue.
The Department, upon the recommendation of the Medical
Board, shall adopt rules which set forth standards to be used
in determining:
(a) when a person will be deemed sufficiently
rehabilitated to warrant the public trust;
(b) what constitutes dishonorable, unethical, or
unprofessional conduct of a character likely to deceive,
defraud, or harm the public;
(c) what constitutes immoral conduct in the commission
of any act, including, but not limited to, commission of
an act of sexual misconduct related to the licensee's
practice; and
(d) what constitutes gross negligence in the practice
of medicine.
However, no such rule shall be admissible into evidence in
any civil action except for review of a licensing or other
disciplinary action under this Act.
In enforcing this Section, the Medical Board, upon a

showing of a possible violation, may compel any individual who
is licensed to practice under this Act or holds a permit to
practice under this Act, or any individual who has applied for
licensure or a permit pursuant to this Act, to submit to a
mental or physical examination and evaluation, or both, which
may include a substance abuse or sexual offender evaluation,
as required by the Medical Board and at the expense of the
Department. The Medical Board shall specifically designate the
examining physician licensed to practice medicine in all of
its branches or, if applicable, the multidisciplinary team
involved in providing the mental or physical examination and
evaluation, or both. The multidisciplinary team shall be led
by a physician licensed to practice medicine in all of its
branches and may consist of one or more or a combination of
physicians licensed to practice medicine in all of its
branches, licensed chiropractic physicians, licensed clinical
psychologists, licensed clinical social workers, licensed
clinical professional counselors, and other professional and
administrative staff. Any examining physician or member of the
multidisciplinary team may require any person ordered to
submit to an examination and evaluation pursuant to this
Section to submit to any additional supplemental testing
deemed necessary to complete any examination or evaluation
process, including, but not limited to, blood testing,
urinalysis, psychological testing, or neuropsychological
testing. The Medical Board or the Department may order the

examining physician or any member of the multidisciplinary
team to provide to the Department or the Medical Board any and
all records, including business records, that relate to the
examination and evaluation, including any supplemental testing
performed. The Medical Board or the Department may order the
examining physician or any member of the multidisciplinary
team to present testimony concerning this examination and
evaluation of the licensee, permit holder, or applicant,
including testimony concerning any supplemental testing or
documents relating to the examination and evaluation. No
information, report, record, or other documents in any way
related to the examination and evaluation shall be excluded by
reason of any common law or statutory privilege relating to
communication between the licensee, permit holder, or
applicant and the examining physician or any member of the
multidisciplinary team. No authorization is necessary from the
licensee, permit holder, or applicant ordered to undergo an
evaluation and examination for the examining physician or any
member of the multidisciplinary team to provide information,
reports, records, or other documents or to provide any
testimony regarding the examination and evaluation. The
individual to be examined may have, at his or her own expense,
another physician of his or her choice present during all
aspects of the examination. Failure of any individual to
submit to mental or physical examination and evaluation, or
both, when directed, shall result in an automatic suspension,

without hearing, until such time as the individual submits to
the examination. If the Medical Board finds a physician unable
to practice following an examination and evaluation because of
the reasons set forth in this Section, the Medical Board shall
require such physician to submit to care, counseling, or
treatment by physicians, or other health care professionals,
approved or designated by the Medical Board, as a condition
for issued, continued, reinstated, or renewed licensure to
practice. Any physician, whose license was granted pursuant to
Sections 9, 17, or 19 of this Act, or, continued, reinstated,
renewed, disciplined or supervised, subject to such terms,
conditions, or restrictions who shall fail to comply with such
terms, conditions, or restrictions, or to complete a required
program of care, counseling, or treatment, as determined by
the Chief Medical Coordinator or Deputy Medical Coordinators,
shall be referred to the Secretary for a determination as to
whether the licensee shall have his or her license suspended
immediately, pending a hearing by the Medical Board. In
instances in which the Secretary immediately suspends a
license under this Section, a hearing upon such person's
license must be convened by the Medical Board within 15 days
after such suspension and completed without appreciable delay.
The Medical Board shall have the authority to review the
subject physician's record of treatment and counseling
regarding the impairment, to the extent permitted by
applicable federal statutes and regulations safeguarding the

confidentiality of medical records.
An individual licensed under this Act, affected under this
Section, shall be afforded an opportunity to demonstrate to
the Medical Board that he or she can resume practice in
compliance with acceptable and prevailing standards under the
provisions of his or her license.
The Department may promulgate rules for the imposition of
fines in disciplinary cases, not to exceed $10,000 for each
violation of this Act. Fines may be imposed in conjunction
with other forms of disciplinary action, but shall not be the
exclusive disposition of any disciplinary action arising out
of conduct resulting in death or injury to a patient. Any funds
collected from such fines shall be deposited in the Illinois
State Medical Disciplinary Fund.
All fines imposed under this Section shall be paid within
60 days after the effective date of the order imposing the fine
or in accordance with the terms set forth in the order imposing
the fine.
(B) The Department shall revoke the license or permit
issued under this Act to practice medicine or a chiropractic
physician who has been convicted a second time of committing
any felony under the Illinois Controlled Substances Act or the
Methamphetamine Control and Community Protection Act, or who
has been convicted a second time of committing a Class 1 felony
under Sections 8A-3 and 8A-6 of the Illinois Public Aid Code. A
person whose license or permit is revoked under this

subsection B shall be prohibited from practicing medicine or
treating human ailments without the use of drugs and without
operative surgery.
(C) The Department shall not revoke, suspend, place on
probation, reprimand, refuse to issue or renew, or take any
other disciplinary or non-disciplinary action against the
license or permit issued under this Act to practice medicine
to a physician:
(1) based solely upon the recommendation of the
physician to an eligible patient regarding, or
prescription for, or treatment with, an investigational
drug, biological product, or device; or
(2) for experimental treatment for Lyme disease or
other tick-borne diseases, including, but not limited to,
the prescription of or treatment with long-term
antibiotics.
(D) The Medical Board shall recommend to the Department
civil penalties and any other appropriate discipline in
disciplinary cases when the Medical Board finds that a
physician willfully performed an abortion with actual
knowledge that the person upon whom the abortion has been
performed is a minor or an incompetent person without notice
as required under the Parental Notice of Abortion Act of 1995.
Upon the Medical Board's recommendation, the Department shall
impose, for the first violation, a civil penalty of $1,000 and
for a second or subsequent violation, a civil penalty of

$5,000.
(Source: P.A. 101-13, eff. 6-12-19; 101-81, eff. 7-12-19;
101-363, eff. 8-9-19; 102-20, eff. 1-1-22; 102-558, eff.
8-20-21; revised 12-2-21.)
Section 470. The Pharmacy Practice Act is amended by
changing Sections 3 and 4 and by setting forth and renumbering
multiple versions of Section 43 as follows:
(225 ILCS 85/3)
(Section scheduled to be repealed on January 1, 2023)
Sec. 3. Definitions. For the purpose of this Act, except
where otherwise limited therein:
(a) "Pharmacy" or "drugstore" means and includes every
store, shop, pharmacy department, or other place where
pharmacist care is provided by a pharmacist (1) where drugs,
medicines, or poisons are dispensed, sold or offered for sale
at retail, or displayed for sale at retail; or (2) where
prescriptions of physicians, dentists, advanced practice
registered nurses, physician assistants, veterinarians,
podiatric physicians, or optometrists, within the limits of
their licenses, are compounded, filled, or dispensed; or (3)
which has upon it or displayed within it, or affixed to or used
in connection with it, a sign bearing the word or words
"Pharmacist", "Druggist", "Pharmacy", "Pharmaceutical Care",
"Apothecary", "Drugstore", "Medicine Store", "Prescriptions",

"Drugs", "Dispensary", "Medicines", or any word or words of
similar or like import, either in the English language or any
other language; or (4) where the characteristic prescription
sign (Rx) or similar design is exhibited; or (5) any store, or
shop, or other place with respect to which any of the above
words, objects, signs or designs are used in any
advertisement.
(b) "Drugs" means and includes (1) articles recognized in
the official United States Pharmacopoeia/National Formulary
(USP/NF), or any supplement thereto and being intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration,
but does not include devices or their components, parts, or
accessories; and (2) all other articles intended for and
having for their main use the diagnosis, cure, mitigation,
treatment or prevention of disease in man or other animals, as
approved by the United States Food and Drug Administration,
but does not include devices or their components, parts, or
accessories; and (3) articles (other than food) having for
their main use and intended to affect the structure or any
function of the body of man or other animals; and (4) articles
having for their main use and intended for use as a component
or any articles specified in clause (1), (2) or (3); but does
not include devices or their components, parts or accessories.
(c) "Medicines" means and includes all drugs intended for

human or veterinary use approved by the United States Food and
Drug Administration.
(d) "Practice of pharmacy" means:
(1) the interpretation and the provision of assistance
in the monitoring, evaluation, and implementation of
prescription drug orders;
(2) the dispensing of prescription drug orders;
(3) participation in drug and device selection;
(4) drug administration limited to the administration
of oral, topical, injectable, and inhalation as follows:
(A) in the context of patient education on the
proper use or delivery of medications;
(B) vaccination of patients 7 years of age and
older pursuant to a valid prescription or standing
order, by a physician licensed to practice medicine in
all its branches, upon completion of appropriate
training, including how to address contraindications
and adverse reactions set forth by rule, with
notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures. Eligible vaccines are those listed on the
U.S. Centers for Disease Control and Prevention (CDC)
Recommended Immunization Schedule, the CDC's Health
Information for International Travel, or the U.S. Food
and Drug Administration's Vaccines Licensed and

Authorized for Use in the United States. As applicable
to the State's Medicaid program and other payers,
vaccines ordered and administered in accordance with
this subsection shall be covered and reimbursed at no
less than the rate that the vaccine is reimbursed when
ordered and administered by a physician;
(B-5) following the initial administration of
long-acting or extended-release form opioid
antagonists by a physician licensed to practice
medicine in all its branches, administration of
injections of long-acting or extended-release form
opioid antagonists for the treatment of substance use
disorder, pursuant to a valid prescription by a
physician licensed to practice medicine in all its
branches, upon completion of appropriate training,
including how to address contraindications and adverse
reactions, including, but not limited to, respiratory
depression and the performance of cardiopulmonary
resuscitation, set forth by rule, with notification to
the patient's physician and appropriate record
retention, or pursuant to hospital pharmacy and
therapeutics committee policies and procedures;
(C) administration of injections of
alpha-hydroxyprogesterone caproate, pursuant to a
valid prescription, by a physician licensed to
practice medicine in all its branches, upon completion

of appropriate training, including how to address
contraindications and adverse reactions set forth by
rule, with notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures; and
(D) administration of injections of long-term
antipsychotic medications pursuant to a valid
prescription by a physician licensed to practice
medicine in all its branches, upon completion of
appropriate training conducted by an Accreditation
Council of Pharmaceutical Education accredited
provider, including how to address contraindications
and adverse reactions set forth by rule, with
notification to the patient's physician and
appropriate record retention, or pursuant to hospital
pharmacy and therapeutics committee policies and
procedures.
(5) (blank);
(6) drug regimen review;
(7) drug or drug-related research;
(8) the provision of patient counseling;
(9) the practice of telepharmacy;
(10) the provision of those acts or services necessary
to provide pharmacist care;
(11) medication therapy management;

(12) the responsibility for compounding and labeling
of drugs and devices (except labeling by a manufacturer,
repackager, or distributor of non-prescription drugs and
commercially packaged legend drugs and devices), proper
and safe storage of drugs and devices, and maintenance of
required records; and
(13) the assessment and consultation of patients and
dispensing of hormonal contraceptives.
A pharmacist who performs any of the acts defined as the
practice of pharmacy in this State must be actively licensed
as a pharmacist under this Act.
(e) "Prescription" means and includes any written, oral,
facsimile, or electronically transmitted order for drugs or
medical devices, issued by a physician licensed to practice
medicine in all its branches, dentist, veterinarian, podiatric
physician, or optometrist, within the limits of his or her
license, by a physician assistant in accordance with
subsection (f) of Section 4, or by an advanced practice
registered nurse in accordance with subsection (g) of Section
4, containing the following: (1) name of the patient; (2) date
when prescription was issued; (3) name and strength of drug or
description of the medical device prescribed; and (4)
quantity; (5) directions for use; (6) prescriber's name,
address, and signature; and (7) DEA registration number where
required, for controlled substances. The prescription may, but
is not required to, list the illness, disease, or condition

for which the drug or device is being prescribed. DEA
registration numbers shall not be required on inpatient drug
orders. A prescription for medication other than controlled
substances shall be valid for up to 15 months from the date
issued for the purpose of refills, unless the prescription
states otherwise.
(f) "Person" means and includes a natural person,
partnership, association, corporation, government entity, or
any other legal entity.
(g) "Department" means the Department of Financial and
Professional Regulation.
(h) "Board of Pharmacy" or "Board" means the State Board
of Pharmacy of the Department of Financial and Professional
Regulation.
(i) "Secretary" means the Secretary of Financial and
Professional Regulation.
(j) "Drug product selection" means the interchange for a
prescribed pharmaceutical product in accordance with Section
25 of this Act and Section 3.14 of the Illinois Food, Drug and
Cosmetic Act.
(k) "Inpatient drug order" means an order issued by an
authorized prescriber for a resident or patient of a facility
licensed under the Nursing Home Care Act, the ID/DD Community
Care Act, the MC/DD Act, the Specialized Mental Health
Rehabilitation Act of 2013, the Hospital Licensing Act, or the
University of Illinois Hospital Act, or a facility which is

operated by the Department of Human Services (as successor to
the Department of Mental Health and Developmental
Disabilities) or the Department of Corrections.
(k-5) "Pharmacist" means an individual health care
professional and provider currently licensed by this State to
engage in the practice of pharmacy.
(l) "Pharmacist in charge" means the licensed pharmacist
whose name appears on a pharmacy license and who is
responsible for all aspects of the operation related to the
practice of pharmacy.
(m) "Dispense" or "dispensing" means the interpretation,
evaluation, and implementation of a prescription drug order,
including the preparation and delivery of a drug or device to a
patient or patient's agent in a suitable container
appropriately labeled for subsequent administration to or use
by a patient in accordance with applicable State and federal
laws and regulations. "Dispense" or "dispensing" does not mean
the physical delivery to a patient or a patient's
representative in a home or institution by a designee of a
pharmacist or by common carrier. "Dispense" or "dispensing"
also does not mean the physical delivery of a drug or medical
device to a patient or patient's representative by a
pharmacist's designee within a pharmacy or drugstore while the
pharmacist is on duty and the pharmacy is open.
(n) "Nonresident pharmacy" means a pharmacy that is
located in a state, commonwealth, or territory of the United

States, other than Illinois, that delivers, dispenses, or
distributes, through the United States Postal Service,
commercially acceptable parcel delivery service, or other
common carrier, to Illinois residents, any substance which
requires a prescription.
(o) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on
the prescriber-patient-pharmacist relationship in the course
of professional practice or (2) for the purpose of, or
incident to, research, teaching, or chemical analysis and not
for sale or dispensing. "Compounding" includes the preparation
of drugs or devices in anticipation of receiving prescription
drug orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if all of the
following conditions are met: (i) the commercial product is
not reasonably available from normal distribution channels in
a timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(p) (Blank).
(q) (Blank).
(r) "Patient counseling" means the communication between a
pharmacist or a student pharmacist under the supervision of a
pharmacist and a patient or the patient's representative about

the patient's medication or device for the purpose of
optimizing proper use of prescription medications or devices.
"Patient counseling" may include without limitation (1)
obtaining a medication history; (2) acquiring a patient's
allergies and health conditions; (3) facilitation of the
patient's understanding of the intended use of the medication;
(4) proper directions for use; (5) significant potential
adverse events; (6) potential food-drug interactions; and (7)
the need to be compliant with the medication therapy. A
pharmacy technician may only participate in the following
aspects of patient counseling under the supervision of a
pharmacist: (1) obtaining medication history; (2) providing
the offer for counseling by a pharmacist or student
pharmacist; and (3) acquiring a patient's allergies and health
conditions.
(s) "Patient profiles" or "patient drug therapy record"
means the obtaining, recording, and maintenance of patient
prescription information, including prescriptions for
controlled substances, and personal information.
(t) (Blank).
(u) "Medical device" or "device" means an instrument,
apparatus, implement, machine, contrivance, implant, in vitro
reagent, or other similar or related article, including any
component part or accessory, required under federal law to
bear the label "Caution: Federal law requires dispensing by or
on the order of a physician". A seller of goods and services

who, only for the purpose of retail sales, compounds, sells,
rents, or leases medical devices shall not, by reasons
thereof, be required to be a licensed pharmacy.
(v) "Unique identifier" means an electronic signature,
handwritten signature or initials, thumb print, or other
acceptable biometric or electronic identification process as
approved by the Department.
(w) "Current usual and customary retail price" means the
price that a pharmacy charges to a non-third-party payor.
(x) "Automated pharmacy system" means a mechanical system
located within the confines of the pharmacy or remote location
that performs operations or activities, other than compounding
or administration, relative to storage, packaging, dispensing,
or distribution of medication, and which collects, controls,
and maintains all transaction information.
(y) "Drug regimen review" means and includes the
evaluation of prescription drug orders and patient records for
(1) known allergies; (2) drug or potential therapy
contraindications; (3) reasonable dose, duration of use, and
route of administration, taking into consideration factors
such as age, gender, and contraindications; (4) reasonable
directions for use; (5) potential or actual adverse drug
reactions; (6) drug-drug interactions; (7) drug-food
interactions; (8) drug-disease contraindications; (9)
therapeutic duplication; (10) patient laboratory values when
authorized and available; (11) proper utilization (including

over or under utilization) and optimum therapeutic outcomes;
and (12) abuse and misuse.
(z) "Electronically transmitted prescription" means a
prescription that is created, recorded, or stored by
electronic means; issued and validated with an electronic
signature; and transmitted by electronic means directly from
the prescriber to a pharmacy. An electronic prescription is
not an image of a physical prescription that is transferred by
electronic means from computer to computer, facsimile to
facsimile, or facsimile to computer.
(aa) "Medication therapy management services" means a
distinct service or group of services offered by licensed
pharmacists, physicians licensed to practice medicine in all
its branches, advanced practice registered nurses authorized
in a written agreement with a physician licensed to practice
medicine in all its branches, or physician assistants
authorized in guidelines by a supervising physician that
optimize therapeutic outcomes for individual patients through
improved medication use. In a retail or other non-hospital
pharmacy, medication therapy management services shall consist
of the evaluation of prescription drug orders and patient
medication records to resolve conflicts with the following:
(1) known allergies;
(2) drug or potential therapy contraindications;
(3) reasonable dose, duration of use, and route of
administration, taking into consideration factors such as

age, gender, and contraindications;
(4) reasonable directions for use;
(5) potential or actual adverse drug reactions;
(6) drug-drug interactions;
(7) drug-food interactions;
(8) drug-disease contraindications;
(9) identification of therapeutic duplication;
(10) patient laboratory values when authorized and
available;
(11) proper utilization (including over or under
utilization) and optimum therapeutic outcomes; and
(12) drug abuse and misuse.
"Medication therapy management services" includes the
following:
(1) documenting the services delivered and
communicating the information provided to patients'
prescribers within an appropriate time frame, not to
exceed 48 hours;
(2) providing patient counseling designed to enhance a
patient's understanding and the appropriate use of his or
her medications; and
(3) providing information, support services, and
resources designed to enhance a patient's adherence with
his or her prescribed therapeutic regimens.
"Medication therapy management services" may also include
patient care functions authorized by a physician licensed to

practice medicine in all its branches for his or her
identified patient or groups of patients under specified
conditions or limitations in a standing order from the
physician.
"Medication therapy management services" in a licensed
hospital may also include the following:
(1) reviewing assessments of the patient's health
status; and
(2) following protocols of a hospital pharmacy and
therapeutics committee with respect to the fulfillment of
medication orders.
(bb) "Pharmacist care" means the provision by a pharmacist
of medication therapy management services, with or without the
dispensing of drugs or devices, intended to achieve outcomes
that improve patient health, quality of life, and comfort and
enhance patient safety.
(cc) "Protected health information" means individually
identifiable health information that, except as otherwise
provided, is:
(1) transmitted by electronic media;
(2) maintained in any medium set forth in the
definition of "electronic media" in the federal Health
Insurance Portability and Accountability Act; or
(3) transmitted or maintained in any other form or
medium.
"Protected health information" does not include

individually identifiable health information found in:
(1) education records covered by the federal Family
Educational Right and Privacy Act; or
(2) employment records held by a licensee in its role
as an employer.
(dd) "Standing order" means a specific order for a patient
or group of patients issued by a physician licensed to
practice medicine in all its branches in Illinois.
(ee) "Address of record" means the designated address
recorded by the Department in the applicant's application file
or licensee's license file maintained by the Department's
licensure maintenance unit.
(ff) "Home pharmacy" means the location of a pharmacy's
primary operations.
(gg) "Email address of record" means the designated email
address recorded by the Department in the applicant's
application file or the licensee's license file, as maintained
by the Department's licensure maintenance unit.
(Source: P.A. 101-349, eff. 1-1-20; 102-16, eff. 6-17-21;
102-103, eff. 1-1-22; 102-558, eff. 8-20-21; revised
10-26-21.)
(225 ILCS 85/4) (from Ch. 111, par. 4124)
(Section scheduled to be repealed on January 1, 2023)
Sec. 4. Exemptions. Nothing contained in any Section of
this Act shall apply to, or in any manner interfere with:

(a) the lawful practice of any physician licensed to
practice medicine in all of its branches, dentist,
podiatric physician, veterinarian, or therapeutically or
diagnostically certified optometrist within the limits of
his or her license, or prevent him or her from supplying to
his or her bona fide patients such drugs, medicines, or
poisons as may seem to him appropriate;
(b) the sale of compressed gases;
(c) the sale of patent or proprietary medicines and
household remedies when sold in original and unbroken
packages only, if such patent or proprietary medicines and
household remedies be properly and adequately labeled as
to content and usage and generally considered and accepted
as harmless and nonpoisonous when used according to the
directions on the label, and also do not contain opium or
coca leaves, or any compound, salt or derivative thereof,
or any drug which, according to the latest editions of the
following authoritative pharmaceutical treatises and
standards, namely, The United States
Pharmacopoeia/National Formulary (USP/NF), the United
States Dispensatory, and the Accepted Dental Remedies of
the Council of Dental Therapeutics of the American Dental
Association or any or either of them, in use on the
effective date of this Act, or according to the existing
provisions of the Federal Food, Drug, and Cosmetic Act and
Regulations of the Department of Health and Human

Services, Food and Drug Administration, promulgated
thereunder now in effect, is designated, described or
considered as a narcotic, hypnotic, habit forming,
dangerous, or poisonous drug;
(d) the sale of poultry and livestock remedies in
original and unbroken packages only, labeled for poultry
and livestock medication;
(e) the sale of poisonous substances or mixture of
poisonous substances, in unbroken packages, for
nonmedicinal use in the arts or industries or for
insecticide purposes; provided, they are properly and
adequately labeled as to content and such nonmedicinal
usage, in conformity with the provisions of all applicable
federal, state and local laws and regulations promulgated
thereunder now in effect relating thereto and governing
the same, and those which are required under such
applicable laws and regulations to be labeled with the
word "Poison", are also labeled with the word "Poison"
printed thereon in prominent type and the name of a
readily obtainable antidote with directions for its
administration;
(f) the delegation of limited prescriptive authority
by a physician licensed to practice medicine in all its
branches to a physician assistant under Section 7.5 of the
Physician Assistant Practice Act of 1987. This delegated
authority under Section 7.5 of the Physician Assistant

Practice Act of 1987 may, but is not required to, include
prescription of controlled substances, as defined in
Article II of the Illinois Controlled Substances Act, in
accordance with a written supervision agreement;
(g) the delegation of prescriptive authority by a
physician licensed to practice medicine in all its
branches or a licensed podiatric physician to an advanced
practice registered nurse in accordance with a written
collaborative agreement under Sections 65-35 and 65-40 of
the Nurse Practice Act;
(g-5) the donation or acceptance, or the packaging,
repackaging, or labeling, of drugs to the extent permitted
under the Illinois Drug Reuse Opportunity Program Act; and
(h) the sale or distribution of dialysate or devices
necessary to perform home peritoneal renal dialysis for
patients with end-stage renal disease, provided that all
of the following conditions are met:
(1) the dialysate, comprised of dextrose or
icodextrin, or devices are approved or cleared by the
federal Food and Drug Administration, as required by
federal law;
(2) the dialysate or devices are lawfully held by
a manufacturer or the manufacturer's agent, which is
properly registered with the Board as a manufacturer,
third-party logistics provider, or wholesaler;
(3) the dialysate or devices are held and

delivered to the manufacturer or the manufacturer's
agent in the original, sealed packaging from the
manufacturing facility;
(4) the dialysate or devices are delivered only
upon receipt of a physician's prescription by a
licensed pharmacy in which the prescription is
processed in accordance with provisions set forth in
this Act, and the transmittal of an order from the
licensed pharmacy to the manufacturer or the
manufacturer's agent; and
(5) the manufacturer or the manufacturer's agent
delivers the dialysate or devices directly to: (i) a
patient with end-stage renal disease, or his or her
designee, for the patient's self-administration of the
dialysis therapy or (ii) a health care provider or
institution for administration or delivery of the
dialysis therapy to a patient with end-stage renal
disease.
This paragraph (h) does not include any other drugs
for peritoneal dialysis, except dialysate, as described in
item (1) of this paragraph (h). All records of sales and
distribution of dialysate to patients made pursuant to
this paragraph (h) must be retained in accordance with
Section 18 of this Act. A student pharmacist or licensed
pharmacy technician engaged in remote prescription
processing under Section 25.10 of this Act at a licensed

pharmacy described in item (4) of this paragraph (h) shall
be permitted to access an employer pharmacy's database
from his or her home or other remote location while under
the supervision of a pharmacist for the purpose of
performing certain prescription processing functions,
provided that the pharmacy establishes controls to protect
the privacy and security of confidential records.
(Source: P.A. 101-420, eff. 8-16-19; 102-84, eff. 7-9-21;
102-389, eff. 1-1-22; revised 10-8-21.)
(225 ILCS 85/43)
(Section scheduled to be repealed on January 1, 2023)
Sec. 43. Dispensation of hormonal contraceptives.
(a) The dispensing of hormonal contraceptives to a patient
shall be pursuant to a valid prescription or standing order by
a physician licensed to practice medicine in all its branches
or the medical director of a local health department, pursuant
to the following:
(1) a pharmacist may dispense no more than a 12-month
supply of hormonal contraceptives to a patient;
(2) a pharmacist must complete an educational training
program accredited by the Accreditation Council for
Pharmacy Education and approved by the Department that is
related to the patient self-screening risk assessment,
patient assessment contraceptive counseling and education,
and dispensation of hormonal contraceptives;

(3) a pharmacist shall have the patient complete the
self-screening risk assessment tool; the self-screening
risk assessment tool is to be based on the most current
version of the United States Medical Eligibility Criteria
for Contraceptive Use published by the federal Centers for
Disease Control and Prevention;
(4) based upon the results of the self-screening risk
assessment and the patient assessment, the pharmacist
shall use his or her professional and clinical judgment as
to when a patient should be referred to the patient's
physician or another health care provider;
(5) a pharmacist shall provide, during the patient
assessment and consultation, counseling and education
about all methods of contraception, including methods not
covered under the standing order, and their proper use and
effectiveness;
(6) the patient consultation shall take place in a
private manner; and
(7) a pharmacist and pharmacy must maintain
appropriate records.
(b) The Department may adopt rules to implement this
Section.
(c) Nothing in this Section shall be interpreted to
require a pharmacist to dispense hormonal contraception under
a standing order issued by a physician licensed to practice
medicine in all its branches or the medical director of a local

health department.
(Source: P.A. 102-103, eff. 1-1-22.)
(225 ILCS 85/44)
(Section scheduled to be repealed on January 1, 2023)
Sec. 44 43. Disclosure of pharmacy retail price.
(a) For the purpose of this Section:
"Pharmacy retail price" means the price an individual
without prescription drug coverage or not using any other
prescription medication benefit or discount would pay at a
retail pharmacy, not including a pharmacist dispensing fee.
"Cost-sharing amount" means the amount owed by a
policyholder under the terms of his or her health insurance
policy or as required by a pharmacy benefit manager as defined
in subsection (a) of Section 513b1 of the Illinois Insurance
Code.
(b) A pharmacist or his or her authorized employee must
disclose to the consumer at the point of sale the current
pharmacy retail price for each prescription medication the
consumer intends to purchase. If the consumer's cost-sharing
amount for a prescription exceeds the current pharmacy retail
price, the pharmacist or his or her authorized employee must
disclose to the consumer that the pharmacy retail price is
less than the patient's cost-sharing amount.
(Source: P.A. 102-400, eff. 1-1-22; revised 11-4-21.)

Section 475. The Landscape Architecture Registration Act
is amended by changing Section 125 as follows:
(225 ILCS 316/125)
(Section scheduled to be repealed on January 1, 2027)
Sec. 125. Restoration of suspended or revoked
registration.
(a) At any time after the successful completion of a term
of probation, suspension, or revocation of a registration
under this Act, the Department may restore it to the
registrant unless after an investigation and hearing the
Department determines that restoration is not in the public
interest.
(b) Where circumstances of suspension or revocation so
indicate, the Department may require an examination of the
registrant prior to restoring his or her registration.
(c) No person whose registration has been revoked as
authorized in this Act may apply for restoration of that
registration until such time as provided for in the Civil
Administrative Code of Illinois.
(d) A registration that has been suspended or revoked
shall be considered nonrenewed for purposes of restoration and
a person registration restoring a their registration from
suspension or revocation must comply with the requirements for
restoration as set forth in Section 50 of this Act and any
rules adopted pursuant to this Act.

(Source: P.A. 102-284, eff. 8-6-21; revised 1-9-22.)
Section 480. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Section 5-10 as follows:
(225 ILCS 447/5-10)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-10. Definitions. As used in this Act:
"Address of record" means the designated address recorded
by the Department in the applicant's application file or the
licensee's license file, as maintained by the Department's
licensure maintenance unit.
"Advertisement" means any public media, including printed
or electronic material, that is published or displayed in a
phone book, newspaper, magazine, pamphlet, newsletter,
website, or other similar type of publication or electronic
format that is intended to either attract business or merely
provide contact information to the public for an agency or
licensee. Advertisement shall not include a licensee's or an
agency's letterhead, business cards, or other stationery used
in routine business correspondence or customary name, address,
and number type listings in a telephone directory.
"Alarm system" means any system, including an electronic
access control system, a surveillance video system, a security
video system, a burglar alarm system, a fire alarm system, or

any other electronic system that activates an audible,
visible, remote, or recorded signal that is designed for the
protection or detection of intrusion, entry, theft, fire,
vandalism, escape, or trespass, or other electronic systems
designed for the protection of life by indicating the
existence of an emergency situation. "Alarm system" also
includes an emergency communication system and a mass
notification system.
"Applicant" means a person or business applying for
licensure, registration, or authorization under this Act. Any
applicant or person who holds himself or herself out as an
applicant is considered a licensee or registrant for the
purposes of enforcement, investigation, hearings, and the
Illinois Administrative Procedure Act.
"Armed employee" means a licensee or registered person who
is employed by an agency licensed or an armed proprietary
security force registered under this Act who carries a weapon
while engaged in the performance of official duties within the
course and scope of his or her employment during the hours and
times the employee is scheduled to work or is commuting
between his or her home or place of employment.
"Armed proprietary security force" means a security force
made up of one or more armed individuals employed by a
commercial or industrial operation or by a financial
institution as security officers for the protection of persons
or property.

"Board" means the Private Detective, Private Alarm,
Private Security, Fingerprint Vendor, and Locksmith Board.
"Branch office" means a business location removed from the
place of business for which an agency license has been issued,
including, but not limited to, locations where active employee
records that are required to be maintained under this Act are
kept, where prospective new employees are processed, or where
members of the public are invited in to transact business. A
branch office does not include an office or other facility
located on the property of an existing client that is utilized
solely for the benefit of that client and is not owned or
leased by the agency.
"Canine handler" means a person who uses or handles a
trained dog to protect persons or property or to conduct
investigations.
"Canine handler authorization card" means a card issued by
the Department that authorizes the holder to use or handle a
trained dog to protect persons or property or to conduct
investigations during the performance of his or her duties as
specified in this Act.
"Canine trainer" means a person who acts as a dog trainer
for the purpose of training dogs to protect persons or
property or to conduct investigations.
"Canine trainer authorization card" means a card issued by
the Department that authorizes the holder to train a dog to
protect persons or property or to conduct investigations

during the performance of his or her duties as specified in
this Act.
"Canine training facility" means a facility operated by a
licensed private detective agency or private security
contractor agency wherein dogs are trained for the purposes of
protecting persons or property or to conduct investigations.
"Corporation" means an artificial person or legal entity
created by or under the authority of the laws of a state,
including without limitation a corporation, limited liability
company, or any other legal entity.
"Department" means the Department of Financial and
Professional Regulation.
"Emergency communication system" means any system that
communicates information about emergencies, including but not
limited to fire, terrorist activities, shootings, other
dangerous situations, accidents, and natural disasters.
"Employee" means a person who works for a person or agency
that has the right to control the details of the work performed
and is not dependent upon whether or not federal or state
payroll taxes are withheld.
"Fingerprint vendor" means a person that offers,
advertises, or provides services to fingerprint individuals,
through electronic or other means, for the purpose of
providing fingerprint images and associated demographic data
to the Illinois State Police for processing fingerprint based
criminal history record information inquiries.

"Fingerprint vendor agency" means a person, firm,
corporation, or other legal entity that engages in the
fingerprint vendor business and employs, in addition to the
fingerprint vendor licensee-in-charge, at least one other
person in conducting that business.
"Fingerprint vendor licensee-in-charge" means a person who
has been designated by a fingerprint vendor agency to be the
licensee-in-charge of an agency who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act.
The Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
"Fire alarm system" means any system that is activated by
an automatic or manual device in the detection of smoke, heat,
or fire that activates an audible, visible, or remote signal
requiring a response.
"Firearm control card" means a card issued by the
Department that authorizes the holder, who has complied with
the training and other requirements of this Act, to carry a
weapon during the performance of his or her duties as
specified in this Act.
"Firm" means an unincorporated business entity, including
but not limited to proprietorships and partnerships.
"Licensee" means a person or business licensed under this

Act. Anyone who holds himself or herself out as a licensee or
who is accused of unlicensed practice is considered a licensee
for purposes of enforcement, investigation, hearings, and the
Illinois Administrative Procedure Act.
"Locksmith" means a person who engages in a business or
holds himself out to the public as providing a service that
includes, but is not limited to, the servicing, installing,
originating first keys, re-coding, repairing, maintaining,
manipulating, or bypassing of a mechanical or electronic
locking device, access control or video surveillance system at
premises, vehicles, safes, vaults, safe deposit boxes, or
automatic teller machines.
"Locksmith agency" means a person, firm, corporation, or
other legal entity that engages in the locksmith business and
employs, in addition to the locksmith licensee-in-charge, at
least one other person in conducting such business.
"Locksmith licensee-in-charge" means a person who has been
designated by agency to be the licensee-in-charge of an
agency, who is a full-time management employee or owner who
assumes sole responsibility for maintaining all records
required by this Act, and who assumes sole responsibility for
assuring the licensed agency's compliance with its
responsibilities as stated in this Act. The Department shall
adopt rules mandating licensee-in-charge participation in
agency affairs.
"Mass notification system" means any system that is used

to provide information and instructions to people in a
building or other space using voice communications, including
visible signals, text, graphics, tactile, or other
communication methods.
"Peace officer" or "police officer" means a person who, by
virtue of office or public employment, is vested by law with a
duty to maintain public order or to make arrests for offenses,
whether that duty extends to all offenses or is limited to
specific offenses. Officers, agents, or employees of the
federal government commissioned by federal statute to make
arrests for violations of federal laws are considered peace
officers.
"Permanent employee registration card" means a card issued
by the Department to an individual who has applied to the
Department and meets the requirements for employment by a
licensed agency under this Act.
"Person" means a natural person.
"Private alarm contractor" means a person who engages in a
business that individually or through others undertakes,
offers to undertake, purports to have the capacity to
undertake, or submits a bid to sell, install, design, monitor,
maintain, test, inspect, alter, repair, replace, or service
alarm and other security-related systems or parts thereof,
including fire alarm systems, at protected premises or
premises to be protected or responds to alarm systems at a
protected premises on an emergency basis and not as a

full-time security officer. "Private alarm contractor" does
not include a person, firm, or corporation that manufactures
or sells alarm systems only from its place of business and does
not sell, install, monitor, maintain, alter, repair, replace,
service, or respond to alarm systems at protected premises or
premises to be protected.
"Private alarm contractor agency" means a person,
corporation, or other entity that engages in the private alarm
contracting business and employs, in addition to the private
alarm contractor-in-charge, at least one other person in
conducting such business.
"Private alarm contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act.
The Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
"Private detective" means any person who by any means,
including, but not limited to, manual, canine odor detection,
or electronic methods, engages in the business of, accepts
employment to furnish, or agrees to make or makes
investigations for a fee or other consideration to obtain
information relating to:

(1) Crimes or wrongs done or threatened against the
United States, any state or territory of the United
States, or any local government of a state or territory.
(2) The identity, habits, conduct, business
occupation, honesty, integrity, credibility, knowledge,
trustworthiness, efficiency, loyalty, activity,
movements, whereabouts, affiliations, associations,
transactions, acts, reputation, or character of any
person, firm, or other entity by any means, manual or
electronic.
(3) The location, disposition, or recovery of lost or
stolen property.
(4) The cause, origin, or responsibility for fires,
accidents, or injuries to individuals or real or personal
property.
(5) The truth or falsity of any statement or
representation.
(6) Securing evidence to be used before any court,
board, or investigating body.
(7) The protection of individuals from bodily harm or
death (bodyguard functions).
(8) Service of process in criminal and civil
proceedings.
"Private detective agency" means a person, firm,
corporation, or other legal entity that engages in the private
detective business and employs, in addition to the

licensee-in-charge, one or more persons in conducting such
business.
"Private detective licensee-in-charge" means a person who
has been designated by an agency to be the licensee-in-charge
of an agency, who is a full-time management employee or owner
who assumes sole responsibility for maintaining all records
required by this Act, and who assumes sole responsibility for
assuring the licensed agency's compliance with its
responsibilities as stated in this Act. The Department shall
adopt rules mandating licensee-in-charge participation in
agency affairs.
"Private security contractor" means a person who engages
in the business of providing a private security officer,
watchman, patrol, guard dog, canine odor detection, or a
similar service by any other title or name on a contractual
basis for another person, firm, corporation, or other entity
for a fee or other consideration and performing one or more of
the following functions:
(1) The prevention or detection of intrusion, entry,
theft, vandalism, abuse, fire, or trespass on private or
governmental property.
(2) The prevention, observation, or detection of any
unauthorized activity on private or governmental property.
(3) The protection of persons authorized to be on the
premises of the person, firm, or other entity for which
the security contractor contractually provides security

services.
(4) The prevention of the misappropriation or
concealment of goods, money, bonds, stocks, notes,
documents, or papers.
(5) The control, regulation, or direction of the
movement of the public for the time specifically required
for the protection of property owned or controlled by the
client.
(6) The protection of individuals from bodily harm or
death (bodyguard functions).
"Private security contractor agency" means a person, firm,
corporation, or other legal entity that engages in the private
security contractor business and that employs, in addition to
the licensee-in-charge, one or more persons in conducting such
business.
"Private security contractor licensee-in-charge" means a
person who has been designated by an agency to be the
licensee-in-charge of an agency, who is a full-time management
employee or owner who assumes sole responsibility for
maintaining all records required by this Act, and who assumes
sole responsibility for assuring the licensed agency's
compliance with its responsibilities as stated in this Act.
The Department shall adopt rules mandating licensee-in-charge
participation in agency affairs.
"Public member" means a person who is not a licensee or
related to a licensee, or who is not an employer or employee of

a licensee. The term "related to" shall be determined by the
rules of the Department.
"Secretary" means the Secretary of the Department of
Financial and Professional Regulation.
(Source: P.A. 102-152, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-26-21.)
Section 485. The Real Estate Appraiser Licensing Act of
2002 is amended by changing Section 5-22 as follows:
(225 ILCS 458/5-22)
(Section scheduled to be repealed on January 1, 2027)
Sec. 5-22. Criminal history records check.
(a) An application for licensure by examination or
restoration shall include the applicant's fingerprints
submitted to the Illinois State Police in an electronic format
that complies with the form and manner for requesting and
furnishing criminal history record information as prescribed
by the Illinois State Police. These fingerprints shall be
checked against the Illinois State Police and Federal Bureau
of Investigation criminal history record databases now and
hereafter filed. The Illinois State Police shall charge
applicants a fee for conducting the criminal history records
check, which shall be deposited into the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall furnish, pursuant to positive

identification, records of Illinois convictions to the
Department. The Department may require applicants to pay a
separate fingerprinting fee, either to the Department or to a
vendor. The Department may adopt any rules necessary to
implement this Section.
(b) The Secretary may designate a multi-state licensing
system to perform the functions described in subsection (a).
The Department may require applicants to pay a separate
fingerprinting fee, either to the Department or to the
multi-state licensing system. The Department may adopt any
rules necessary to implement this subsection.
(c) The Department shall not consider the following
criminal history records in connection with an application for
licensure:
(1) juvenile adjudications of delinquent minors as
defined in Section 5-105 of the Juvenile Court Act of 1987
subject to the restrictions set forth in Section 5-130 of
that Act;
(2) law enforcement records, court records, and
conviction records of an individual who was 17 years old
at the time of the offense and before January 1, 2014,
unless the nature of the offense required the individual
to be tried as an adult;
(3) records of arrest not followed by a charge or
conviction;
(4) records of arrest in which the charges were

dismissed unless related to the practice of the
profession; however, applicants shall not be asked to
report any arrests, and an arrest not followed by a
conviction shall not be the basis of a denial and may be
used only to assess an applicant's rehabilitation;
(5) convictions overturned by a higher court; or
(6) convictions or arrests that have been sealed or
expunged.
(d) If an applicant makes a false statement of material
fact on the application, the false statement may in itself be
sufficient grounds to revoke or refuse to issue a license.
(e) An applicant or licensee shall report to the
Department, in a manner prescribed by the Department, upon
application and within 30 days after the occurrence, if during
the term of licensure, (i) any conviction of or plea of guilty
or nolo contendere to forgery, embezzlement, obtaining money
under false pretenses, larceny, extortion, conspiracy to
defraud, or any similar offense or offenses or any conviction
of a felony involving moral turpitude, (ii) the entry of an
administrative sanction by a government agency in this State
or any other jurisdiction that has as an essential element
dishonesty or fraud or involves larceny, embezzlement, or
obtaining money, property, or credit by false pretenses, or
(iii) a crime that subjects the licensee to compliance with
the requirements of the Sex Offender Registration Act.
(Source: P.A. 102-20, eff. 1-1-22; 102-538, eff. 8-20-21;

revised 1-4-22.)
Section 490. The Illinois Horse Racing Act of 1975 is
amended by changing Sections 26 and 28 as follows:
(230 ILCS 5/26) (from Ch. 8, par. 37-26)
Sec. 26. Wagering.
(a) Any licensee may conduct and supervise the pari-mutuel
system of wagering, as defined in Section 3.12 of this Act, on
horse races conducted by an Illinois organization licensee or
conducted at a racetrack located in another state or country
in accordance with subsection (g) of Section 26 of this Act.
Subject to the prior consent of the Board, licensees may
supplement any pari-mutuel pool in order to guarantee a
minimum distribution. Such pari-mutuel method of wagering
shall not, under any circumstances if conducted under the
provisions of this Act, be held or construed to be unlawful,
other statutes of this State to the contrary notwithstanding.
Subject to rules for advance wagering promulgated by the
Board, any licensee may accept wagers in advance of the day of
the race wagered upon occurs.
(b) Except for those gaming activities for which a license
is obtained and authorized under the Illinois Lottery Law, the
Charitable Games Act, the Raffles and Poker Runs Act, or the
Illinois Gambling Act, no other method of betting, pool
making, wagering or gambling shall be used or permitted by the

licensee. Each licensee may retain, subject to the payment of
all applicable taxes and purses, an amount not to exceed 17% of
all money wagered under subsection (a) of this Section, except
as may otherwise be permitted under this Act.
(b-5) An individual may place a wager under the
pari-mutuel system from any licensed location authorized under
this Act provided that wager is electronically recorded in the
manner described in Section 3.12 of this Act. Any wager made
electronically by an individual while physically on the
premises of a licensee shall be deemed to have been made at the
premises of that licensee.
(c) (Blank).
(c-5) The sum held by any licensee for payment of
outstanding pari-mutuel tickets, if unclaimed prior to
December 31 of the next year, shall be retained by the licensee
for payment of such tickets until that date. Within 10 days
thereafter, the balance of such sum remaining unclaimed, less
any uncashed supplements contributed by such licensee for the
purpose of guaranteeing minimum distributions of any
pari-mutuel pool, shall be evenly distributed to the purse
account of the organization licensee and the organization
licensee, except that the balance of the sum of all
outstanding pari-mutuel tickets generated from simulcast
wagering and inter-track wagering by an organization licensee
located in a county with a population in excess of 230,000 and
borders the Mississippi River or any licensee that derives its

license from that organization licensee shall be evenly
distributed to the purse account of the organization licensee
and the organization licensee.
(d) A pari-mutuel ticket shall be honored until December
31 of the next calendar year, and the licensee shall pay the
same and may charge the amount thereof against unpaid money
similarly accumulated on account of pari-mutuel tickets not
presented for payment.
(e) No licensee shall knowingly permit any minor, other
than an employee of such licensee or an owner, trainer,
jockey, driver, or employee thereof, to be admitted during a
racing program unless accompanied by a parent or guardian, or
any minor to be a patron of the pari-mutuel system of wagering
conducted or supervised by it. The admission of any
unaccompanied minor, other than an employee of the licensee or
an owner, trainer, jockey, driver, or employee thereof at a
race track is a Class C misdemeanor.
(f) Notwithstanding the other provisions of this Act, an
organization licensee may contract with an entity in another
state or country to permit any legal wagering entity in
another state or country to accept wagers solely within such
other state or country on races conducted by the organization
licensee in this State. Beginning January 1, 2000, these
wagers shall not be subject to State taxation. Until January
1, 2000, when the out-of-State entity conducts a pari-mutuel
pool separate from the organization licensee, a privilege tax

equal to 7 1/2% of all monies received by the organization
licensee from entities in other states or countries pursuant
to such contracts is imposed on the organization licensee, and
such privilege tax shall be remitted to the Department of
Revenue within 48 hours of receipt of the moneys from the
simulcast. When the out-of-State entity conducts a combined
pari-mutuel pool with the organization licensee, the tax shall
be 10% of all monies received by the organization licensee
with 25% of the receipts from this 10% tax to be distributed to
the county in which the race was conducted.
An organization licensee may permit one or more of its
races to be utilized for pari-mutuel wagering at one or more
locations in other states and may transmit audio and visual
signals of races the organization licensee conducts to one or
more locations outside the State or country and may also
permit pari-mutuel pools in other states or countries to be
combined with its gross or net wagering pools or with wagering
pools established by other states.
(g) A host track may accept interstate simulcast wagers on
horse races conducted in other states or countries and shall
control the number of signals and types of breeds of racing in
its simulcast program, subject to the disapproval of the
Board. The Board may prohibit a simulcast program only if it
finds that the simulcast program is clearly adverse to the
integrity of racing. The host track simulcast program shall
include the signal of live racing of all organization

licensees. All non-host licensees and advance deposit wagering
licensees shall carry the signal of and accept wagers on live
racing of all organization licensees. Advance deposit wagering
licensees shall not be permitted to accept out-of-state wagers
on any Illinois signal provided pursuant to this Section
without the approval and consent of the organization licensee
providing the signal. For one year after August 15, 2014 (the
effective date of Public Act 98-968), non-host licensees may
carry the host track simulcast program and shall accept wagers
on all races included as part of the simulcast program of horse
races conducted at race tracks located within North America
upon which wagering is permitted. For a period of one year
after August 15, 2014 (the effective date of Public Act
98-968), on horse races conducted at race tracks located
outside of North America, non-host licensees may accept wagers
on all races included as part of the simulcast program upon
which wagering is permitted. Beginning August 15, 2015 (one
year after the effective date of Public Act 98-968), non-host
licensees may carry the host track simulcast program and shall
accept wagers on all races included as part of the simulcast
program upon which wagering is permitted. All organization
licensees shall provide their live signal to all advance
deposit wagering licensees for a simulcast commission fee not
to exceed 6% of the advance deposit wagering licensee's
Illinois handle on the organization licensee's signal without
prior approval by the Board. The Board may adopt rules under

which it may permit simulcast commission fees in excess of 6%.
The Board shall adopt rules limiting the interstate commission
fees charged to an advance deposit wagering licensee. The
Board shall adopt rules regarding advance deposit wagering on
interstate simulcast races that shall reflect, among other
things, the General Assembly's desire to maximize revenues to
the State, horsemen purses, and organization licensees.
However, organization licensees providing live signals
pursuant to the requirements of this subsection (g) may
petition the Board to withhold their live signals from an
advance deposit wagering licensee if the organization licensee
discovers and the Board finds reputable or credible
information that the advance deposit wagering licensee is
under investigation by another state or federal governmental
agency, the advance deposit wagering licensee's license has
been suspended in another state, or the advance deposit
wagering licensee's license is in revocation proceedings in
another state. The organization licensee's provision of their
live signal to an advance deposit wagering licensee under this
subsection (g) pertains to wagers placed from within Illinois.
Advance deposit wagering licensees may place advance deposit
wagering terminals at wagering facilities as a convenience to
customers. The advance deposit wagering licensee shall not
charge or collect any fee from purses for the placement of the
advance deposit wagering terminals. The costs and expenses of
the host track and non-host licensees associated with

interstate simulcast wagering, other than the interstate
commission fee, shall be borne by the host track and all
non-host licensees incurring these costs. The interstate
commission fee shall not exceed 5% of Illinois handle on the
interstate simulcast race or races without prior approval of
the Board. The Board shall promulgate rules under which it may
permit interstate commission fees in excess of 5%. The
interstate commission fee and other fees charged by the
sending racetrack, including, but not limited to, satellite
decoder fees, shall be uniformly applied to the host track and
all non-host licensees.
Notwithstanding any other provision of this Act, an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may maintain a
system whereby advance deposit wagering may take place or an
organization licensee, with the consent of the horsemen
association representing the largest number of owners,
trainers, jockeys, or standardbred drivers who race horses at
that organization licensee's racing meeting, may contract with
another person to carry out a system of advance deposit
wagering. Such consent may not be unreasonably withheld. Only
with respect to an appeal to the Board that consent for an
organization licensee that maintains its own advance deposit
wagering system is being unreasonably withheld, the Board

shall issue a final order within 30 days after initiation of
the appeal, and the organization licensee's advance deposit
wagering system may remain operational during that 30-day
period. The actions of any organization licensee who conducts
advance deposit wagering or any person who has a contract with
an organization licensee to conduct advance deposit wagering
who conducts advance deposit wagering on or after January 1,
2013 and prior to June 7, 2013 (the effective date of Public
Act 98-18) taken in reliance on the changes made to this
subsection (g) by Public Act 98-18 are hereby validated,
provided payment of all applicable pari-mutuel taxes are
remitted to the Board. All advance deposit wagers placed from
within Illinois must be placed through a Board-approved
advance deposit wagering licensee; no other entity may accept
an advance deposit wager from a person within Illinois. All
advance deposit wagering is subject to any rules adopted by
the Board. The Board may adopt rules necessary to regulate
advance deposit wagering through the use of emergency
rulemaking in accordance with Section 5-45 of the Illinois
Administrative Procedure Act. The General Assembly finds that
the adoption of rules to regulate advance deposit wagering is
deemed an emergency and necessary for the public interest,
safety, and welfare. An advance deposit wagering licensee may
retain all moneys as agreed to by contract with an
organization licensee. Any moneys retained by the organization
licensee from advance deposit wagering, not including moneys

retained by the advance deposit wagering licensee, shall be
paid 50% to the organization licensee's purse account and 50%
to the organization licensee. With the exception of any
organization licensee that is owned by a publicly traded
company that is incorporated in a state other than Illinois
and advance deposit wagering licensees under contract with
such organization licensees, organization licensees that
maintain advance deposit wagering systems and advance deposit
wagering licensees that contract with organization licensees
shall provide sufficiently detailed monthly accountings to the
horsemen association representing the largest number of
owners, trainers, jockeys, or standardbred drivers who race
horses at that organization licensee's racing meeting so that
the horsemen association, as an interested party, can confirm
the accuracy of the amounts paid to the purse account at the
horsemen association's affiliated organization licensee from
advance deposit wagering. If more than one breed races at the
same race track facility, then the 50% of the moneys to be paid
to an organization licensee's purse account shall be allocated
among all organization licensees' purse accounts operating at
that race track facility proportionately based on the actual
number of host days that the Board grants to that breed at that
race track facility in the current calendar year. To the
extent any fees from advance deposit wagering conducted in
Illinois for wagers in Illinois or other states have been
placed in escrow or otherwise withheld from wagers pending a

determination of the legality of advance deposit wagering, no
action shall be brought to declare such wagers or the
disbursement of any fees previously escrowed illegal.
(1) Between the hours of 6:30 a.m. and 6:30 p.m. an
inter-track wagering licensee other than the host track
may supplement the host track simulcast program with
additional simulcast races or race programs, provided that
between January 1 and the third Friday in February of any
year, inclusive, if no live thoroughbred racing is
occurring in Illinois during this period, only
thoroughbred races may be used for supplemental interstate
simulcast purposes. The Board shall withhold approval for
a supplemental interstate simulcast only if it finds that
the simulcast is clearly adverse to the integrity of
racing. A supplemental interstate simulcast may be
transmitted from an inter-track wagering licensee to its
affiliated non-host licensees. The interstate commission
fee for a supplemental interstate simulcast shall be paid
by the non-host licensee and its affiliated non-host
licensees receiving the simulcast.
(2) Between the hours of 6:30 p.m. and 6:30 a.m. an
inter-track wagering licensee other than the host track
may receive supplemental interstate simulcasts only with
the consent of the host track, except when the Board finds
that the simulcast is clearly adverse to the integrity of
racing. Consent granted under this paragraph (2) to any

inter-track wagering licensee shall be deemed consent to
all non-host licensees. The interstate commission fee for
the supplemental interstate simulcast shall be paid by all
participating non-host licensees.
(3) Each licensee conducting interstate simulcast
wagering may retain, subject to the payment of all
applicable taxes and the purses, an amount not to exceed
17% of all money wagered. If any licensee conducts the
pari-mutuel system wagering on races conducted at
racetracks in another state or country, each such race or
race program shall be considered a separate racing day for
the purpose of determining the daily handle and computing
the privilege tax of that daily handle as provided in
subsection (a) of Section 27. Until January 1, 2000, from
the sums permitted to be retained pursuant to this
subsection, each inter-track wagering location licensee
shall pay 1% of the pari-mutuel handle wagered on
simulcast wagering to the Horse Racing Tax Allocation
Fund, subject to the provisions of subparagraph (B) of
paragraph (11) of subsection (h) of Section 26 of this
Act.
(4) A licensee who receives an interstate simulcast
may combine its gross or net pools with pools at the
sending racetracks pursuant to rules established by the
Board. All licensees combining their gross pools at a
sending racetrack shall adopt the takeout percentages of

the sending racetrack. A licensee may also establish a
separate pool and takeout structure for wagering purposes
on races conducted at race tracks outside of the State of
Illinois. The licensee may permit pari-mutuel wagers
placed in other states or countries to be combined with
its gross or net wagering pools or other wagering pools.
(5) After the payment of the interstate commission fee
(except for the interstate commission fee on a
supplemental interstate simulcast, which shall be paid by
the host track and by each non-host licensee through the
host track) and all applicable State and local taxes,
except as provided in subsection (g) of Section 27 of this
Act, the remainder of moneys retained from simulcast
wagering pursuant to this subsection (g), and Section 26.2
shall be divided as follows:
(A) For interstate simulcast wagers made at a host
track, 50% to the host track and 50% to purses at the
host track.
(B) For wagers placed on interstate simulcast
races, supplemental simulcasts as defined in
subparagraphs (1) and (2), and separately pooled races
conducted outside of the State of Illinois made at a
non-host licensee, 25% to the host track, 25% to the
non-host licensee, and 50% to the purses at the host
track.
(6) Notwithstanding any provision in this Act to the

contrary, non-host licensees who derive their licenses
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
may receive supplemental interstate simulcast races at all
times subject to Board approval, which shall be withheld
only upon a finding that a supplemental interstate
simulcast is clearly adverse to the integrity of racing.
(7) Effective January 1, 2017, notwithstanding any
provision of this Act to the contrary, after payment of
all applicable State and local taxes and interstate
commission fees, non-host licensees who derive their
licenses from a track located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall retain 50% of the retention from
interstate simulcast wagers and shall pay 50% to purses at
the track from which the non-host licensee derives its
license.
(7.1) Notwithstanding any other provision of this Act
to the contrary, if no standardbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses
and (2) are generated between the hours of 6:30 p.m. and
6:30 a.m. during that calendar year shall be paid as
follows:

(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as
many racing dates as were conducted in calendar year
2000, 80% shall be paid to its thoroughbred purse
account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund and shall
be paid to purses for standardbred races for Illinois
conceived and foaled horses conducted at any county
fairgrounds. The moneys deposited into the Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to standardbred purses under this Act, and
shall not be commingled with other moneys paid into
that Fund. The moneys deposited pursuant to this
subparagraph (B) shall be allocated as provided by the
Department of Agriculture, with the advice and
assistance of the Illinois Standardbred Breeders Fund
Advisory Board.
(7.2) Notwithstanding any other provision of this Act
to the contrary, if no thoroughbred racing is conducted at
a racetrack located in Madison County during any calendar
year beginning on or after January 1, 2002, all moneys
derived by that racetrack from simulcast wagering and
inter-track wagering that (1) are to be used for purses

and (2) are generated between the hours of 6:30 a.m. and
6:30 p.m. during that calendar year shall be deposited as
follows:
(A) If the licensee that conducts horse racing at
that racetrack requests from the Board at least as
many racing dates as were conducted in calendar year
2000, 80% shall be deposited into its standardbred
purse account; and
(B) Twenty percent shall be deposited into the
Illinois Colt Stakes Purse Distribution Fund. Moneys
deposited into the Illinois Colt Stakes Purse
Distribution Fund pursuant to this subparagraph (B)
shall be paid to Illinois conceived and foaled
thoroughbred breeders' programs and to thoroughbred
purses for races conducted at any county fairgrounds
for Illinois conceived and foaled horses at the
discretion of the Department of Agriculture, with the
advice and assistance of the Illinois Thoroughbred
Breeders Fund Advisory Board. The moneys deposited
into the Illinois Colt Stakes Purse Distribution Fund
pursuant to this subparagraph (B) shall be deposited
within 2 weeks after the day they were generated,
shall be in addition to and not in lieu of any other
moneys paid to thoroughbred purses under this Act, and
shall not be commingled with other moneys deposited
into that Fund.

(8) Notwithstanding any provision in this Act to the
contrary, an organization licensee from a track located in
a county with a population in excess of 230,000 and that
borders the Mississippi River and its affiliated non-host
licensees shall not be entitled to share in any retention
generated on racing, inter-track wagering, or simulcast
wagering at any other Illinois wagering facility.
(8.1) Notwithstanding any provisions in this Act to
the contrary, if 2 organization licensees are conducting
standardbred race meetings concurrently between the hours
of 6:30 p.m. and 6:30 a.m., after payment of all
applicable State and local taxes and interstate commission
fees, the remainder of the amount retained from simulcast
wagering otherwise attributable to the host track and to
host track purses shall be split daily between the 2
organization licensees and the purses at the tracks of the
2 organization licensees, respectively, based on each
organization licensee's share of the total live handle for
that day, provided that this provision shall not apply to
any non-host licensee that derives its license from a
track located in a county with a population in excess of
230,000 and that borders the Mississippi River.
(9) (Blank).
(10) (Blank).
(11) (Blank).
(12) The Board shall have authority to compel all host

tracks to receive the simulcast of any or all races
conducted at the Springfield or DuQuoin State fairgrounds
and include all such races as part of their simulcast
programs.
(13) Notwithstanding any other provision of this Act,
in the event that the total Illinois pari-mutuel handle on
Illinois horse races at all wagering facilities in any
calendar year is less than 75% of the total Illinois
pari-mutuel handle on Illinois horse races at all such
wagering facilities for calendar year 1994, then each
wagering facility that has an annual total Illinois
pari-mutuel handle on Illinois horse races that is less
than 75% of the total Illinois pari-mutuel handle on
Illinois horse races at such wagering facility for
calendar year 1994, shall be permitted to receive, from
any amount otherwise payable to the purse account at the
race track with which the wagering facility is affiliated
in the succeeding calendar year, an amount equal to 2% of
the differential in total Illinois pari-mutuel handle on
Illinois horse races at the wagering facility between that
calendar year in question and 1994 provided, however, that
a wagering facility shall not be entitled to any such
payment until the Board certifies in writing to the
wagering facility the amount to which the wagering
facility is entitled and a schedule for payment of the
amount to the wagering facility, based on: (i) the racing

dates awarded to the race track affiliated with the
wagering facility during the succeeding year; (ii) the
sums available or anticipated to be available in the purse
account of the race track affiliated with the wagering
facility for purses during the succeeding year; and (iii)
the need to ensure reasonable purse levels during the
payment period. The Board's certification shall be
provided no later than January 31 of the succeeding year.
In the event a wagering facility entitled to a payment
under this paragraph (13) is affiliated with a race track
that maintains purse accounts for both standardbred and
thoroughbred racing, the amount to be paid to the wagering
facility shall be divided between each purse account pro
rata, based on the amount of Illinois handle on Illinois
standardbred and thoroughbred racing respectively at the
wagering facility during the previous calendar year.
Annually, the General Assembly shall appropriate
sufficient funds from the General Revenue Fund to the
Department of Agriculture for payment into the
thoroughbred and standardbred horse racing purse accounts
at Illinois pari-mutuel tracks. The amount paid to each
purse account shall be the amount certified by the
Illinois Racing Board in January to be transferred from
each account to each eligible racing facility in
accordance with the provisions of this Section. Beginning
in the calendar year in which an organization licensee

that is eligible to receive payment under this paragraph
(13) begins to receive funds from gaming pursuant to an
organization gaming license issued under the Illinois
Gambling Act, the amount of the payment due to all
wagering facilities licensed under that organization
licensee under this paragraph (13) shall be the amount
certified by the Board in January of that year. An
organization licensee and its related wagering facilities
shall no longer be able to receive payments under this
paragraph (13) beginning in the year subsequent to the
first year in which the organization licensee begins to
receive funds from gaming pursuant to an organization
gaming license issued under the Illinois Gambling Act.
(h) The Board may approve and license the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location licensees
subject to the following terms and conditions:
(1) Any person licensed to conduct a race meeting (i)
at a track where 60 or more days of racing were conducted
during the immediately preceding calendar year or where
over the 5 immediately preceding calendar years an average
of 30 or more days of racing were conducted annually may be
issued an inter-track wagering license; (ii) at a track
located in a county that is bounded by the Mississippi
River, which has a population of less than 150,000
according to the 1990 decennial census, and an average of

at least 60 days of racing per year between 1985 and 1993
may be issued an inter-track wagering license; (iii) at a
track awarded standardbred racing dates; or (iv) at a
track located in Madison County that conducted at least
100 days of live racing during the immediately preceding
calendar year may be issued an inter-track wagering
license, unless a lesser schedule of live racing is the
result of (A) weather, unsafe track conditions, or other
acts of God; (B) an agreement between the organization
licensee and the associations representing the largest
number of owners, trainers, jockeys, or standardbred
drivers who race horses at that organization licensee's
racing meeting; or (C) a finding by the Board of
extraordinary circumstances and that it was in the best
interest of the public and the sport to conduct fewer than
100 days of live racing. Any such person having operating
control of the racing facility may receive inter-track
wagering location licenses. An eligible race track located
in a county that has a population of more than 230,000 and
that is bounded by the Mississippi River may establish up
to 9 inter-track wagering locations, an eligible race
track located in Stickney Township in Cook County may
establish up to 16 inter-track wagering locations, and an
eligible race track located in Palatine Township in Cook
County may establish up to 18 inter-track wagering
locations. An eligible racetrack conducting standardbred

racing may have up to 16 inter-track wagering locations.
An application for said license shall be filed with the
Board prior to such dates as may be fixed by the Board.
With an application for an inter-track wagering location
license there shall be delivered to the Board a certified
check or bank draft payable to the order of the Board for
an amount equal to $500. The application shall be on forms
prescribed and furnished by the Board. The application
shall comply with all other rules, regulations and
conditions imposed by the Board in connection therewith.
(2) The Board shall examine the applications with
respect to their conformity with this Act and the rules
and regulations imposed by the Board. If found to be in
compliance with the Act and rules and regulations of the
Board, the Board may then issue a license to conduct
inter-track wagering and simulcast wagering to such
applicant. All such applications shall be acted upon by
the Board at a meeting to be held on such date as may be
fixed by the Board.
(3) In granting licenses to conduct inter-track
wagering and simulcast wagering, the Board shall give due
consideration to the best interests of the public, of
horse racing, and of maximizing revenue to the State.
(4) Prior to the issuance of a license to conduct
inter-track wagering and simulcast wagering, the applicant
shall file with the Board a bond payable to the State of

Illinois in the sum of $50,000, executed by the applicant
and a surety company or companies authorized to do
business in this State, and conditioned upon (i) the
payment by the licensee of all taxes due under Section 27
or 27.1 and any other monies due and payable under this
Act, and (ii) distribution by the licensee, upon
presentation of the winning ticket or tickets, of all sums
payable to the patrons of pari-mutuel pools.
(5) Each license to conduct inter-track wagering and
simulcast wagering shall specify the person to whom it is
issued, the dates on which such wagering is permitted, and
the track or location where the wagering is to be
conducted.
(6) All wagering under such license is subject to this
Act and to the rules and regulations from time to time
prescribed by the Board, and every such license issued by
the Board shall contain a recital to that effect.
(7) An inter-track wagering licensee or inter-track
wagering location licensee may accept wagers at the track
or location where it is licensed, or as otherwise provided
under this Act.
(8) Inter-track wagering or simulcast wagering shall
not be conducted at any track less than 4 miles from a
track at which a racing meeting is in progress.
(8.1) Inter-track wagering location licensees who
derive their licenses from a particular organization

licensee shall conduct inter-track wagering and simulcast
wagering only at locations that are within 160 miles of
that race track where the particular organization licensee
is licensed to conduct racing. However, inter-track
wagering and simulcast wagering shall not be conducted by
those licensees at any location within 5 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent
to such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made. In the case of any inter-track
wagering location licensee initially licensed after
December 31, 2013, inter-track wagering and simulcast
wagering shall not be conducted by those inter-track
wagering location licensees that are located outside the
City of Chicago at any location within 8 miles of any race
track at which a horse race meeting has been licensed in
the current year, unless the person having operating
control of such race track has given its written consent
to such inter-track wagering location licensees, which
consent must be filed with the Board at or prior to the
time application is made.
(8.2) Inter-track wagering or simulcast wagering shall
not be conducted by an inter-track wagering location
licensee at any location within 100 feet of an existing

church, an existing elementary or secondary public school,
or an existing elementary or secondary private school
registered with or recognized by the State Board of
Education. The distance of 100 feet shall be measured to
the nearest part of any building used for worship
services, education programs, or conducting inter-track
wagering by an inter-track wagering location licensee, and
not to property boundaries. However, inter-track wagering
or simulcast wagering may be conducted at a site within
100 feet of a church or school if such church or school has
been erected or established after the Board issues the
original inter-track wagering location license at the site
in question. Inter-track wagering location licensees may
conduct inter-track wagering and simulcast wagering only
in areas that are zoned for commercial or manufacturing
purposes or in areas for which a special use has been
approved by the local zoning authority. However, no
license to conduct inter-track wagering and simulcast
wagering shall be granted by the Board with respect to any
inter-track wagering location within the jurisdiction of
any local zoning authority which has, by ordinance or by
resolution, prohibited the establishment of an inter-track
wagering location within its jurisdiction. However,
inter-track wagering and simulcast wagering may be
conducted at a site if such ordinance or resolution is
enacted after the Board licenses the original inter-track

wagering location licensee for the site in question.
(9) (Blank).
(10) An inter-track wagering licensee or an
inter-track wagering location licensee may retain, subject
to the payment of the privilege taxes and the purses, an
amount not to exceed 17% of all money wagered. Each
program of racing conducted by each inter-track wagering
licensee or inter-track wagering location licensee shall
be considered a separate racing day for the purpose of
determining the daily handle and computing the privilege
tax or pari-mutuel tax on such daily handle as provided in
Section 27.
(10.1) Except as provided in subsection (g) of Section
27 of this Act, inter-track wagering location licensees
shall pay 1% of the pari-mutuel handle at each location to
the municipality in which such location is situated and 1%
of the pari-mutuel handle at each location to the county
in which such location is situated. In the event that an
inter-track wagering location licensee is situated in an
unincorporated area of a county, such licensee shall pay
2% of the pari-mutuel handle from such location to such
county. Inter-track wagering location licensees must pay
the handle percentage required under this paragraph to the
municipality and county no later than the 20th of the
month following the month such handle was generated.
(10.2) Notwithstanding any other provision of this

Act, with respect to inter-track wagering at a race track
located in a county that has a population of more than
230,000 and that is bounded by the Mississippi River ("the
first race track"), or at a facility operated by an
inter-track wagering licensee or inter-track wagering
location licensee that derives its license from the
organization licensee that operates the first race track,
on races conducted at the first race track or on races
conducted at another Illinois race track and
simultaneously televised to the first race track or to a
facility operated by an inter-track wagering licensee or
inter-track wagering location licensee that derives its
license from the organization licensee that operates the
first race track, those moneys shall be allocated as
follows:
(A) That portion of all moneys wagered on
standardbred racing that is required under this Act to
be paid to purses shall be paid to purses for
standardbred races.
(B) That portion of all moneys wagered on
thoroughbred racing that is required under this Act to
be paid to purses shall be paid to purses for
thoroughbred races.
(11) (A) After payment of the privilege or pari-mutuel
tax, any other applicable taxes, and the costs and
expenses in connection with the gathering, transmission,

and dissemination of all data necessary to the conduct of
inter-track wagering, the remainder of the monies retained
under either Section 26 or Section 26.2 of this Act by the
inter-track wagering licensee on inter-track wagering
shall be allocated with 50% to be split between the 2
participating licensees and 50% to purses, except that an
inter-track wagering licensee that derives its license
from a track located in a county with a population in
excess of 230,000 and that borders the Mississippi River
shall not divide any remaining retention with the Illinois
organization licensee that provides the race or races, and
an inter-track wagering licensee that accepts wagers on
races conducted by an organization licensee that conducts
a race meet in a county with a population in excess of
230,000 and that borders the Mississippi River shall not
divide any remaining retention with that organization
licensee.
(B) From the sums permitted to be retained pursuant to
this Act each inter-track wagering location licensee shall
pay (i) the privilege or pari-mutuel tax to the State;
(ii) 4.75% of the pari-mutuel handle on inter-track
wagering at such location on races as purses, except that
an inter-track wagering location licensee that derives its
license from a track located in a county with a population
in excess of 230,000 and that borders the Mississippi
River shall retain all purse moneys for its own purse

account consistent with distribution set forth in this
subsection (h), and inter-track wagering location
licensees that accept wagers on races conducted by an
organization licensee located in a county with a
population in excess of 230,000 and that borders the
Mississippi River shall distribute all purse moneys to
purses at the operating host track; (iii) until January 1,
2000, except as provided in subsection (g) of Section 27
of this Act, 1% of the pari-mutuel handle wagered on
inter-track wagering and simulcast wagering at each
inter-track wagering location licensee facility to the
Horse Racing Tax Allocation Fund, provided that, to the
extent the total amount collected and distributed to the
Horse Racing Tax Allocation Fund under this subsection (h)
during any calendar year exceeds the amount collected and
distributed to the Horse Racing Tax Allocation Fund during
calendar year 1994, that excess amount shall be
redistributed (I) to all inter-track wagering location
licensees, based on each licensee's pro rata share of the
total handle from inter-track wagering and simulcast
wagering for all inter-track wagering location licensees
during the calendar year in which this provision is
applicable; then (II) the amounts redistributed to each
inter-track wagering location licensee as described in
subpart (I) shall be further redistributed as provided in
subparagraph (B) of paragraph (5) of subsection (g) of

this Section 26 provided first, that the shares of those
amounts, which are to be redistributed to the host track
or to purses at the host track under subparagraph (B) of
paragraph (5) of subsection (g) of this Section 26 shall
be redistributed based on each host track's pro rata share
of the total inter-track wagering and simulcast wagering
handle at all host tracks during the calendar year in
question, and second, that any amounts redistributed as
described in part (I) to an inter-track wagering location
licensee that accepts wagers on races conducted by an
organization licensee that conducts a race meet in a
county with a population in excess of 230,000 and that
borders the Mississippi River shall be further
redistributed, effective January 1, 2017, as provided in
paragraph (7) of subsection (g) of this Section 26, with
the portion of that further redistribution allocated to
purses at that organization licensee to be divided between
standardbred purses and thoroughbred purses based on the
amounts otherwise allocated to purses at that organization
licensee during the calendar year in question; and (iv) 8%
of the pari-mutuel handle on inter-track wagering wagered
at such location to satisfy all costs and expenses of
conducting its wagering. The remainder of the monies
retained by the inter-track wagering location licensee
shall be allocated 40% to the location licensee and 60% to
the organization licensee which provides the Illinois

races to the location, except that an inter-track wagering
location licensee that derives its license from a track
located in a county with a population in excess of 230,000
and that borders the Mississippi River shall not divide
any remaining retention with the organization licensee
that provides the race or races and an inter-track
wagering location licensee that accepts wagers on races
conducted by an organization licensee that conducts a race
meet in a county with a population in excess of 230,000 and
that borders the Mississippi River shall not divide any
remaining retention with the organization licensee.
Notwithstanding the provisions of clauses (ii) and (iv) of
this paragraph, in the case of the additional inter-track
wagering location licenses authorized under paragraph (1)
of this subsection (h) by Public Act 87-110, those
licensees shall pay the following amounts as purses:
during the first 12 months the licensee is in operation,
5.25% of the pari-mutuel handle wagered at the location on
races; during the second 12 months, 5.25%; during the
third 12 months, 5.75%; during the fourth 12 months,
6.25%; and during the fifth 12 months and thereafter,
6.75%. The following amounts shall be retained by the
licensee to satisfy all costs and expenses of conducting
its wagering: during the first 12 months the licensee is
in operation, 8.25% of the pari-mutuel handle wagered at
the location; during the second 12 months, 8.25%; during

the third 12 months, 7.75%; during the fourth 12 months,
7.25%; and during the fifth 12 months and thereafter,
6.75%. For additional inter-track wagering location
licensees authorized under Public Act 89-16, purses for
the first 12 months the licensee is in operation shall be
5.75% of the pari-mutuel wagered at the location, purses
for the second 12 months the licensee is in operation
shall be 6.25%, and purses thereafter shall be 6.75%. For
additional inter-track location licensees authorized under
Public Act 89-16, the licensee shall be allowed to retain
to satisfy all costs and expenses: 7.75% of the
pari-mutuel handle wagered at the location during its
first 12 months of operation, 7.25% during its second 12
months of operation, and 6.75% thereafter.
(C) There is hereby created the Horse Racing Tax
Allocation Fund which shall remain in existence until
December 31, 1999. Moneys remaining in the Fund after
December 31, 1999 shall be paid into the General Revenue
Fund. Until January 1, 2000, all monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) by inter-track wagering location licensees
located in park districts of 500,000 population or less,
or in a municipality that is not included within any park
district but is included within a conservation district
and is the county seat of a county that (i) is contiguous
to the state of Indiana and (ii) has a 1990 population of

88,257 according to the United States Bureau of the
Census, and operating on May 1, 1994 shall be allocated by
appropriation as follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in
this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's

Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for
premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to park districts or municipalities
that do not have a park district of 500,000 population
or less for museum purposes (if an inter-track
wagering location licensee is located in such a park
district) or to conservation districts for museum
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district but is included within a
conservation district and is the county seat of a
county that (i) is contiguous to the state of Indiana
and (ii) has a 1990 population of 88,257 according to
the United States Bureau of the Census, except that if

the conservation district does not maintain a museum,
the monies shall be allocated equally between the
county and the municipality in which the inter-track
wagering location licensee is located for general
purposes) or to a municipal recreation board for park
purposes (if an inter-track wagering location licensee
is located in a municipality that is not included
within any park district and park maintenance is the
function of the municipal recreation board and the
municipality has a 1990 population of 9,302 according
to the United States Bureau of the Census); provided
that the monies are distributed to each park district
or conservation district or municipality that does not
have a park district in an amount equal to
four-sevenths of the amount collected by each
inter-track wagering location licensee within the park
district or conservation district or municipality for
the Fund. Monies that were paid into the Horse Racing
Tax Allocation Fund before August 9, 1991 (the
effective date of Public Act 87-110) by an inter-track
wagering location licensee located in a municipality
that is not included within any park district but is
included within a conservation district as provided in
this paragraph shall, as soon as practicable after
August 9, 1991 (the effective date of Public Act
87-110), be allocated and paid to that conservation

district as provided in this paragraph. Any park
district or municipality not maintaining a museum may
deposit the monies in the corporate fund of the park
district or municipality where the inter-track
wagering location is located, to be used for general
purposes; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967.
Until January 1, 2000, all other monies paid into the
Horse Racing Tax Allocation Fund pursuant to this
paragraph (11) shall be allocated by appropriation as
follows:
Two-sevenths to the Department of Agriculture.
Fifty percent of this two-sevenths shall be used to
promote the Illinois horse racing and breeding
industry, and shall be distributed by the Department
of Agriculture upon the advice of a 9-member committee
appointed by the Governor consisting of the following
members: the Director of Agriculture, who shall serve
as chairman; 2 representatives of organization
licensees conducting thoroughbred race meetings in

this State, recommended by those licensees; 2
representatives of organization licensees conducting
standardbred race meetings in this State, recommended
by those licensees; a representative of the Illinois
Thoroughbred Breeders and Owners Foundation,
recommended by that Foundation; a representative of
the Illinois Standardbred Owners and Breeders
Association, recommended by that Association; a
representative of the Horsemen's Benevolent and
Protective Association or any successor organization
thereto established in Illinois comprised of the
largest number of owners and trainers, recommended by
that Association or that successor organization; and a
representative of the Illinois Harness Horsemen's
Association, recommended by that Association.
Committee members shall serve for terms of 2 years,
commencing January 1 of each even-numbered year. If a
representative of any of the above-named entities has
not been recommended by January 1 of any even-numbered
year, the Governor shall appoint a committee member to
fill that position. Committee members shall receive no
compensation for their services as members but shall
be reimbursed for all actual and necessary expenses
and disbursements incurred in the performance of their
official duties. The remaining 50% of this
two-sevenths shall be distributed to county fairs for

premiums and rehabilitation as set forth in the
Agricultural Fair Act;
Four-sevenths to museums and aquariums located in
park districts of over 500,000 population; provided
that the monies are distributed in accordance with the
previous year's distribution of the maintenance tax
for such museums and aquariums as provided in Section
2 of the Park District Aquarium and Museum Act; and
One-seventh to the Agricultural Premium Fund to be
used for distribution to agricultural home economics
extension councils in accordance with "An Act in
relation to additional support and finances for the
Agricultural and Home Economic Extension Councils in
the several counties of this State and making an
appropriation therefor", approved July 24, 1967. This
subparagraph (C) shall be inoperative and of no force
and effect on and after January 1, 2000.
(D) Except as provided in paragraph (11) of this
subsection (h), with respect to purse allocation from
inter-track wagering, the monies so retained shall be
divided as follows:
(i) If the inter-track wagering licensee,
except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is

not conducting its own race meeting during the
same dates, then the entire purse allocation shall
be to purses at the track where the races wagered
on are being conducted.
(ii) If the inter-track wagering licensee,
except an inter-track wagering licensee that
derives its license from an organization licensee
located in a county with a population in excess of
230,000 and bounded by the Mississippi River, is
also conducting its own race meeting during the
same dates, then the purse allocation shall be as
follows: 50% to purses at the track where the
races wagered on are being conducted; 50% to
purses at the track where the inter-track wagering
licensee is accepting such wagers.
(iii) If the inter-track wagering is being
conducted by an inter-track wagering location
licensee, except an inter-track wagering location
licensee that derives its license from an
organization licensee located in a county with a
population in excess of 230,000 and bounded by the
Mississippi River, the entire purse allocation for
Illinois races shall be to purses at the track
where the race meeting being wagered on is being
held.
(12) The Board shall have all powers necessary and

proper to fully supervise and control the conduct of
inter-track wagering and simulcast wagering by inter-track
wagering licensees and inter-track wagering location
licensees, including, but not limited to, the following:
(A) The Board is vested with power to promulgate
reasonable rules and regulations for the purpose of
administering the conduct of this wagering and to
prescribe reasonable rules, regulations and conditions
under which such wagering shall be held and conducted.
Such rules and regulations are to provide for the
prevention of practices detrimental to the public
interest and for the best interests of said wagering
and to impose penalties for violations thereof.
(B) The Board, and any person or persons to whom it
delegates this power, is vested with the power to
enter the facilities of any licensee to determine
whether there has been compliance with the provisions
of this Act and the rules and regulations relating to
the conduct of such wagering.
(C) The Board, and any person or persons to whom it
delegates this power, may eject or exclude from any
licensee's facilities, any person whose conduct or
reputation is such that his presence on such premises
may, in the opinion of the Board, call into the
question the honesty and integrity of, or interfere
with the orderly conduct of such wagering; provided,

however, that no person shall be excluded or ejected
from such premises solely on the grounds of race,
color, creed, national origin, ancestry, or sex.
(D) (Blank).
(E) The Board is vested with the power to appoint
delegates to execute any of the powers granted to it
under this Section for the purpose of administering
this wagering and any rules and regulations
promulgated in accordance with this Act.
(F) The Board shall name and appoint a State
director of this wagering who shall be a
representative of the Board and whose duty it shall be
to supervise the conduct of inter-track wagering as
may be provided for by the rules and regulations of the
Board; such rules and regulation shall specify the
method of appointment and the Director's powers,
authority and duties.
(G) The Board is vested with the power to impose
civil penalties of up to $5,000 against individuals
and up to $10,000 against licensees for each violation
of any provision of this Act relating to the conduct of
this wagering, any rules adopted by the Board, any
order of the Board or any other action which in the
Board's discretion, is a detriment or impediment to
such wagering.
(13) The Department of Agriculture may enter into

agreements with licensees authorizing such licensees to
conduct inter-track wagering on races to be held at the
licensed race meetings conducted by the Department of
Agriculture. Such agreement shall specify the races of the
Department of Agriculture's licensed race meeting upon
which the licensees will conduct wagering. In the event
that a licensee conducts inter-track pari-mutuel wagering
on races from the Illinois State Fair or DuQuoin State
Fair which are in addition to the licensee's previously
approved racing program, those races shall be considered a
separate racing day for the purpose of determining the
daily handle and computing the privilege or pari-mutuel
tax on that daily handle as provided in Sections 27 and
27.1. Such agreements shall be approved by the Board
before such wagering may be conducted. In determining
whether to grant approval, the Board shall give due
consideration to the best interests of the public and of
horse racing. The provisions of paragraphs (1), (8),
(8.1), and (8.2) of subsection (h) of this Section which
are not specified in this paragraph (13) shall not apply
to licensed race meetings conducted by the Department of
Agriculture at the Illinois State Fair in Sangamon County
or the DuQuoin State Fair in Perry County, or to any
wagering conducted on those race meetings.
(14) An inter-track wagering location license
authorized by the Board in 2016 that is owned and operated

by a race track in Rock Island County shall be transferred
to a commonly owned race track in Cook County on August 12,
2016 (the effective date of Public Act 99-757). The
licensee shall retain its status in relation to purse
distribution under paragraph (11) of this subsection (h)
following the transfer to the new entity. The pari-mutuel
tax credit under Section 32.1 shall not be applied toward
any pari-mutuel tax obligation of the inter-track wagering
location licensee of the license that is transferred under
this paragraph (14).
(i) Notwithstanding the other provisions of this Act, the
conduct of wagering at wagering facilities is authorized on
all days, except as limited by subsection (b) of Section 19 of
this Act.
(Source: P.A. 101-31, eff. 6-28-19; 101-52, eff. 7-12-19;
101-81, eff. 7-12-19; 101-109, eff. 7-19-19; 102-558, eff.
8-20-21; revised 12-2-21.)
(230 ILCS 5/28) (from Ch. 8, par. 37-28)
Sec. 28. Except as provided in subsection (g) of Section
27 of this Act, moneys collected shall be distributed
according to the provisions of this Section 28.
(a) Thirty per cent of the total of all monies received by
the State as privilege taxes shall be paid into the
Metropolitan Exposition, Auditorium and Office Building Fund
in the State treasury Treasury until such Fund is repealed,

and thereafter shall be paid into the General Revenue Fund in
the State treasury Treasury.
(b) In addition, 4.5% of the total of all monies received
by the State as privilege taxes shall be paid into the State
treasury into the Metropolitan Exposition, Auditorium and
Office Building Fund until such Fund is repealed, and
thereafter shall be paid into the General Revenue Fund in the
State treasury Treasury.
(c) Fifty per cent of the total of all monies received by
the State as privilege taxes under the provisions of this Act
shall be paid into the Agricultural Premium Fund.
(d) Seven per cent of the total of all monies received by
the State as privilege taxes shall be paid into the Fair and
Exposition Fund in the State treasury; provided, however, that
when all bonds issued prior to July 1, 1984 by the Metropolitan
Fair and Exposition Authority shall have been paid or payment
shall have been provided for upon a refunding of those bonds,
thereafter 1/12 of $1,665,662 of such monies shall be paid
each month into the Build Illinois Fund, and the remainder
into the Fair and Exposition Fund. All excess monies shall be
allocated to the Department of Agriculture for distribution to
county fairs for premiums and rehabilitation as set forth in
the Agricultural Fair Act.
(e) The monies provided for in Section 30 shall be paid
into the Illinois Thoroughbred Breeders Fund.
(f) The monies provided for in Section 31 shall be paid

into the Illinois Standardbred Breeders Fund.
(g) Until January 1, 2000, that part representing 1/2 of
the total breakage in Thoroughbred, Harness, Appaloosa,
Arabian, and Quarter Horse racing in the State shall be paid
into the Illinois Race Track Improvement Fund as established
in Section 32.
(h) All other monies received by the Board under this Act
shall be paid into the Horse Racing Fund.
(i) The salaries of the Board members, secretary,
stewards, directors of mutuels, veterinarians,
representatives, accountants, clerks, stenographers,
inspectors and other employees of the Board, and all expenses
of the Board incident to the administration of this Act,
including, but not limited to, all expenses and salaries
incident to the taking of saliva and urine samples in
accordance with the rules and regulations of the Board shall
be paid out of the Agricultural Premium Fund.
(j) The Agricultural Premium Fund shall also be used:
(1) for the expenses of operating the Illinois State
Fair and the DuQuoin State Fair, including the payment of
prize money or premiums;
(2) for the distribution to county fairs, vocational
agriculture section fairs, agricultural societies, and
agricultural extension clubs in accordance with the
Agricultural Fair Act, as amended;
(3) for payment of prize monies and premiums awarded

and for expenses incurred in connection with the
International Livestock Exposition and the Mid-Continent
Livestock Exposition held in Illinois, which premiums, and
awards must be approved, and paid by the Illinois
Department of Agriculture;
(4) for personal service of county agricultural
advisors and county home advisors;
(5) for distribution to agricultural home economic
extension councils in accordance with "An Act in relation
to additional support and finance for the Agricultural and
Home Economic Extension Councils in the several counties
in this State and making an appropriation therefor",
approved July 24, 1967, as amended;
(6) for research on equine disease, including a
development center therefor;
(7) for training scholarships for study on equine
diseases to students at the University of Illinois College
of Veterinary Medicine;
(8) for the rehabilitation, repair and maintenance of
the Illinois and DuQuoin State Fair Grounds and the
structures and facilities thereon and the construction of
permanent improvements on such Fair Grounds, including
such structures, facilities and property located on such
State Fair Grounds which are under the custody and control
of the Department of Agriculture;
(9) (blank);

(10) for the expenses of the Department of Commerce
and Economic Opportunity under Sections 605-620, 605-625,
and 605-630 of the Department of Commerce and Economic
Opportunity Law;
(11) for remodeling, expanding, and reconstructing
facilities destroyed by fire of any Fair and Exposition
Authority in counties with a population of 1,000,000 or
more inhabitants;
(12) for the purpose of assisting in the care and
general rehabilitation of veterans with disabilities of
any war and their surviving spouses and orphans;
(13) for expenses of the Illinois State Police for
duties performed under this Act;
(14) for the Department of Agriculture for soil
surveys and soil and water conservation purposes;
(15) for the Department of Agriculture for grants to
the City of Chicago for conducting the Chicagofest;
(16) for the State Comptroller for grants and
operating expenses authorized by the Illinois Global
Partnership Act.
(k) To the extent that monies paid by the Board to the
Agricultural Premium Fund are in the opinion of the Governor
in excess of the amount necessary for the purposes herein
stated, the Governor shall notify the Comptroller and the
State Treasurer of such fact, who, upon receipt of such
notification, shall transfer such excess monies from the

Agricultural Premium Fund to the General Revenue Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
revised 10-14-21.)
Section 495. The Illinois Gambling Act is amended by
changing Sections 6 and 18 as follows:
(230 ILCS 10/6) (from Ch. 120, par. 2406)
Sec. 6. Application for owners license.
(a) A qualified person may apply to the Board for an owners
license to conduct a gambling operation as provided in this
Act. The application shall be made on forms provided by the
Board and shall contain such information as the Board
prescribes, including, but not limited to, the identity of the
riverboat on which such gambling operation is to be conducted,
if applicable, and the exact location where such riverboat or
casino will be located, a certification that the riverboat
will be registered under this Act at all times during which
gambling operations are conducted on board, detailed
information regarding the ownership and management of the
applicant, and detailed personal information regarding the
applicant. Any application for an owners license to be
re-issued on or after June 1, 2003 shall also include the
applicant's license bid in a form prescribed by the Board.
Information provided on the application shall be used as a
basis for a thorough background investigation which the Board

shall conduct with respect to each applicant. An incomplete
application shall be cause for denial of a license by the
Board.
(a-5) In addition to any other information required under
this Section, each application for an owners license must
include the following information:
(1) The history and success of the applicant and each
person and entity disclosed under subsection (c) of this
Section in developing tourism facilities ancillary to
gaming, if applicable.
(2) The likelihood that granting a license to the
applicant will lead to the creation of quality, living
wage jobs and permanent, full-time jobs for residents of
the State and residents of the unit of local government
that is designated as the home dock of the proposed
facility where gambling is to be conducted by the
applicant.
(3) The projected number of jobs that would be created
if the license is granted and the projected number of new
employees at the proposed facility where gambling is to be
conducted by the applicant.
(4) The record, if any, of the applicant and its
developer in meeting commitments to local agencies,
community-based organizations, and employees at other
locations where the applicant or its developer has
performed similar functions as they would perform if the

applicant were granted a license.
(5) Identification of adverse effects that might be
caused by the proposed facility where gambling is to be
conducted by the applicant, including the costs of meeting
increased demand for public health care, child care,
public transportation, affordable housing, and social
services, and a plan to mitigate those adverse effects.
(6) The record, if any, of the applicant and its
developer regarding compliance with:
(A) federal, state, and local discrimination, wage
and hour, disability, and occupational and
environmental health and safety laws; and
(B) state and local labor relations and employment
laws.
(7) The applicant's record, if any, in dealing with
its employees and their representatives at other
locations.
(8) A plan concerning the utilization of
minority-owned and women-owned businesses and concerning
the hiring of minorities and women.
(9) Evidence the applicant used its best efforts to
reach a goal of 25% ownership representation by minority
persons and 5% ownership representation by women.
(10) Evidence the applicant has entered into a fully
executed project labor agreement with the applicable local
building trades council. For any pending application

before the Board on June 10, 2021 (the effective date of
Public Act 102-13) this amendatory Act of the 102nd
General Assembly, the applicant shall submit evidence
complying with this paragraph within 30 days after June
10, 2021 (the effective date of Public Act 102-13) this
amendatory Act of the 102nd General Assembly. The Board
shall not award any pending applications until the
applicant has submitted this information.
(b) Applicants shall submit with their application all
documents, resolutions, and letters of support from the
governing body that represents the municipality or county
wherein the licensee will be located.
(c) Each applicant shall disclose the identity of every
person or entity having a greater than 1% direct or indirect
pecuniary interest in the gambling operation with respect to
which the license is sought. If the disclosed entity is a
trust, the application shall disclose the names and addresses
of all beneficiaries; if a corporation, the names and
addresses of all stockholders and directors; if a partnership,
the names and addresses of all partners, both general and
limited.
(d) An application shall be filed and considered in
accordance with the rules of the Board. Each application shall
be accompanied by a nonrefundable application fee of $250,000.
In addition, a nonrefundable fee of $50,000 shall be paid at
the time of filing to defray the costs associated with the

background investigation conducted by the Board. If the costs
of the investigation exceed $50,000, the applicant shall pay
the additional amount to the Board within 7 days after
requested by the Board. If the costs of the investigation are
less than $50,000, the applicant shall receive a refund of the
remaining amount. All information, records, interviews,
reports, statements, memoranda, or other data supplied to or
used by the Board in the course of its review or investigation
of an application for a license or a renewal under this Act
shall be privileged and , strictly confidential and shall be
used only for the purpose of evaluating an applicant for a
license or a renewal. Such information, records, interviews,
reports, statements, memoranda, or other data shall not be
admissible as evidence, nor discoverable in any action of any
kind in any court or before any tribunal, board, agency or
person, except for any action deemed necessary by the Board.
The application fee shall be deposited into the State Gaming
Fund.
(e) The Board shall charge each applicant a fee set by the
Illinois State Police to defray the costs associated with the
search and classification of fingerprints obtained by the
Board with respect to the applicant's application. These fees
shall be paid into the State Police Services Fund. In order to
expedite the application process, the Board may establish
rules allowing applicants to acquire criminal background
checks and financial integrity reviews as part of the initial

application process from a list of vendors approved by the
Board.
(f) The licensed owner shall be the person primarily
responsible for the boat or casino itself. Only one gambling
operation may be authorized by the Board on any riverboat or in
any casino. The applicant must identify the riverboat or
premises it intends to use and certify that the riverboat or
premises: (1) has the authorized capacity required in this
Act; (2) is accessible to persons with disabilities; and (3)
is fully registered and licensed in accordance with any
applicable laws.
(g) A person who knowingly makes a false statement on an
application is guilty of a Class A misdemeanor.
(Source: P.A. 101-31, eff. 6-28-19; 102-13, eff. 6-10-21;
102-538, eff. 8-20-21; revised 10-14-21.)
(230 ILCS 10/18) (from Ch. 120, par. 2418)
Sec. 18. Prohibited activities; penalty Activities -
Penalty.
(a) A person is guilty of a Class A misdemeanor for doing
any of the following:
(1) Conducting gambling where wagering is used or to
be used without a license issued by the Board.
(2) Conducting gambling where wagering is permitted
other than in the manner specified by Section 11.
(b) A person is guilty of a Class B misdemeanor for doing

any of the following:
(1) permitting a person under 21 years to make a
wager; or
(2) violating paragraph (12) of subsection (a) of
Section 11 of this Act.
(c) A person wagering or accepting a wager at any location
outside the riverboat, casino, or organization gaming facility
in violation of paragraph (1) or (2) of subsection (a) of
Section 28-1 of the Criminal Code of 2012 is subject to the
penalties provided in that Section.
(d) A person commits a Class 4 felony and, in addition,
shall be barred for life from gambling operations under the
jurisdiction of the Board, if the person does any of the
following:
(1) Offers, promises, or gives anything of value or
benefit to a person who is connected with a riverboat or
casino owner or organization gaming licensee, including,
but not limited to, an officer or employee of a licensed
owner, organization gaming licensee, or holder of an
occupational license pursuant to an agreement or
arrangement or with the intent that the promise or thing
of value or benefit will influence the actions of the
person to whom the offer, promise, or gift was made in
order to affect or attempt to affect the outcome of a
gambling game, or to influence official action of a member
of the Board.

(2) Solicits or knowingly accepts or receives a
promise of anything of value or benefit while the person
is connected with a riverboat, casino, or organization
gaming facility, including, but not limited to, an officer
or employee of a licensed owner or organization gaming
licensee, or the holder of an occupational license,
pursuant to an understanding or arrangement or with the
intent that the promise or thing of value or benefit will
influence the actions of the person to affect or attempt
to affect the outcome of a gambling game, or to influence
official action of a member of the Board.
(3) Uses or possesses with the intent to use a device
to assist:
(i) In projecting the outcome of the game.
(ii) In keeping track of the cards played.
(iii) In analyzing the probability of the
occurrence of an event relating to the gambling game.
(iv) In analyzing the strategy for playing or
betting to be used in the game except as permitted by
the Board.
(4) Cheats at a gambling game.
(5) Manufactures, sells, or distributes any cards,
chips, dice, game or device which is intended to be used to
violate any provision of this Act.
(6) Alters or misrepresents the outcome of a gambling
game on which wagers have been made after the outcome is

made sure but before it is revealed to the players.
(7) Places a bet after acquiring knowledge, not
available to all players, of the outcome of the gambling
game which is the subject of the bet or to aid a person in
acquiring the knowledge for the purpose of placing a bet
contingent on that outcome.
(8) Claims, collects, or takes, or attempts to claim,
collect, or take, money or anything of value in or from the
gambling games, with intent to defraud, without having
made a wager contingent on winning a gambling game, or
claims, collects, or takes an amount of money or thing of
value of greater value than the amount won.
(9) Uses counterfeit chips or tokens in a gambling
game.
(10) Possesses any key or device designed for the
purpose of opening, entering, or affecting the operation
of a gambling game, drop box, or an electronic or
mechanical device connected with the gambling game or for
removing coins, tokens, chips or other contents of a
gambling game. This paragraph (10) does not apply to a
gambling licensee or employee of a gambling licensee
acting in furtherance of the employee's employment.
(e) The possession of more than one of the devices
described in subsection (d), paragraphs (3), (5), and or (10)
of subsection (d) permits a rebuttable presumption that the
possessor intended to use the devices for cheating.

(f) A person under the age of 21 who, except as authorized
under paragraph (10) of Section 11, enters upon a riverboat or
in a casino or organization gaming facility commits a petty
offense and is subject to a fine of not less than $100 or more
than $250 for a first offense and of not less than $200 or more
than $500 for a second or subsequent offense.
An action to prosecute any crime occurring on a riverboat
shall be tried in the county of the dock at which the riverboat
is based. An action to prosecute any crime occurring in a
casino or organization gaming facility shall be tried in the
county in which the casino or organization gaming facility is
located.
(Source: P.A. 101-31, eff. 6-28-19; revised 12-2-21.)
Section 500. The Liquor Control Act of 1934 is amended by
changing Sections 3-12 and 6-5 and by setting forth and
renumbering multiple versions of Section 6-37 as follows:
(235 ILCS 5/3-12)
Sec. 3-12. Powers and duties of State Commission.
(a) The State Commission shall have the following powers,
functions, and duties:
(1) To receive applications and to issue licenses to
manufacturers, foreign importers, importing distributors,
distributors, non-resident dealers, on premise consumption
retailers, off premise sale retailers, special event

retailer licensees, special use permit licenses, auction
liquor licenses, brew pubs, caterer retailers,
non-beverage users, railroads, including owners and
lessees of sleeping, dining and cafe cars, airplanes,
boats, brokers, and wine maker's premises licensees in
accordance with the provisions of this Act, and to suspend
or revoke such licenses upon the State Commission's
determination, upon notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation. Except in the case of an
action taken pursuant to a violation of Section 6-3, 6-5,
or 6-9, any action by the State Commission to suspend or
revoke a licensee's license may be limited to the license
for the specific premises where the violation occurred. An
action for a violation of this Act shall be commenced by
the State Commission within 2 years after the date the
State Commission becomes aware of the violation.
In lieu of suspending or revoking a license, the
commission may impose a fine, upon the State Commission's
determination and notice after hearing, that a licensee
has violated any provision of this Act or any rule or
regulation issued pursuant thereto and in effect for 30
days prior to such violation.
For the purpose of this paragraph (1), when
determining multiple violations for the sale of alcohol to

a person under the age of 21, a second or subsequent
violation for the sale of alcohol to a person under the age
of 21 shall only be considered if it was committed within 5
years after the date when a prior violation for the sale of
alcohol to a person under the age of 21 was committed.
The fine imposed under this paragraph may not exceed
$500 for each violation. Each day that the activity, which
gave rise to the original fine, continues is a separate
violation. The maximum fine that may be levied against any
licensee, for the period of the license, shall not exceed
$20,000. The maximum penalty that may be imposed on a
licensee for selling a bottle of alcoholic liquor with a
foreign object in it or serving from a bottle of alcoholic
liquor with a foreign object in it shall be the
destruction of that bottle of alcoholic liquor for the
first 10 bottles so sold or served from by the licensee.
For the eleventh bottle of alcoholic liquor and for each
third bottle thereafter sold or served from by the
licensee with a foreign object in it, the maximum penalty
that may be imposed on the licensee is the destruction of
the bottle of alcoholic liquor and a fine of up to $50.
Any notice issued by the State Commission to a
licensee for a violation of this Act or any notice with
respect to settlement or offer in compromise shall include
the field report, photographs, and any other supporting
documentation necessary to reasonably inform the licensee

of the nature and extent of the violation or the conduct
alleged to have occurred. The failure to include such
required documentation shall result in the dismissal of
the action.
(2) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
to carry on its functions and duties to the end that the
health, safety and welfare of the People of the State of
Illinois shall be protected and temperance in the
consumption of alcoholic liquors shall be fostered and
promoted and to distribute copies of such rules and
regulations to all licensees affected thereby.
(3) To call upon other administrative departments of
the State, county and municipal governments, county and
city police departments and upon prosecuting officers for
such information and assistance as it deems necessary in
the performance of its duties.
(4) To recommend to local commissioners rules and
regulations, not inconsistent with the law, for the
distribution and sale of alcoholic liquors throughout the
State.
(5) To inspect, or cause to be inspected, any premises
in this State where alcoholic liquors are manufactured,
distributed, warehoused, or sold. Nothing in this Act
authorizes an agent of the State Commission to inspect
private areas within the premises without reasonable

suspicion or a warrant during an inspection. "Private
areas" include, but are not limited to, safes, personal
property, and closed desks.
(5.1) Upon receipt of a complaint or upon having
knowledge that any person is engaged in business as a
manufacturer, importing distributor, distributor, or
retailer without a license or valid license, to conduct an
investigation. If, after conducting an investigation, the
State Commission is satisfied that the alleged conduct
occurred or is occurring, it may issue a cease and desist
notice as provided in this Act, impose civil penalties as
provided in this Act, notify the local liquor authority,
or file a complaint with the State's Attorney's Office of
the county where the incident occurred or the Attorney
General.
(5.2) Upon receipt of a complaint or upon having
knowledge that any person is shipping alcoholic liquor
into this State from a point outside of this State if the
shipment is in violation of this Act, to conduct an
investigation. If, after conducting an investigation, the
State Commission is satisfied that the alleged conduct
occurred or is occurring, it may issue a cease and desist
notice as provided in this Act, impose civil penalties as
provided in this Act, notify the foreign jurisdiction, or
file a complaint with the State's Attorney's Office of the
county where the incident occurred or the Attorney

General.
(5.3) To receive complaints from licensees, local
officials, law enforcement agencies, organizations, and
persons stating that any licensee has been or is violating
any provision of this Act or the rules and regulations
issued pursuant to this Act. Such complaints shall be in
writing, signed and sworn to by the person making the
complaint, and shall state with specificity the facts in
relation to the alleged violation. If the State Commission
has reasonable grounds to believe that the complaint
substantially alleges a violation of this Act or rules and
regulations adopted pursuant to this Act, it shall conduct
an investigation. If, after conducting an investigation,
the State Commission is satisfied that the alleged
violation did occur, it shall proceed with disciplinary
action against the licensee as provided in this Act.
(5.4) To make arrests and issue notices of civil
violations where necessary for the enforcement of this
Act.
(5.5) To investigate any and all unlicensed activity.
(5.6) To impose civil penalties or fines to any person
who, without holding a valid license, engages in conduct
that requires a license pursuant to this Act, in an amount
not to exceed $20,000 for each offense as determined by
the State Commission. A civil penalty shall be assessed by
the State Commission after a hearing is held in accordance

with the provisions set forth in this Act regarding the
provision of a hearing for the revocation or suspension of
a license.
(6) To hear and determine appeals from orders of a
local commission in accordance with the provisions of this
Act, as hereinafter set forth. Hearings under this
subsection shall be held in Springfield or Chicago, at
whichever location is the more convenient for the majority
of persons who are parties to the hearing.
(7) The State Commission shall establish uniform
systems of accounts to be kept by all retail licensees
having more than 4 employees, and for this purpose the
State Commission may classify all retail licensees having
more than 4 employees and establish a uniform system of
accounts for each class and prescribe the manner in which
such accounts shall be kept. The State Commission may also
prescribe the forms of accounts to be kept by all retail
licensees having more than 4 employees, including, but not
limited to, accounts of earnings and expenses and any
distribution, payment, or other distribution of earnings
or assets, and any other forms, records, and memoranda
which in the judgment of the commission may be necessary
or appropriate to carry out any of the provisions of this
Act, including, but not limited to, such forms, records,
and memoranda as will readily and accurately disclose at
all times the beneficial ownership of such retail licensed

business. The accounts, forms, records, and memoranda
shall be available at all reasonable times for inspection
by authorized representatives of the State Commission or
by any local liquor control commissioner or his or her
authorized representative. The commission may, from time
to time, alter, amend, or repeal, in whole or in part, any
uniform system of accounts, or the form and manner of
keeping accounts.
(8) In the conduct of any hearing authorized to be
held by the State Commission, to appoint, at the
commission's discretion, hearing officers to conduct
hearings involving complex issues or issues that will
require a protracted period of time to resolve, to
examine, or cause to be examined, under oath, any
licensee, and to examine or cause to be examined the books
and records of such licensee; to hear testimony and take
proof material for its information in the discharge of its
duties hereunder; to administer or cause to be
administered oaths; for any such purpose to issue subpoena
or subpoenas to require the attendance of witnesses and
the production of books, which shall be effective in any
part of this State, and to adopt rules to implement its
powers under this paragraph (8).
Any circuit court may, by order duly entered, require
the attendance of witnesses and the production of relevant
books subpoenaed by the State Commission and the court may

compel obedience to its order by proceedings for contempt.
(9) To investigate the administration of laws in
relation to alcoholic liquors in this and other states and
any foreign countries, and to recommend from time to time
to the Governor and through him or her to the legislature
of this State, such amendments to this Act, if any, as it
may think desirable and as will serve to further the
general broad purposes contained in Section 1-2 hereof.
(10) To adopt such rules and regulations consistent
with the provisions of this Act which shall be necessary
for the control, sale, or disposition of alcoholic liquor
damaged as a result of an accident, wreck, flood, fire, or
other similar occurrence.
(11) To develop industry educational programs related
to responsible serving and selling, particularly in the
areas of overserving consumers and illegal underage
purchasing and consumption of alcoholic beverages.
(11.1) To license persons providing education and
training to alcohol beverage sellers and servers for
mandatory and non-mandatory training under the Beverage
Alcohol Sellers and Servers Education and Training
(BASSET) programs and to develop and administer a public
awareness program in Illinois to reduce or eliminate the
illegal purchase and consumption of alcoholic beverage
products by persons under the age of 21. Application for a
license shall be made on forms provided by the State

Commission.
(12) To develop and maintain a repository of license
and regulatory information.
(13) (Blank).
(14) On or before April 30, 2008 and every 2 years
thereafter, the State Commission shall present a written
report to the Governor and the General Assembly that shall
be based on a study of the impact of Public Act 95-634 on
the business of soliciting, selling, and shipping wine
from inside and outside of this State directly to
residents of this State. As part of its report, the State
Commission shall provide all of the following information:
(A) The amount of State excise and sales tax
revenues generated.
(B) The amount of licensing fees received.
(C) The number of cases of wine shipped from
inside and outside of this State directly to residents
of this State.
(D) The number of alcohol compliance operations
conducted.
(E) The number of winery shipper's licenses
issued.
(F) The number of each of the following: reported
violations; cease and desist notices issued by the
Commission; notices of violations issued by the
Commission and to the Department of Revenue; and

notices and complaints of violations to law
enforcement officials, including, without limitation,
the Illinois Attorney General and the U.S. Department
of Treasury's Alcohol and Tobacco Tax and Trade
Bureau.
(15) As a means to reduce the underage consumption of
alcoholic liquors, the State Commission shall conduct
alcohol compliance operations to investigate whether
businesses that are soliciting, selling, and shipping wine
from inside or outside of this State directly to residents
of this State are licensed by this State or are selling or
attempting to sell wine to persons under 21 years of age in
violation of this Act.
(16) The State Commission shall, in addition to
notifying any appropriate law enforcement agency, submit
notices of complaints or violations of Sections 6-29 and
6-29.1 by persons who do not hold a winery shipper's
license under this Act to the Illinois Attorney General
and to the U.S. Department of Treasury's Alcohol and
Tobacco Tax and Trade Bureau.
(17)(A) A person licensed to make wine under the laws
of another state who has a winery shipper's license under
this Act and annually produces less than 25,000 gallons of
wine or a person who has a first-class or second-class
wine manufacturer's license, a first-class or second-class
wine-maker's license, or a limited wine manufacturer's

license under this Act and annually produces less than
25,000 gallons of wine may make application to the
Commission for a self-distribution exemption to allow the
sale of not more than 5,000 gallons of the exemption
holder's wine to retail licensees per year and to sell
cider, mead, or both cider and mead to brewers, class 1
brewers, class 2 brewers, and class 3 brewers that,
pursuant to subsection (e) of Section 6-4 of this Act,
sell beer, cider, mead, or any combination thereof to
non-licensees at their breweries.
(B) In the application, which shall be sworn under
penalty of perjury, such person shall state (1) the date
it was established; (2) its volume of production and sales
for each year since its establishment; (3) its efforts to
establish distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate the
marketing of its wine; and (5) that it will comply with the
liquor and revenue laws of the United States, this State,
and any other state where it is licensed.
(C) The State Commission shall approve the application
for a self-distribution exemption if such person: (1) is
in compliance with State revenue and liquor laws; (2) is
not a member of any affiliated group that produces
directly or indirectly more than 25,000 gallons of wine
per annum, 930,000 gallons of beer per annum, or 50,000
gallons of spirits per annum; (3) will not annually

produce for sale more than 25,000 gallons of wine, 930,000
gallons of beer, or 50,000 gallons of spirits; and (4)
will not annually sell more than 5,000 gallons of its wine
to retail licensees.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its production of
wine in the previous 12 months and its anticipated
production and sales for the next 12 months. The State
Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or liquor law of Illinois, exceeded production of 25,000
gallons of wine, 930,000 gallons of beer, or 50,000
gallons of spirits in any calendar year, or become part of
an affiliated group producing more than 25,000 gallons of
wine, 930,000 gallons of beer, or 50,000 gallons of
spirits.
(E) Except in hearings for violations of this Act or
Public Act 95-634 or a bona fide investigation by duly
sworn law enforcement officials, the State Commission, or
its agents, the State Commission shall maintain the
production and sales information of a self-distribution
exemption holder as confidential and shall not release
such information to any person.
(F) The State Commission shall issue regulations

governing self-distribution exemptions consistent with
this Section and this Act.
(G) Nothing in this paragraph (17) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois distributor.
(H) It is the intent of this paragraph (17) to promote
and continue orderly markets. The General Assembly finds
that, in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller makers of wine as their wines are
frequently adjusted in varietals, mixes, vintages, and
taste to find and create market niches sometimes too small
for distributor or importing distributor business
strategies. Limited self-distribution rights will afford
and allow smaller makers of wine access to the marketplace
in order to develop a customer base without impairing the
integrity of the 3-tier system.
(18)(A) A class 1 brewer licensee, who must also be
either a licensed brewer or licensed non-resident dealer
and annually manufacture less than 930,000 gallons of
beer, may make application to the State Commission for a
self-distribution exemption to allow the sale of not more
than 232,500 gallons per year of the exemption holder's
beer to retail licensees and to brewers, class 1 brewers,
and class 2 brewers that, pursuant to subsection (e) of

Section 6-4 of this Act, sell beer, cider,, mead, or any
combination thereof to non-licensees at their breweries.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 brewer licensee shall
state (1) the date it was established; (2) its volume of
beer manufactured and sold for each year since its
establishment; (3) its efforts to establish distributor
relationships; (4) that a self-distribution exemption is
necessary to facilitate the marketing of its beer; and (5)
that it will comply with the alcoholic beverage and
revenue laws of the United States, this State, and any
other state where it is licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days prior to
action by the State Commission. The State Commission shall
approve the application for a self-distribution exemption
if the class 1 brewer licensee: (1) is in compliance with
the State, revenue, and alcoholic beverage laws; (2) is
not a member of any affiliated group that manufactures,
directly or indirectly, more than 930,000 gallons of beer
per annum, 25,000 gallons of wine per annum, or 50,000
gallons of spirits per annum; (3) shall not annually
manufacture for sale more than 930,000 gallons of beer,
25,000 gallons of wine, or 50,000 gallons of spirits; (4)
shall not annually sell more than 232,500 gallons of its
beer to retail licensees and class 3 brewers and to

brewers, class 1 brewers, and class 2 brewers that,
pursuant to subsection (e) of Section 6-4 of this Act,
sell beer, cider, mead, or any combination thereof to
non-licensees at their breweries; and (5) has relinquished
any brew pub license held by the licensee, including any
ownership interest it held in the licensed brew pub.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of beer during the previous 12 months and its anticipated
manufacture and sales of beer for the next 12 months. The
State Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 930,000 gallons of beer, 25,000 gallons of
wine, or 50,000 gallons of spirits in any calendar year or
became part of an affiliated group manufacturing more than
930,000 gallons of beer, 25,000 gallons of wine, or 50,000
gallons of spirits.
(E) The State Commission shall issue rules and
regulations governing self-distribution exemptions
consistent with this Act.
(F) Nothing in this paragraph (18) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a

licensed Illinois importing distributor or a distributor.
If a self-distribution exemption holder enters into a
distribution agreement and has assigned distribution
rights to an importing distributor or distributor, then
the self-distribution exemption holder's distribution
rights in the assigned territories shall cease in a
reasonable time not to exceed 60 days.
(G) It is the intent of this paragraph (18) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller manufacturers in order to afford and
allow such smaller manufacturers of beer access to the
marketplace in order to develop a customer base without
impairing the integrity of the 3-tier system.
(19)(A) A class 1 craft distiller licensee or a
non-resident dealer who manufactures less than 50,000
gallons of distilled spirits per year may make application
to the State Commission for a self-distribution exemption
to allow the sale of not more than 5,000 gallons of the
exemption holder's spirits to retail licensees per year.
(B) In the application, which shall be sworn under
penalty of perjury, the class 1 craft distiller licensee
or non-resident dealer shall state (1) the date it was
established; (2) its volume of spirits manufactured and
sold for each year since its establishment; (3) its

efforts to establish distributor relationships; (4) that a
self-distribution exemption is necessary to facilitate the
marketing of its spirits; and (5) that it will comply with
the alcoholic beverage and revenue laws of the United
States, this State, and any other state where it is
licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days prior to
action by the State Commission. The State Commission shall
approve the application for a self-distribution exemption
if the applicant: (1) is in compliance with State revenue
and alcoholic beverage laws; (2) is not a member of any
affiliated group that produces more than 50,000 gallons of
spirits per annum, 930,000 gallons of beer per annum, or
25,000 gallons of wine per annum; (3) does not annually
manufacture for sale more than 50,000 gallons of spirits,
930,000 gallons of beer, or 25,000 gallons of wine; and
(4) does not annually sell more than 5,000 gallons of its
spirits to retail licensees.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of spirits during the previous 12 months and its
anticipated manufacture and sales of spirits for the next
12 months. The State Commission may fine, suspend, or
revoke a self-distribution exemption after a hearing if it
finds that the exemption holder has made a material

misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 50,000 gallons of spirits, 930,000 gallons
of beer, or 25,000 gallons of wine in any calendar year, or
has become part of an affiliated group manufacturing more
than 50,000 gallons of spirits, 930,000 gallons of beer,
or 25,000 gallons of wine.
(E) The State Commission shall adopt rules governing
self-distribution exemptions consistent with this Act.
(F) Nothing in this paragraph (19) shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
(G) It is the intent of this paragraph (19) to promote
and continue orderly markets. The General Assembly finds
that in order to preserve Illinois' regulatory
distribution system, it is necessary to create an
exception for smaller manufacturers in order to afford and
allow such smaller manufacturers of spirits access to the
marketplace in order to develop a customer base without
impairing the integrity of the 3-tier system.
(20)(A) A class 3 brewer licensee who must manufacture
less than 465,000 gallons of beer in the aggregate and not
more than 155,000 gallons at any single brewery premises
may make application to the State Commission for a
self-distribution exemption to allow the sale of not more

than 6,200 gallons of beer from each in-state or
out-of-state class 3 brewery premises, which shall not
exceed 18,600 gallons annually in the aggregate, that is
manufactured at a wholly owned class 3 brewer's in-state
or out-of-state licensed premises to retail licensees and
class 3 brewers and to brewers, class 1 brewers, class 2
brewers that, pursuant to subsection (e) of Section 6-4,
sell beer, cider, or both beer and cider to non-licensees
at their licensed breweries.
(B) In the application, which shall be sworn under
penalty of perjury, the class 3 brewer licensee shall
state:
(1) the date it was established;
(2) its volume of beer manufactured and sold for
each year since its establishment;
(3) its efforts to establish distributor
relationships;
(4) that a self-distribution exemption is
necessary to facilitate the marketing of its beer; and
(5) that it will comply with the alcoholic
beverage and revenue laws of the United States, this
State, and any other state where it is licensed.
(C) Any application submitted shall be posted on the
State Commission's website at least 45 days before action
by the State Commission. The State Commission shall
approve the application for a self-distribution exemption

if the class 3 brewer licensee: (1) is in compliance with
the State, revenue, and alcoholic beverage laws; (2) is
not a member of any affiliated group that manufacturers,
directly or indirectly, more than 465,000 gallons of beer
per annum; , (3) shall not annually manufacture for sale
more than 465,000 gallons of beer or more than 155,000
gallons at any single brewery premises; and (4) shall not
annually sell more than 6,200 gallons of beer from each
in-state or out-of-state class 3 brewery premises, and
shall not exceed 18,600 gallons annually in the aggregate,
to retail licensees and class 3 brewers and to brewers,
class 1 brewers, and class 2 brewers that, pursuant to
subsection (e) of Section 6-4 of this Act, sell beer,
cider, or both beer and cider to non-licensees at their
breweries.
(D) A self-distribution exemption holder shall
annually certify to the State Commission its manufacture
of beer during the previous 12 months and its anticipated
manufacture and sales of beer for the next 12 months. The
State Commission may fine, suspend, or revoke a
self-distribution exemption after a hearing if it finds
that the exemption holder has made a material
misrepresentation in its application, violated a revenue
or alcoholic beverage law of Illinois, exceeded the
manufacture of 465,000 gallons of beer in any calendar
year or became part of an affiliated group manufacturing

more than 465,000 gallons of beer, or exceeded the sale to
retail licensees, brewers, class 1 brewers, class 2
brewers, and class 3 brewers of 6,200 gallons per brewery
location or 18,600 gallons in the aggregate.
(E) The State Commission may adopt rules governing
self-distribution exemptions consistent with this Act.
(F) Nothing in this paragraph shall prohibit a
self-distribution exemption holder from entering into or
simultaneously having a distribution agreement with a
licensed Illinois importing distributor or a distributor.
If a self-distribution exemption holder enters into a
distribution agreement and has assigned distribution
rights to an importing distributor or distributor, then
the self-distribution exemption holder's distribution
rights in the assigned territories shall cease in a
reasonable time not to exceed 60 days.
(G) It is the intent of this paragraph to promote and
continue orderly markets. The General Assembly finds that
in order to preserve Illinois' regulatory distribution
system, it is necessary to create an exception for smaller
manufacturers in order to afford and allow such smaller
manufacturers of beer access to the marketplace in order
to develop a customer base without impairing the integrity
of the 3-tier system.
(b) On or before April 30, 1999, the Commission shall
present a written report to the Governor and the General

Assembly that shall be based on a study of the impact of Public
Act 90-739 on the business of soliciting, selling, and
shipping alcoholic liquor from outside of this State directly
to residents of this State.
As part of its report, the Commission shall provide the
following information:
(i) the amount of State excise and sales tax revenues
generated as a result of Public Act 90-739;
(ii) the amount of licensing fees received as a result
of Public Act 90-739;
(iii) the number of reported violations, the number of
cease and desist notices issued by the Commission, the
number of notices of violations issued to the Department
of Revenue, and the number of notices and complaints of
violations to law enforcement officials.
(Source: P.A. 101-37, eff. 7-3-19; 101-81, eff. 7-12-19;
101-482, eff. 8-23-19; 102-442, eff. 8-20-21; 102-558, eff.
8-20-21; revised 12-13-21.)
(235 ILCS 5/6-5) (from Ch. 43, par. 122)
Sec. 6-5. Except as otherwise provided in this Section, it
is unlawful for any person having a retailer's license or any
officer, associate, member, representative or agent of such
licensee to accept, receive or borrow money, or anything else
of value, or accept or receive credit (other than
merchandising credit in the ordinary course of business for a

period not to exceed 30 days) directly or indirectly from any
manufacturer, importing distributor or distributor of
alcoholic liquor, or from any person connected with or in any
way representing, or from any member of the family of, such
manufacturer, importing distributor, distributor or
wholesaler, or from any stockholders in any corporation
engaged in manufacturing, distributing or wholesaling of such
liquor, or from any officer, manager, agent or representative
of said manufacturer. Except as provided below, it is unlawful
for any manufacturer or distributor or importing distributor
to give or lend money or anything of value, or otherwise loan
or extend credit (except such merchandising credit) directly
or indirectly to any retail licensee or to the manager,
representative, agent, officer or director of such licensee. A
manufacturer, distributor or importing distributor may furnish
free advertising, posters, signs, brochures, hand-outs, or
other promotional devices or materials to any unit of
government owning or operating any auditorium, exhibition
hall, recreation facility or other similar facility holding a
retailer's license, provided that the primary purpose of such
promotional devices or materials is to promote public events
being held at such facility. A unit of government owning or
operating such a facility holding a retailer's license may
accept such promotional devices or materials designed
primarily to promote public events held at the facility. No
retail licensee delinquent beyond the 30 day period specified

in this Section shall solicit, accept or receive credit,
purchase or acquire alcoholic liquors, directly or indirectly
from any other licensee, and no manufacturer, distributor or
importing distributor shall knowingly grant or extend credit,
sell, furnish or supply alcoholic liquors to any such
delinquent retail licensee; provided that the purchase price
of all beer sold to a retail licensee shall be paid by the
retail licensee in cash on or before delivery of the beer, and
unless the purchase price payable by a retail licensee for
beer sold to him in returnable bottles shall expressly include
a charge for the bottles and cases, the retail licensee shall,
on or before delivery of such beer, pay the seller in cash a
deposit in an amount not less than the deposit required to be
paid by the distributor to the brewer; but where the brewer
sells direct to the retailer, the deposit shall be an amount no
less than that required by the brewer from his own
distributors; and provided further, that in no instance shall
this deposit be less than 50 cents for each case of beer in
pint or smaller bottles and 60 cents for each case of beer in
quart or half-gallon bottles; and provided further, that the
purchase price of all beer sold to an importing distributor or
distributor shall be paid by such importing distributor or
distributor in cash on or before the 15th day (Sundays and
holidays excepted) after delivery of such beer to such
purchaser; and unless the purchase price payable by such
importing distributor or distributor for beer sold in

returnable bottles and cases shall expressly include a charge
for the bottles and cases, such importing distributor or
distributor shall, on or before the 15th day (Sundays and
holidays excepted) after delivery of such beer to such
purchaser, pay the seller in cash a required amount as a
deposit to assure the return of such bottles and cases.
Nothing herein contained shall prohibit any licensee from
crediting or refunding to a purchaser the actual amount of
money paid for bottles, cases, kegs or barrels returned by the
purchaser to the seller or paid by the purchaser as a deposit
on bottles, cases, kegs or barrels, when such containers or
packages are returned to the seller. Nothing herein contained
shall prohibit any manufacturer, importing distributor or
distributor from extending usual and customary credit for
alcoholic liquor sold to customers or purchasers who live in
or maintain places of business outside of this State when such
alcoholic liquor is actually transported and delivered to such
points outside of this State.
A manufacturer, distributor, or importing distributor may
furnish free social media advertising to a retail licensee if
the social media advertisement does not contain the retail
price of any alcoholic liquor and the social media
advertisement complies with any applicable rules or
regulations issued by the Alcohol and Tobacco Tax and Trade
Bureau of the United States Department of the Treasury. A
manufacturer, distributor, or importing distributor may list

the names of one or more unaffiliated retailers in the
advertisement of alcoholic liquor through social media.
Nothing in this Section shall prohibit a retailer from
communicating with a manufacturer, distributor, or importing
distributor on social media or sharing media on the social
media of a manufacturer, distributor, or importing
distributor. A retailer may request free social media
advertising from a manufacturer, distributor, or importing
distributor. Nothing in this Section shall prohibit a
manufacturer, distributor, or importing distributor from
sharing, reposting, or otherwise forwarding a social media
post by a retail licensee, so long as the sharing, reposting,
or forwarding of the social media post does not contain the
retail price of any alcoholic liquor. No manufacturer,
distributor, or importing distributor shall pay or reimburse a
retailer, directly or indirectly, for any social media
advertising services, except as specifically permitted in this
Act. No retailer shall accept any payment or reimbursement,
directly or indirectly, for any social media advertising
services offered by a manufacturer, distributor, or importing
distributor, except as specifically permitted in this Act. For
the purposes of this Section, "social media" means a service,
platform, or site where users communicate with one another and
share media, such as pictures, videos, music, and blogs, with
other users free of charge.
No right of action shall exist for the collection of any

claim based upon credit extended to a distributor, importing
distributor or retail licensee contrary to the provisions of
this Section.
Every manufacturer, importing distributor and distributor
shall submit or cause to be submitted, to the State
Commission, in triplicate, not later than Thursday of each
calendar week, a verified written list of the names and
respective addresses of each retail licensee purchasing
spirits or wine from such manufacturer, importing distributor
or distributor who, on the first business day of that calendar
week, was delinquent beyond the above mentioned permissible
merchandising credit period of 30 days; or, if such is the
fact, a verified written statement that no retail licensee
purchasing spirits or wine was then delinquent beyond such
permissible merchandising credit period of 30 days.
Every manufacturer, importing distributor and distributor
shall submit or cause to be submitted, to the State
Commission, in triplicate, a verified written list of the
names and respective addresses of each previously reported
delinquent retail licensee who has cured such delinquency by
payment, which list shall be submitted not later than the
close of the second full business day following the day such
delinquency was so cured.
The written list of delinquent retail licensees shall be
developed, administered, and maintained only by the State
Commission. The State Commission shall notify each retail

licensee that it has been placed on the delinquency list.
Determinations of delinquency or nondelinquency shall be made
only by the State Commission.
Such written verified reports required to be submitted by
this Section shall be posted by the State Commission in each of
its offices in places available for public inspection not
later than the day following receipt thereof by the State
Commission. The reports so posted shall constitute notice to
every manufacturer, importing distributor and distributor of
the information contained therein. Actual notice to
manufacturers, importing distributors and distributors of the
information contained in any such posted reports, however
received, shall also constitute notice of such information.
The 30-day 30 day merchandising credit period allowed by
this Section shall commence with the day immediately following
the date of invoice and shall include all successive days
including Sundays and holidays to and including the 30th
successive day.
In addition to other methods allowed by law, payment by
check or credit card during the period for which merchandising
credit may be extended under the provisions of this Section
shall be considered payment. All checks received in payment
for alcoholic liquor shall be promptly deposited for
collection. A post dated check or a check dishonored on
presentation for payment shall not be deemed payment.
A credit card payment in dispute by a retailer shall not be

deemed payment, and the debt uncured for merchandising credit
shall be reported as delinquent. Nothing in this Section shall
prevent a distributor, self-distributing manufacturer, or
importing distributor from assessing a usual and customary
transaction fee representative of the actual finance charges
incurred for processing a credit card payment. This
transaction fee shall be disclosed on the invoice. It shall be
considered unlawful for a distributor, importing distributor,
or self-distributing manufacturer to waive finance charges for
retailers.
A retail licensee shall not be deemed to be delinquent in
payment for any alleged sale to him of alcoholic liquor when
there exists a bona fide dispute between such retailer and a
manufacturer, importing distributor or distributor with
respect to the amount of indebtedness existing because of such
alleged sale. A retail licensee shall not be deemed to be
delinquent under this provision and 11 Ill. Adm. Code 100.90
until 30 days after the date on which the region in which the
retail licensee is located enters Phase 4 of the Governor's
Restore Illinois Plan as issued on May 5, 2020.
A delinquent retail licensee who engages in the retail
liquor business at 2 or more locations shall be deemed to be
delinquent with respect to each such location.
The license of any person who violates any provision of
this Section shall be subject to suspension or revocation in
the manner provided by this Act.

If any part or provision of this Article or the
application thereof to any person or circumstances shall be
adjudged invalid by a court of competent jurisdiction, such
judgment shall be confined by its operation to the controversy
in which it was mentioned and shall not affect or invalidate
the remainder of this Article or the application thereof to
any other person or circumstance and to this and the
provisions of this Article are declared severable.
(Source: P.A. 101-631, eff. 6-2-20; 102-8, eff. 6-2-21;
102-442, eff. 1-1-22; revised 9-21-21.)
(235 ILCS 5/6-37)
Sec. 6-37. (Repealed).
(Source: P.A. 102-8, eff. 6-2-21. Repealed internally, eff.
7-11-21.)
(235 ILCS 5/6-37.5)
Sec. 6-37.5 6-37. Transfer of wine or spirits by a retail
licensee with multiple licenses.
(a) No original package of wine or spirits may be
transferred from one retail licensee to any other retail
licensee without prior permission from the State Commission;
however, if the same retailer owns more than one licensed
retail location, an off-premise retailer may transfer up to 3%
of its average monthly purchases by volume and an on-premise
retailer may transfer up to 5% of its average monthly

purchases by volume of original package of wine or spirits
from one or more of such retailer's licensed locations to
another of that retailer's licensed locations each month
without prior permission from the State Commission, subject to
the following conditions:
(1) notice is provided to the distributor responsible
for the geographic area of the brand, size, and quantity
of the wine or spirits to be transferred within the
geographic area; and
(2) the transfer is made by common carrier, a licensed
distributor's or importing distributor's vehicle, or a
vehicle owned and operated by the licensee.
(b) All transfers must be properly documented on a form
provided by the State Commission that includes the following
information:
(1) the license number of the retail licensee's
location from which the transfer is to be made and the
license number of the retail licensee's location to which
the transfer is to be made;
(2) the brand, size, and quantity of the wine or
spirits to be transferred; and
(3) the date the transfer is made.
(c) A retail licensee location that transfers or receives
an original package of wine or spirits as authorized by this
Section shall not be deemed to be engaged in business as a
wholesaler or distributor based upon the transfer authorized

by this Section.
(d) A transfer authorized by this Section shall not be
deemed a sale.
(e) A retailer that is delinquent in payment pursuant to
Section 6-5 shall be prohibited from transferring wine or
spirits to a commonly owned retailer pursuant to this Section
until the indebtedness is cured.
(f) As used in this Section:
"Average monthly purchases" is calculated using a 12-month
rolling average of the total volume purchased over the 12 most
recent months previous to the month in which the transfer is
made and dividing that total by 12.
"Month" means a calendar month.
(Source: P.A. 102-442, eff. 8-20-21; revised 11-10-21.)
Section 505. The Illinois Public Aid Code is amended by
changing Sections 5-2, 5-4.2, 5-5, 5-5f, 5-16.8, 5-30.1,
9A-11, 10-1, and 12-4.35 and by setting forth and renumbering
multiple versions of Sections 5-5.12d, 5-41, and 12-4.54 as
follows:
(305 ILCS 5/5-2) (from Ch. 23, par. 5-2)
Sec. 5-2. Classes of persons eligible. Medical assistance
under this Article shall be available to any of the following
classes of persons in respect to whom a plan for coverage has
been submitted to the Governor by the Illinois Department and

approved by him. If changes made in this Section 5-2 require
federal approval, they shall not take effect until such
approval has been received:
1. Recipients of basic maintenance grants under
Articles III and IV.
2. Beginning January 1, 2014, persons otherwise
eligible for basic maintenance under Article III,
excluding any eligibility requirements that are
inconsistent with any federal law or federal regulation,
as interpreted by the U.S. Department of Health and Human
Services, but who fail to qualify thereunder on the basis
of need, and who have insufficient income and resources to
meet the costs of necessary medical care, including, but
not limited to, the following:
(a) All persons otherwise eligible for basic
maintenance under Article III but who fail to qualify
under that Article on the basis of need and who meet
either of the following requirements:
(i) their income, as determined by the
Illinois Department in accordance with any federal
requirements, is equal to or less than 100% of the
federal poverty level; or
(ii) their income, after the deduction of
costs incurred for medical care and for other
types of remedial care, is equal to or less than
100% of the federal poverty level.

(b) (Blank).
3. (Blank).
4. Persons not eligible under any of the preceding
paragraphs who fall sick, are injured, or die, not having
sufficient money, property or other resources to meet the
costs of necessary medical care or funeral and burial
expenses.
5.(a) Beginning January 1, 2020, individuals during
pregnancy and during the 12-month period beginning on the
last day of the pregnancy, together with their infants,
whose income is at or below 200% of the federal poverty
level. Until September 30, 2019, or sooner if the
maintenance of effort requirements under the Patient
Protection and Affordable Care Act are eliminated or may
be waived before then, individuals during pregnancy and
during the 12-month period beginning on the last day of
the pregnancy, whose countable monthly income, after the
deduction of costs incurred for medical care and for other
types of remedial care as specified in administrative
rule, is equal to or less than the Medical Assistance-No
Grant(C) (MANG(C)) Income Standard in effect on April 1,
2013 as set forth in administrative rule.
(b) The plan for coverage shall provide ambulatory
prenatal care to pregnant individuals during a presumptive
eligibility period and establish an income eligibility
standard that is equal to 200% of the federal poverty

level, provided that costs incurred for medical care are
not taken into account in determining such income
eligibility.
(c) The Illinois Department may conduct a
demonstration in at least one county that will provide
medical assistance to pregnant individuals together with
their infants and children up to one year of age, where the
income eligibility standard is set up to 185% of the
nonfarm income official poverty line, as defined by the
federal Office of Management and Budget. The Illinois
Department shall seek and obtain necessary authorization
provided under federal law to implement such a
demonstration. Such demonstration may establish resource
standards that are not more restrictive than those
established under Article IV of this Code.
6. (a) Subject to federal approval, children younger
than age 19 when countable income is at or below 313% of
the federal poverty level, as determined by the Department
and in accordance with all applicable federal
requirements. The Department is authorized to adopt
emergency rules to implement the changes made to this
paragraph by Public Act 102-43 this amendatory Act of the
102nd General Assembly. Until September 30, 2019, or
sooner if the maintenance of effort requirements under the
Patient Protection and Affordable Care Act are eliminated
or may be waived before then, children younger than age 19

whose countable monthly income, after the deduction of
costs incurred for medical care and for other types of
remedial care as specified in administrative rule, is
equal to or less than the Medical Assistance-No Grant(C)
(MANG(C)) Income Standard in effect on April 1, 2013 as
set forth in administrative rule.
(b) Children and youth who are under temporary custody
or guardianship of the Department of Children and Family
Services or who receive financial assistance in support of
an adoption or guardianship placement from the Department
of Children and Family Services.
7. (Blank).
8. As required under federal law, persons who are
eligible for Transitional Medical Assistance as a result
of an increase in earnings or child or spousal support
received. The plan for coverage for this class of persons
shall:
(a) extend the medical assistance coverage to the
extent required by federal law; and
(b) offer persons who have initially received 6
months of the coverage provided in paragraph (a)
above, the option of receiving an additional 6 months
of coverage, subject to the following:
(i) such coverage shall be pursuant to
provisions of the federal Social Security Act;
(ii) such coverage shall include all services

covered under Illinois' State Medicaid Plan;
(iii) no premium shall be charged for such
coverage; and
(iv) such coverage shall be suspended in the
event of a person's failure without good cause to
file in a timely fashion reports required for this
coverage under the Social Security Act and
coverage shall be reinstated upon the filing of
such reports if the person remains otherwise
eligible.
9. Persons with acquired immunodeficiency syndrome
(AIDS) or with AIDS-related conditions with respect to
whom there has been a determination that but for home or
community-based services such individuals would require
the level of care provided in an inpatient hospital,
skilled nursing facility or intermediate care facility the
cost of which is reimbursed under this Article. Assistance
shall be provided to such persons to the maximum extent
permitted under Title XIX of the Federal Social Security
Act.
10. Participants in the long-term care insurance
partnership program established under the Illinois
Long-Term Care Partnership Program Act who meet the
qualifications for protection of resources described in
Section 15 of that Act.
11. Persons with disabilities who are employed and

eligible for Medicaid, pursuant to Section
1902(a)(10)(A)(ii)(xv) of the Social Security Act, and,
subject to federal approval, persons with a medically
improved disability who are employed and eligible for
Medicaid pursuant to Section 1902(a)(10)(A)(ii)(xvi) of
the Social Security Act, as provided by the Illinois
Department by rule. In establishing eligibility standards
under this paragraph 11, the Department shall, subject to
federal approval:
(a) set the income eligibility standard at not
lower than 350% of the federal poverty level;
(b) exempt retirement accounts that the person
cannot access without penalty before the age of 59
1/2, and medical savings accounts established pursuant
to 26 U.S.C. 220;
(c) allow non-exempt assets up to $25,000 as to
those assets accumulated during periods of eligibility
under this paragraph 11; and
(d) continue to apply subparagraphs (b) and (c) in
determining the eligibility of the person under this
Article even if the person loses eligibility under
this paragraph 11.
12. Subject to federal approval, persons who are
eligible for medical assistance coverage under applicable
provisions of the federal Social Security Act and the
federal Breast and Cervical Cancer Prevention and

Treatment Act of 2000. Those eligible persons are defined
to include, but not be limited to, the following persons:
(1) persons who have been screened for breast or
cervical cancer under the U.S. Centers for Disease
Control and Prevention Breast and Cervical Cancer
Program established under Title XV of the federal
Public Health Service Act in accordance with the
requirements of Section 1504 of that Act as
administered by the Illinois Department of Public
Health; and
(2) persons whose screenings under the above
program were funded in whole or in part by funds
appropriated to the Illinois Department of Public
Health for breast or cervical cancer screening.
"Medical assistance" under this paragraph 12 shall be
identical to the benefits provided under the State's
approved plan under Title XIX of the Social Security Act.
The Department must request federal approval of the
coverage under this paragraph 12 within 30 days after July
3, 2001 (the effective date of Public Act 92-47).
In addition to the persons who are eligible for
medical assistance pursuant to subparagraphs (1) and (2)
of this paragraph 12, and to be paid from funds
appropriated to the Department for its medical programs,
any uninsured person as defined by the Department in rules
residing in Illinois who is younger than 65 years of age,

who has been screened for breast and cervical cancer in
accordance with standards and procedures adopted by the
Department of Public Health for screening, and who is
referred to the Department by the Department of Public
Health as being in need of treatment for breast or
cervical cancer is eligible for medical assistance
benefits that are consistent with the benefits provided to
those persons described in subparagraphs (1) and (2).
Medical assistance coverage for the persons who are
eligible under the preceding sentence is not dependent on
federal approval, but federal moneys may be used to pay
for services provided under that coverage upon federal
approval.
13. Subject to appropriation and to federal approval,
persons living with HIV/AIDS who are not otherwise
eligible under this Article and who qualify for services
covered under Section 5-5.04 as provided by the Illinois
Department by rule.
14. Subject to the availability of funds for this
purpose, the Department may provide coverage under this
Article to persons who reside in Illinois who are not
eligible under any of the preceding paragraphs and who
meet the income guidelines of paragraph 2(a) of this
Section and (i) have an application for asylum pending
before the federal Department of Homeland Security or on
appeal before a court of competent jurisdiction and are

represented either by counsel or by an advocate accredited
by the federal Department of Homeland Security and
employed by a not-for-profit organization in regard to
that application or appeal, or (ii) are receiving services
through a federally funded torture treatment center.
Medical coverage under this paragraph 14 may be provided
for up to 24 continuous months from the initial
eligibility date so long as an individual continues to
satisfy the criteria of this paragraph 14. If an
individual has an appeal pending regarding an application
for asylum before the Department of Homeland Security,
eligibility under this paragraph 14 may be extended until
a final decision is rendered on the appeal. The Department
may adopt rules governing the implementation of this
paragraph 14.
15. Family Care Eligibility.
(a) On and after July 1, 2012, a parent or other
caretaker relative who is 19 years of age or older when
countable income is at or below 133% of the federal
poverty level. A person may not spend down to become
eligible under this paragraph 15.
(b) Eligibility shall be reviewed annually.
(c) (Blank).
(d) (Blank).
(e) (Blank).
(f) (Blank).

(g) (Blank).
(h) (Blank).
(i) Following termination of an individual's
coverage under this paragraph 15, the individual must
be determined eligible before the person can be
re-enrolled.
16. Subject to appropriation, uninsured persons who
are not otherwise eligible under this Section who have
been certified and referred by the Department of Public
Health as having been screened and found to need
diagnostic evaluation or treatment, or both diagnostic
evaluation and treatment, for prostate or testicular
cancer. For the purposes of this paragraph 16, uninsured
persons are those who do not have creditable coverage, as
defined under the Health Insurance Portability and
Accountability Act, or have otherwise exhausted any
insurance benefits they may have had, for prostate or
testicular cancer diagnostic evaluation or treatment, or
both diagnostic evaluation and treatment. To be eligible,
a person must furnish a Social Security number. A person's
assets are exempt from consideration in determining
eligibility under this paragraph 16. Such persons shall be
eligible for medical assistance under this paragraph 16
for so long as they need treatment for the cancer. A person
shall be considered to need treatment if, in the opinion
of the person's treating physician, the person requires

therapy directed toward cure or palliation of prostate or
testicular cancer, including recurrent metastatic cancer
that is a known or presumed complication of prostate or
testicular cancer and complications resulting from the
treatment modalities themselves. Persons who require only
routine monitoring services are not considered to need
treatment. "Medical assistance" under this paragraph 16
shall be identical to the benefits provided under the
State's approved plan under Title XIX of the Social
Security Act. Notwithstanding any other provision of law,
the Department (i) does not have a claim against the
estate of a deceased recipient of services under this
paragraph 16 and (ii) does not have a lien against any
homestead property or other legal or equitable real
property interest owned by a recipient of services under
this paragraph 16.
17. Persons who, pursuant to a waiver approved by the
Secretary of the U.S. Department of Health and Human
Services, are eligible for medical assistance under Title
XIX or XXI of the federal Social Security Act.
Notwithstanding any other provision of this Code and
consistent with the terms of the approved waiver, the
Illinois Department, may by rule:
(a) Limit the geographic areas in which the waiver
program operates.
(b) Determine the scope, quantity, duration, and

quality, and the rate and method of reimbursement, of
the medical services to be provided, which may differ
from those for other classes of persons eligible for
assistance under this Article.
(c) Restrict the persons' freedom in choice of
providers.
18. Beginning January 1, 2014, persons aged 19 or
older, but younger than 65, who are not otherwise eligible
for medical assistance under this Section 5-2, who qualify
for medical assistance pursuant to 42 U.S.C.
1396a(a)(10)(A)(i)(VIII) and applicable federal
regulations, and who have income at or below 133% of the
federal poverty level plus 5% for the applicable family
size as determined pursuant to 42 U.S.C. 1396a(e)(14) and
applicable federal regulations. Persons eligible for
medical assistance under this paragraph 18 shall receive
coverage for the Health Benefits Service Package as that
term is defined in subsection (m) of Section 5-1.1 of this
Code. If Illinois' federal medical assistance percentage
(FMAP) is reduced below 90% for persons eligible for
medical assistance under this paragraph 18, eligibility
under this paragraph 18 shall cease no later than the end
of the third month following the month in which the
reduction in FMAP takes effect.
19. Beginning January 1, 2014, as required under 42
U.S.C. 1396a(a)(10)(A)(i)(IX), persons older than age 18

and younger than age 26 who are not otherwise eligible for
medical assistance under paragraphs (1) through (17) of
this Section who (i) were in foster care under the
responsibility of the State on the date of attaining age
18 or on the date of attaining age 21 when a court has
continued wardship for good cause as provided in Section
2-31 of the Juvenile Court Act of 1987 and (ii) received
medical assistance under the Illinois Title XIX State Plan
or waiver of such plan while in foster care.
20. Beginning January 1, 2018, persons who are
foreign-born victims of human trafficking, torture, or
other serious crimes as defined in Section 2-19 of this
Code and their derivative family members if such persons:
(i) reside in Illinois; (ii) are not eligible under any of
the preceding paragraphs; (iii) meet the income guidelines
of subparagraph (a) of paragraph 2; and (iv) meet the
nonfinancial eligibility requirements of Sections 16-2,
16-3, and 16-5 of this Code. The Department may extend
medical assistance for persons who are foreign-born
victims of human trafficking, torture, or other serious
crimes whose medical assistance would be terminated
pursuant to subsection (b) of Section 16-5 if the
Department determines that the person, during the year of
initial eligibility (1) experienced a health crisis, (2)
has been unable, after reasonable attempts, to obtain
necessary information from a third party, or (3) has other

extenuating circumstances that prevented the person from
completing his or her application for status. The
Department may adopt any rules necessary to implement the
provisions of this paragraph.
21. Persons who are not otherwise eligible for medical
assistance under this Section who may qualify for medical
assistance pursuant to 42 U.S.C.
1396a(a)(10)(A)(ii)(XXIII) and 42 U.S.C. 1396(ss) for the
duration of any federal or State declared emergency due to
COVID-19. Medical assistance to persons eligible for
medical assistance solely pursuant to this paragraph 21
shall be limited to any in vitro diagnostic product (and
the administration of such product) described in 42 U.S.C.
1396d(a)(3)(B) on or after March 18, 2020, any visit
described in 42 U.S.C. 1396o(a)(2)(G), or any other
medical assistance that may be federally authorized for
this class of persons. The Department may also cover
treatment of COVID-19 for this class of persons, or any
similar category of uninsured individuals, to the extent
authorized under a federally approved 1115 Waiver or other
federal authority. Notwithstanding the provisions of
Section 1-11 of this Code, due to the nature of the
COVID-19 public health emergency, the Department may cover
and provide the medical assistance described in this
paragraph 21 to noncitizens who would otherwise meet the
eligibility requirements for the class of persons

described in this paragraph 21 for the duration of the
State emergency period.
In implementing the provisions of Public Act 96-20, the
Department is authorized to adopt only those rules necessary,
including emergency rules. Nothing in Public Act 96-20 permits
the Department to adopt rules or issue a decision that expands
eligibility for the FamilyCare Program to a person whose
income exceeds 185% of the Federal Poverty Level as determined
from time to time by the U.S. Department of Health and Human
Services, unless the Department is provided with express
statutory authority.
The eligibility of any such person for medical assistance
under this Article is not affected by the payment of any grant
under the Senior Citizens and Persons with Disabilities
Property Tax Relief Act or any distributions or items of
income described under subparagraph (X) of paragraph (2) of
subsection (a) of Section 203 of the Illinois Income Tax Act.
The Department shall by rule establish the amounts of
assets to be disregarded in determining eligibility for
medical assistance, which shall at a minimum equal the amounts
to be disregarded under the Federal Supplemental Security
Income Program. The amount of assets of a single person to be
disregarded shall not be less than $2,000, and the amount of
assets of a married couple to be disregarded shall not be less
than $3,000.
To the extent permitted under federal law, any person

found guilty of a second violation of Article VIIIA shall be
ineligible for medical assistance under this Article, as
provided in Section 8A-8.
The eligibility of any person for medical assistance under
this Article shall not be affected by the receipt by the person
of donations or benefits from fundraisers held for the person
in cases of serious illness, as long as neither the person nor
members of the person's family have actual control over the
donations or benefits or the disbursement of the donations or
benefits.
Notwithstanding any other provision of this Code, if the
United States Supreme Court holds Title II, Subtitle A,
Section 2001(a) of Public Law 111-148 to be unconstitutional,
or if a holding of Public Law 111-148 makes Medicaid
eligibility allowed under Section 2001(a) inoperable, the
State or a unit of local government shall be prohibited from
enrolling individuals in the Medical Assistance Program as the
result of federal approval of a State Medicaid waiver on or
after June 14, 2012 (the effective date of Public Act 97-687),
and any individuals enrolled in the Medical Assistance Program
pursuant to eligibility permitted as a result of such a State
Medicaid waiver shall become immediately ineligible.
Notwithstanding any other provision of this Code, if an
Act of Congress that becomes a Public Law eliminates Section
2001(a) of Public Law 111-148, the State or a unit of local
government shall be prohibited from enrolling individuals in

the Medical Assistance Program as the result of federal
approval of a State Medicaid waiver on or after June 14, 2012
(the effective date of Public Act 97-687), and any individuals
enrolled in the Medical Assistance Program pursuant to
eligibility permitted as a result of such a State Medicaid
waiver shall become immediately ineligible.
Effective October 1, 2013, the determination of
eligibility of persons who qualify under paragraphs 5, 6, 8,
15, 17, and 18 of this Section shall comply with the
requirements of 42 U.S.C. 1396a(e)(14) and applicable federal
regulations.
The Department of Healthcare and Family Services, the
Department of Human Services, and the Illinois health
insurance marketplace shall work cooperatively to assist
persons who would otherwise lose health benefits as a result
of changes made under Public Act 98-104 to transition to other
health insurance coverage.
(Source: P.A. 101-10, eff. 6-5-19; 101-649, eff. 7-7-20;
102-43, eff. 7-6-21; 102-558, eff. 8-20-21; 102-665, eff.
10-8-21; revised 11-18-21.)
(305 ILCS 5/5-4.2)
Sec. 5-4.2. Ambulance services payments.
(a) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1993, the Illinois
Department shall reimburse ambulance service providers at

rates calculated in accordance with this Section. It is the
intent of the General Assembly to provide adequate
reimbursement for ambulance services so as to ensure adequate
access to services for recipients of aid under this Article
and to provide appropriate incentives to ambulance service
providers to provide services in an efficient and
cost-effective manner. Thus, it is the intent of the General
Assembly that the Illinois Department implement a
reimbursement system for ambulance services that, to the
extent practicable and subject to the availability of funds
appropriated by the General Assembly for this purpose, is
consistent with the payment principles of Medicare. To ensure
uniformity between the payment principles of Medicare and
Medicaid, the Illinois Department shall follow, to the extent
necessary and practicable and subject to the availability of
funds appropriated by the General Assembly for this purpose,
the statutes, laws, regulations, policies, procedures,
principles, definitions, guidelines, and manuals used to
determine the amounts paid to ambulance service providers
under Title XVIII of the Social Security Act (Medicare).
(b) For ambulance services provided to a recipient of aid
under this Article on or after January 1, 1996, the Illinois
Department shall reimburse ambulance service providers based
upon the actual distance traveled if a natural disaster,
weather conditions, road repairs, or traffic congestion
necessitates the use of a route other than the most direct

route.
(c) For purposes of this Section, "ambulance services"
includes medical transportation services provided by means of
an ambulance, medi-car, service car, or taxi.
(c-1) For purposes of this Section, "ground ambulance
service" means medical transportation services that are
described as ground ambulance services by the Centers for
Medicare and Medicaid Services and provided in a vehicle that
is licensed as an ambulance by the Illinois Department of
Public Health pursuant to the Emergency Medical Services (EMS)
Systems Act.
(c-2) For purposes of this Section, "ground ambulance
service provider" means a vehicle service provider as
described in the Emergency Medical Services (EMS) Systems Act
that operates licensed ambulances for the purpose of providing
emergency ambulance services, or non-emergency ambulance
services, or both. For purposes of this Section, this includes
both ambulance providers and ambulance suppliers as described
by the Centers for Medicare and Medicaid Services.
(c-3) For purposes of this Section, "medi-car" means
transportation services provided to a patient who is confined
to a wheelchair and requires the use of a hydraulic or electric
lift or ramp and wheelchair lockdown when the patient's
condition does not require medical observation, medical
supervision, medical equipment, the administration of
medications, or the administration of oxygen.

(c-4) For purposes of this Section, "service car" means
transportation services provided to a patient by a passenger
vehicle where that patient does not require the specialized
modes described in subsection (c-1) or (c-3).
(d) This Section does not prohibit separate billing by
ambulance service providers for oxygen furnished while
providing advanced life support services.
(e) Beginning with services rendered on or after July 1,
2008, all providers of non-emergency medi-car and service car
transportation must certify that the driver and employee
attendant, as applicable, have completed a safety program
approved by the Department to protect both the patient and the
driver, prior to transporting a patient. The provider must
maintain this certification in its records. The provider shall
produce such documentation upon demand by the Department or
its representative. Failure to produce documentation of such
training shall result in recovery of any payments made by the
Department for services rendered by a non-certified driver or
employee attendant. Medi-car and service car providers must
maintain legible documentation in their records of the driver
and, as applicable, employee attendant that actually
transported the patient. Providers must recertify all drivers
and employee attendants every 3 years. If they meet the
established training components set forth by the Department,
providers of non-emergency medi-car and service car
transportation that are either directly or through an

affiliated company licensed by the Department of Public Health
shall be approved by the Department to have in-house safety
programs for training their own staff.
Notwithstanding the requirements above, any public
transportation provider of medi-car and service car
transportation that receives federal funding under 49 U.S.C.
5307 and 5311 need not certify its drivers and employee
attendants under this Section, since safety training is
already federally mandated.
(f) With respect to any policy or program administered by
the Department or its agent regarding approval of
non-emergency medical transportation by ground ambulance
service providers, including, but not limited to, the
Non-Emergency Transportation Services Prior Approval Program
(NETSPAP), the Department shall establish by rule a process by
which ground ambulance service providers of non-emergency
medical transportation may appeal any decision by the
Department or its agent for which no denial was received prior
to the time of transport that either (i) denies a request for
approval for payment of non-emergency transportation by means
of ground ambulance service or (ii) grants a request for
approval of non-emergency transportation by means of ground
ambulance service at a level of service that entitles the
ground ambulance service provider to a lower level of
compensation from the Department than the ground ambulance
service provider would have received as compensation for the

level of service requested. The rule shall be filed by
December 15, 2012 and shall provide that, for any decision
rendered by the Department or its agent on or after the date
the rule takes effect, the ground ambulance service provider
shall have 60 days from the date the decision is received to
file an appeal. The rule established by the Department shall
be, insofar as is practical, consistent with the Illinois
Administrative Procedure Act. The Director's decision on an
appeal under this Section shall be a final administrative
decision subject to review under the Administrative Review
Law.
(f-5) Beginning 90 days after July 20, 2012 (the effective
date of Public Act 97-842), (i) no denial of a request for
approval for payment of non-emergency transportation by means
of ground ambulance service, and (ii) no approval of
non-emergency transportation by means of ground ambulance
service at a level of service that entitles the ground
ambulance service provider to a lower level of compensation
from the Department than would have been received at the level
of service submitted by the ground ambulance service provider,
may be issued by the Department or its agent unless the
Department has submitted the criteria for determining the
appropriateness of the transport for first notice publication
in the Illinois Register pursuant to Section 5-40 of the
Illinois Administrative Procedure Act.
(f-7) For non-emergency ground ambulance claims properly

denied under Department policy at the time the claim is filed
due to failure to submit a valid Medical Certification for
Non-Emergency Ambulance on and after December 15, 2012 and
prior to January 1, 2021, the Department shall allot
$2,000,000 to a pool to reimburse such claims if the provider
proves medical necessity for the service by other means.
Providers must submit any such denied claims for which they
seek compensation to the Department no later than December 31,
2021 along with documentation of medical necessity. No later
than May 31, 2022, the Department shall determine for which
claims medical necessity was established. Such claims for
which medical necessity was established shall be paid at the
rate in effect at the time of the service, provided the
$2,000,000 is sufficient to pay at those rates. If the pool is
not sufficient, claims shall be paid at a uniform percentage
of the applicable rate such that the pool of $2,000,000 is
exhausted. The appeal process described in subsection (f)
shall not be applicable to the Department's determinations
made in accordance with this subsection.
(g) Whenever a patient covered by a medical assistance
program under this Code or by another medical program
administered by the Department, including a patient covered
under the State's Medicaid managed care program, is being
transported from a facility and requires non-emergency
transportation including ground ambulance, medi-car, or
service car transportation, a Physician Certification

Statement as described in this Section shall be required for
each patient. Facilities shall develop procedures for a
licensed medical professional to provide a written and signed
Physician Certification Statement. The Physician Certification
Statement shall specify the level of transportation services
needed and complete a medical certification establishing the
criteria for approval of non-emergency ambulance
transportation, as published by the Department of Healthcare
and Family Services, that is met by the patient. This
certification shall be completed prior to ordering the
transportation service and prior to patient discharge. The
Physician Certification Statement is not required prior to
transport if a delay in transport can be expected to
negatively affect the patient outcome. If the ground ambulance
provider, medi-car provider, or service car provider is unable
to obtain the required Physician Certification Statement
within 10 calendar days following the date of the service, the
ground ambulance provider, medi-car provider, or service car
provider must document its attempt to obtain the requested
certification and may then submit the claim for payment.
Acceptable documentation includes a signed return receipt from
the U.S. Postal Service, facsimile receipt, email receipt, or
other similar service that evidences that the ground ambulance
provider, medi-car provider, or service car provider attempted
to obtain the required Physician Certification Statement.
The medical certification specifying the level and type of

non-emergency transportation needed shall be in the form of
the Physician Certification Statement on a standardized form
prescribed by the Department of Healthcare and Family
Services. Within 75 days after July 27, 2018 (the effective
date of Public Act 100-646), the Department of Healthcare and
Family Services shall develop a standardized form of the
Physician Certification Statement specifying the level and
type of transportation services needed in consultation with
the Department of Public Health, Medicaid managed care
organizations, a statewide association representing ambulance
providers, a statewide association representing hospitals, 3
statewide associations representing nursing homes, and other
stakeholders. The Physician Certification Statement shall
include, but is not limited to, the criteria necessary to
demonstrate medical necessity for the level of transport
needed as required by (i) the Department of Healthcare and
Family Services and (ii) the federal Centers for Medicare and
Medicaid Services as outlined in the Centers for Medicare and
Medicaid Services' Medicare Benefit Policy Manual, Pub.
100-02, Chap. 10, Sec. 10.2.1, et seq. The use of the Physician
Certification Statement shall satisfy the obligations of
hospitals under Section 6.22 of the Hospital Licensing Act and
nursing homes under Section 2-217 of the Nursing Home Care
Act. Implementation and acceptance of the Physician
Certification Statement shall take place no later than 90 days
after the issuance of the Physician Certification Statement by

the Department of Healthcare and Family Services.
Pursuant to subsection (E) of Section 12-4.25 of this
Code, the Department is entitled to recover overpayments paid
to a provider or vendor, including, but not limited to, from
the discharging physician, the discharging facility, and the
ground ambulance service provider, in instances where a
non-emergency ground ambulance service is rendered as the
result of improper or false certification.
Beginning October 1, 2018, the Department of Healthcare
and Family Services shall collect data from Medicaid managed
care organizations and transportation brokers, including the
Department's NETSPAP broker, regarding denials and appeals
related to the missing or incomplete Physician Certification
Statement forms and overall compliance with this subsection.
The Department of Healthcare and Family Services shall publish
quarterly results on its website within 15 days following the
end of each quarter.
(h) On and after July 1, 2012, the Department shall reduce
any rate of reimbursement for services or other payments or
alter any methodologies authorized by this Code to reduce any
rate of reimbursement for services or other payments in
accordance with Section 5-5e.
(i) On and after July 1, 2018, the Department shall
increase the base rate of reimbursement for both base charges
and mileage charges for ground ambulance service providers for
medical transportation services provided by means of a ground

ambulance to a level not lower than 112% of the base rate in
effect as of June 30, 2018.
(Source: P.A. 101-81, eff. 7-12-19; 101-649, eff. 7-7-20;
102-364, eff. 1-1-22; 102-650, eff. 8-27-21; revised 11-8-21.)
(305 ILCS 5/5-5) (from Ch. 23, par. 5-5)
Sec. 5-5. Medical services. The Illinois Department, by
rule, shall determine the quantity and quality of and the rate
of reimbursement for the medical assistance for which payment
will be authorized, and the medical services to be provided,
which may include all or part of the following: (1) inpatient
hospital services; (2) outpatient hospital services; (3) other
laboratory and X-ray services; (4) skilled nursing home
services; (5) physicians' services whether furnished in the
office, the patient's home, a hospital, a skilled nursing
home, or elsewhere; (6) medical care, or any other type of
remedial care furnished by licensed practitioners; (7) home
health care services; (8) private duty nursing service; (9)
clinic services; (10) dental services, including prevention
and treatment of periodontal disease and dental caries disease
for pregnant individuals, provided by an individual licensed
to practice dentistry or dental surgery; for purposes of this
item (10), "dental services" means diagnostic, preventive, or
corrective procedures provided by or under the supervision of
a dentist in the practice of his or her profession; (11)
physical therapy and related services; (12) prescribed drugs,

dentures, and prosthetic devices; and eyeglasses prescribed by
a physician skilled in the diseases of the eye, or by an
optometrist, whichever the person may select; (13) other
diagnostic, screening, preventive, and rehabilitative
services, including to ensure that the individual's need for
intervention or treatment of mental disorders or substance use
disorders or co-occurring mental health and substance use
disorders is determined using a uniform screening, assessment,
and evaluation process inclusive of criteria, for children and
adults; for purposes of this item (13), a uniform screening,
assessment, and evaluation process refers to a process that
includes an appropriate evaluation and, as warranted, a
referral; "uniform" does not mean the use of a singular
instrument, tool, or process that all must utilize; (14)
transportation and such other expenses as may be necessary;
(15) medical treatment of sexual assault survivors, as defined
in Section 1a of the Sexual Assault Survivors Emergency
Treatment Act, for injuries sustained as a result of the
sexual assault, including examinations and laboratory tests to
discover evidence which may be used in criminal proceedings
arising from the sexual assault; (16) the diagnosis and
treatment of sickle cell anemia; (16.5) services performed by
a chiropractic physician licensed under the Medical Practice
Act of 1987 and acting within the scope of his or her license,
including, but not limited to, chiropractic manipulative
treatment; and (17) any other medical care, and any other type

of remedial care recognized under the laws of this State. The
term "any other type of remedial care" shall include nursing
care and nursing home service for persons who rely on
treatment by spiritual means alone through prayer for healing.
Notwithstanding any other provision of this Section, a
comprehensive tobacco use cessation program that includes
purchasing prescription drugs or prescription medical devices
approved by the Food and Drug Administration shall be covered
under the medical assistance program under this Article for
persons who are otherwise eligible for assistance under this
Article.
Notwithstanding any other provision of this Code,
reproductive health care that is otherwise legal in Illinois
shall be covered under the medical assistance program for
persons who are otherwise eligible for medical assistance
under this Article.
Notwithstanding any other provision of this Section, all
tobacco cessation medications approved by the United States
Food and Drug Administration and all individual and group
tobacco cessation counseling services and telephone-based
counseling services and tobacco cessation medications provided
through the Illinois Tobacco Quitline shall be covered under
the medical assistance program for persons who are otherwise
eligible for assistance under this Article. The Department
shall comply with all federal requirements necessary to obtain
federal financial participation, as specified in 42 CFR

433.15(b)(7), for telephone-based counseling services provided
through the Illinois Tobacco Quitline, including, but not
limited to: (i) entering into a memorandum of understanding or
interagency agreement with the Department of Public Health, as
administrator of the Illinois Tobacco Quitline; and (ii)
developing a cost allocation plan for Medicaid-allowable
Illinois Tobacco Quitline services in accordance with 45 CFR
95.507. The Department shall submit the memorandum of
understanding or interagency agreement, the cost allocation
plan, and all other necessary documentation to the Centers for
Medicare and Medicaid Services for review and approval.
Coverage under this paragraph shall be contingent upon federal
approval.
Notwithstanding any other provision of this Code, the
Illinois Department may not require, as a condition of payment
for any laboratory test authorized under this Article, that a
physician's handwritten signature appear on the laboratory
test order form. The Illinois Department may, however, impose
other appropriate requirements regarding laboratory test order
documentation.
Upon receipt of federal approval of an amendment to the
Illinois Title XIX State Plan for this purpose, the Department
shall authorize the Chicago Public Schools (CPS) to procure a
vendor or vendors to manufacture eyeglasses for individuals
enrolled in a school within the CPS system. CPS shall ensure
that its vendor or vendors are enrolled as providers in the

medical assistance program and in any capitated Medicaid
managed care entity (MCE) serving individuals enrolled in a
school within the CPS system. Under any contract procured
under this provision, the vendor or vendors must serve only
individuals enrolled in a school within the CPS system. Claims
for services provided by CPS's vendor or vendors to recipients
of benefits in the medical assistance program under this Code,
the Children's Health Insurance Program, or the Covering ALL
KIDS Health Insurance Program shall be submitted to the
Department or the MCE in which the individual is enrolled for
payment and shall be reimbursed at the Department's or the
MCE's established rates or rate methodologies for eyeglasses.
On and after July 1, 2012, the Department of Healthcare
and Family Services may provide the following services to
persons eligible for assistance under this Article who are
participating in education, training or employment programs
operated by the Department of Human Services as successor to
the Department of Public Aid:
(1) dental services provided by or under the
supervision of a dentist; and
(2) eyeglasses prescribed by a physician skilled in
the diseases of the eye, or by an optometrist, whichever
the person may select.
On and after July 1, 2018, the Department of Healthcare
and Family Services shall provide dental services to any adult
who is otherwise eligible for assistance under the medical

assistance program. As used in this paragraph, "dental
services" means diagnostic, preventative, restorative, or
corrective procedures, including procedures and services for
the prevention and treatment of periodontal disease and dental
caries disease, provided by an individual who is licensed to
practice dentistry or dental surgery or who is under the
supervision of a dentist in the practice of his or her
profession.
On and after July 1, 2018, targeted dental services, as
set forth in Exhibit D of the Consent Decree entered by the
United States District Court for the Northern District of
Illinois, Eastern Division, in the matter of Memisovski v.
Maram, Case No. 92 C 1982, that are provided to adults under
the medical assistance program shall be established at no less
than the rates set forth in the "New Rate" column in Exhibit D
of the Consent Decree for targeted dental services that are
provided to persons under the age of 18 under the medical
assistance program.
Notwithstanding any other provision of this Code and
subject to federal approval, the Department may adopt rules to
allow a dentist who is volunteering his or her service at no
cost to render dental services through an enrolled
not-for-profit health clinic without the dentist personally
enrolling as a participating provider in the medical
assistance program. A not-for-profit health clinic shall
include a public health clinic or Federally Qualified Health

Center or other enrolled provider, as determined by the
Department, through which dental services covered under this
Section are performed. The Department shall establish a
process for payment of claims for reimbursement for covered
dental services rendered under this provision.
On and after January 1, 2022, the Department of Healthcare
and Family Services shall administer and regulate a
school-based dental program that allows for the out-of-office
delivery of preventative dental services in a school setting
to children under 19 years of age. The Department shall
establish, by rule, guidelines for participation by providers
and set requirements for follow-up referral care based on the
requirements established in the Dental Office Reference Manual
published by the Department that establishes the requirements
for dentists participating in the All Kids Dental School
Program. Every effort shall be made by the Department when
developing the program requirements to consider the different
geographic differences of both urban and rural areas of the
State for initial treatment and necessary follow-up care. No
provider shall be charged a fee by any unit of local government
to participate in the school-based dental program administered
by the Department. Nothing in this paragraph shall be
construed to limit or preempt a home rule unit's or school
district's authority to establish, change, or administer a
school-based dental program in addition to, or independent of,
the school-based dental program administered by the

Department.
The Illinois Department, by rule, may distinguish and
classify the medical services to be provided only in
accordance with the classes of persons designated in Section
5-2.
The Department of Healthcare and Family Services must
provide coverage and reimbursement for amino acid-based
elemental formulas, regardless of delivery method, for the
diagnosis and treatment of (i) eosinophilic disorders and (ii)
short bowel syndrome when the prescribing physician has issued
a written order stating that the amino acid-based elemental
formula is medically necessary.
The Illinois Department shall authorize the provision of,
and shall authorize payment for, screening by low-dose
mammography for the presence of occult breast cancer for
individuals 35 years of age or older who are eligible for
medical assistance under this Article, as follows:
(A) A baseline mammogram for individuals 35 to 39
years of age.
(B) An annual mammogram for individuals 40 years of
age or older.
(C) A mammogram at the age and intervals considered
medically necessary by the individual's health care
provider for individuals under 40 years of age and having
a family history of breast cancer, prior personal history
of breast cancer, positive genetic testing, or other risk

factors.
(D) A comprehensive ultrasound screening and MRI of an
entire breast or breasts if a mammogram demonstrates
heterogeneous or dense breast tissue or when medically
necessary as determined by a physician licensed to
practice medicine in all of its branches.
(E) A screening MRI when medically necessary, as
determined by a physician licensed to practice medicine in
all of its branches.
(F) A diagnostic mammogram when medically necessary,
as determined by a physician licensed to practice medicine
in all its branches, advanced practice registered nurse,
or physician assistant.
The Department shall not impose a deductible, coinsurance,
copayment, or any other cost-sharing requirement on the
coverage provided under this paragraph; except that this
sentence does not apply to coverage of diagnostic mammograms
to the extent such coverage would disqualify a high-deductible
health plan from eligibility for a health savings account
pursuant to Section 223 of the Internal Revenue Code (26
U.S.C. 223).
All screenings shall include a physical breast exam,
instruction on self-examination and information regarding the
frequency of self-examination and its value as a preventative
tool.
For purposes of this Section:

"Diagnostic mammogram" means a mammogram obtained using
diagnostic mammography.
"Diagnostic mammography" means a method of screening that
is designed to evaluate an abnormality in a breast, including
an abnormality seen or suspected on a screening mammogram or a
subjective or objective abnormality otherwise detected in the
breast.
"Low-dose mammography" means the x-ray examination of the
breast using equipment dedicated specifically for mammography,
including the x-ray tube, filter, compression device, and
image receptor, with an average radiation exposure delivery of
less than one rad per breast for 2 views of an average size
breast. The term also includes digital mammography and
includes breast tomosynthesis.
"Breast tomosynthesis" means a radiologic procedure that
involves the acquisition of projection images over the
stationary breast to produce cross-sectional digital
three-dimensional images of the breast.
If, at any time, the Secretary of the United States
Department of Health and Human Services, or its successor
agency, promulgates rules or regulations to be published in
the Federal Register or publishes a comment in the Federal
Register or issues an opinion, guidance, or other action that
would require the State, pursuant to any provision of the
Patient Protection and Affordable Care Act (Public Law
111-148), including, but not limited to, 42 U.S.C.

18031(d)(3)(B) or any successor provision, to defray the cost
of any coverage for breast tomosynthesis outlined in this
paragraph, then the requirement that an insurer cover breast
tomosynthesis is inoperative other than any such coverage
authorized under Section 1902 of the Social Security Act, 42
U.S.C. 1396a, and the State shall not assume any obligation
for the cost of coverage for breast tomosynthesis set forth in
this paragraph.
On and after January 1, 2016, the Department shall ensure
that all networks of care for adult clients of the Department
include access to at least one breast imaging Center of
Imaging Excellence as certified by the American College of
Radiology.
On and after January 1, 2012, providers participating in a
quality improvement program approved by the Department shall
be reimbursed for screening and diagnostic mammography at the
same rate as the Medicare program's rates, including the
increased reimbursement for digital mammography.
The Department shall convene an expert panel including
representatives of hospitals, free-standing mammography
facilities, and doctors, including radiologists, to establish
quality standards for mammography.
On and after January 1, 2017, providers participating in a
breast cancer treatment quality improvement program approved
by the Department shall be reimbursed for breast cancer
treatment at a rate that is no lower than 95% of the Medicare

program's rates for the data elements included in the breast
cancer treatment quality program.
The Department shall convene an expert panel, including
representatives of hospitals, free-standing breast cancer
treatment centers, breast cancer quality organizations, and
doctors, including breast surgeons, reconstructive breast
surgeons, oncologists, and primary care providers to establish
quality standards for breast cancer treatment.
Subject to federal approval, the Department shall
establish a rate methodology for mammography at federally
qualified health centers and other encounter-rate clinics.
These clinics or centers may also collaborate with other
hospital-based mammography facilities. By January 1, 2016, the
Department shall report to the General Assembly on the status
of the provision set forth in this paragraph.
The Department shall establish a methodology to remind
individuals who are age-appropriate for screening mammography,
but who have not received a mammogram within the previous 18
months, of the importance and benefit of screening
mammography. The Department shall work with experts in breast
cancer outreach and patient navigation to optimize these
reminders and shall establish a methodology for evaluating
their effectiveness and modifying the methodology based on the
evaluation.
The Department shall establish a performance goal for
primary care providers with respect to their female patients

over age 40 receiving an annual mammogram. This performance
goal shall be used to provide additional reimbursement in the
form of a quality performance bonus to primary care providers
who meet that goal.
The Department shall devise a means of case-managing or
patient navigation for beneficiaries diagnosed with breast
cancer. This program shall initially operate as a pilot
program in areas of the State with the highest incidence of
mortality related to breast cancer. At least one pilot program
site shall be in the metropolitan Chicago area and at least one
site shall be outside the metropolitan Chicago area. On or
after July 1, 2016, the pilot program shall be expanded to
include one site in western Illinois, one site in southern
Illinois, one site in central Illinois, and 4 sites within
metropolitan Chicago. An evaluation of the pilot program shall
be carried out measuring health outcomes and cost of care for
those served by the pilot program compared to similarly
situated patients who are not served by the pilot program.
The Department shall require all networks of care to
develop a means either internally or by contract with experts
in navigation and community outreach to navigate cancer
patients to comprehensive care in a timely fashion. The
Department shall require all networks of care to include
access for patients diagnosed with cancer to at least one
academic commission on cancer-accredited cancer program as an
in-network covered benefit.

On or after July 1, 2022, individuals who are otherwise
eligible for medical assistance under this Article shall
receive coverage for perinatal depression screenings for the
12-month period beginning on the last day of their pregnancy.
Medical assistance coverage under this paragraph shall be
conditioned on the use of a screening instrument approved by
the Department.
Any medical or health care provider shall immediately
recommend, to any pregnant individual who is being provided
prenatal services and is suspected of having a substance use
disorder as defined in the Substance Use Disorder Act,
referral to a local substance use disorder treatment program
licensed by the Department of Human Services or to a licensed
hospital which provides substance abuse treatment services.
The Department of Healthcare and Family Services shall assure
coverage for the cost of treatment of the drug abuse or
addiction for pregnant recipients in accordance with the
Illinois Medicaid Program in conjunction with the Department
of Human Services.
All medical providers providing medical assistance to
pregnant individuals under this Code shall receive information
from the Department on the availability of services under any
program providing case management services for addicted
individuals, including information on appropriate referrals
for other social services that may be needed by addicted
individuals in addition to treatment for addiction.

The Illinois Department, in cooperation with the
Departments of Human Services (as successor to the Department
of Alcoholism and Substance Abuse) and Public Health, through
a public awareness campaign, may provide information
concerning treatment for alcoholism and drug abuse and
addiction, prenatal health care, and other pertinent programs
directed at reducing the number of drug-affected infants born
to recipients of medical assistance.
Neither the Department of Healthcare and Family Services
nor the Department of Human Services shall sanction the
recipient solely on the basis of the recipient's substance
abuse.
The Illinois Department shall establish such regulations
governing the dispensing of health services under this Article
as it shall deem appropriate. The Department should seek the
advice of formal professional advisory committees appointed by
the Director of the Illinois Department for the purpose of
providing regular advice on policy and administrative matters,
information dissemination and educational activities for
medical and health care providers, and consistency in
procedures to the Illinois Department.
The Illinois Department may develop and contract with
Partnerships of medical providers to arrange medical services
for persons eligible under Section 5-2 of this Code.
Implementation of this Section may be by demonstration
projects in certain geographic areas. The Partnership shall be

represented by a sponsor organization. The Department, by
rule, shall develop qualifications for sponsors of
Partnerships. Nothing in this Section shall be construed to
require that the sponsor organization be a medical
organization.
The sponsor must negotiate formal written contracts with
medical providers for physician services, inpatient and
outpatient hospital care, home health services, treatment for
alcoholism and substance abuse, and other services determined
necessary by the Illinois Department by rule for delivery by
Partnerships. Physician services must include prenatal and
obstetrical care. The Illinois Department shall reimburse
medical services delivered by Partnership providers to clients
in target areas according to provisions of this Article and
the Illinois Health Finance Reform Act, except that:
(1) Physicians participating in a Partnership and
providing certain services, which shall be determined by
the Illinois Department, to persons in areas covered by
the Partnership may receive an additional surcharge for
such services.
(2) The Department may elect to consider and negotiate
financial incentives to encourage the development of
Partnerships and the efficient delivery of medical care.
(3) Persons receiving medical services through
Partnerships may receive medical and case management
services above the level usually offered through the

medical assistance program.
Medical providers shall be required to meet certain
qualifications to participate in Partnerships to ensure the
delivery of high quality medical services. These
qualifications shall be determined by rule of the Illinois
Department and may be higher than qualifications for
participation in the medical assistance program. Partnership
sponsors may prescribe reasonable additional qualifications
for participation by medical providers, only with the prior
written approval of the Illinois Department.
Nothing in this Section shall limit the free choice of
practitioners, hospitals, and other providers of medical
services by clients. In order to ensure patient freedom of
choice, the Illinois Department shall immediately promulgate
all rules and take all other necessary actions so that
provided services may be accessed from therapeutically
certified optometrists to the full extent of the Illinois
Optometric Practice Act of 1987 without discriminating between
service providers.
The Department shall apply for a waiver from the United
States Health Care Financing Administration to allow for the
implementation of Partnerships under this Section.
The Illinois Department shall require health care
providers to maintain records that document the medical care
and services provided to recipients of Medical Assistance
under this Article. Such records must be retained for a period

of not less than 6 years from the date of service or as
provided by applicable State law, whichever period is longer,
except that if an audit is initiated within the required
retention period then the records must be retained until the
audit is completed and every exception is resolved. The
Illinois Department shall require health care providers to
make available, when authorized by the patient, in writing,
the medical records in a timely fashion to other health care
providers who are treating or serving persons eligible for
Medical Assistance under this Article. All dispensers of
medical services shall be required to maintain and retain
business and professional records sufficient to fully and
accurately document the nature, scope, details and receipt of
the health care provided to persons eligible for medical
assistance under this Code, in accordance with regulations
promulgated by the Illinois Department. The rules and
regulations shall require that proof of the receipt of
prescription drugs, dentures, prosthetic devices and
eyeglasses by eligible persons under this Section accompany
each claim for reimbursement submitted by the dispenser of
such medical services. No such claims for reimbursement shall
be approved for payment by the Illinois Department without
such proof of receipt, unless the Illinois Department shall
have put into effect and shall be operating a system of
post-payment audit and review which shall, on a sampling
basis, be deemed adequate by the Illinois Department to assure

that such drugs, dentures, prosthetic devices and eyeglasses
for which payment is being made are actually being received by
eligible recipients. Within 90 days after September 16, 1984
(the effective date of Public Act 83-1439), the Illinois
Department shall establish a current list of acquisition costs
for all prosthetic devices and any other items recognized as
medical equipment and supplies reimbursable under this Article
and shall update such list on a quarterly basis, except that
the acquisition costs of all prescription drugs shall be
updated no less frequently than every 30 days as required by
Section 5-5.12.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after July 22, 2013
(the effective date of Public Act 98-104), establish
procedures to permit skilled care facilities licensed under
the Nursing Home Care Act to submit monthly billing claims for
reimbursement purposes. Following development of these
procedures, the Department shall, by July 1, 2016, test the
viability of the new system and implement any necessary
operational or structural changes to its information
technology platforms in order to allow for the direct
acceptance and payment of nursing home claims.
Notwithstanding any other law to the contrary, the
Illinois Department shall, within 365 days after August 15,
2014 (the effective date of Public Act 98-963), establish
procedures to permit ID/DD facilities licensed under the ID/DD

Community Care Act and MC/DD facilities licensed under the
MC/DD Act to submit monthly billing claims for reimbursement
purposes. Following development of these procedures, the
Department shall have an additional 365 days to test the
viability of the new system and to ensure that any necessary
operational or structural changes to its information
technology platforms are implemented.
The Illinois Department shall require all dispensers of
medical services, other than an individual practitioner or
group of practitioners, desiring to participate in the Medical
Assistance program established under this Article to disclose
all financial, beneficial, ownership, equity, surety or other
interests in any and all firms, corporations, partnerships,
associations, business enterprises, joint ventures, agencies,
institutions or other legal entities providing any form of
health care services in this State under this Article.
The Illinois Department may require that all dispensers of
medical services desiring to participate in the medical
assistance program established under this Article disclose,
under such terms and conditions as the Illinois Department may
by rule establish, all inquiries from clients and attorneys
regarding medical bills paid by the Illinois Department, which
inquiries could indicate potential existence of claims or
liens for the Illinois Department.
Enrollment of a vendor shall be subject to a provisional
period and shall be conditional for one year. During the

period of conditional enrollment, the Department may terminate
the vendor's eligibility to participate in, or may disenroll
the vendor from, the medical assistance program without cause.
Unless otherwise specified, such termination of eligibility or
disenrollment is not subject to the Department's hearing
process. However, a disenrolled vendor may reapply without
penalty.
The Department has the discretion to limit the conditional
enrollment period for vendors based upon category of risk of
the vendor.
Prior to enrollment and during the conditional enrollment
period in the medical assistance program, all vendors shall be
subject to enhanced oversight, screening, and review based on
the risk of fraud, waste, and abuse that is posed by the
category of risk of the vendor. The Illinois Department shall
establish the procedures for oversight, screening, and review,
which may include, but need not be limited to: criminal and
financial background checks; fingerprinting; license,
certification, and authorization verifications; unscheduled or
unannounced site visits; database checks; prepayment audit
reviews; audits; payment caps; payment suspensions; and other
screening as required by federal or State law.
The Department shall define or specify the following: (i)
by provider notice, the "category of risk of the vendor" for
each type of vendor, which shall take into account the level of
screening applicable to a particular category of vendor under

federal law and regulations; (ii) by rule or provider notice,
the maximum length of the conditional enrollment period for
each category of risk of the vendor; and (iii) by rule, the
hearing rights, if any, afforded to a vendor in each category
of risk of the vendor that is terminated or disenrolled during
the conditional enrollment period.
To be eligible for payment consideration, a vendor's
payment claim or bill, either as an initial claim or as a
resubmitted claim following prior rejection, must be received
by the Illinois Department, or its fiscal intermediary, no
later than 180 days after the latest date on the claim on which
medical goods or services were provided, with the following
exceptions:
(1) In the case of a provider whose enrollment is in
process by the Illinois Department, the 180-day period
shall not begin until the date on the written notice from
the Illinois Department that the provider enrollment is
complete.
(2) In the case of errors attributable to the Illinois
Department or any of its claims processing intermediaries
which result in an inability to receive, process, or
adjudicate a claim, the 180-day period shall not begin
until the provider has been notified of the error.
(3) In the case of a provider for whom the Illinois
Department initiates the monthly billing process.
(4) In the case of a provider operated by a unit of

local government with a population exceeding 3,000,000
when local government funds finance federal participation
for claims payments.
For claims for services rendered during a period for which
a recipient received retroactive eligibility, claims must be
filed within 180 days after the Department determines the
applicant is eligible. For claims for which the Illinois
Department is not the primary payer, claims must be submitted
to the Illinois Department within 180 days after the final
adjudication by the primary payer.
In the case of long term care facilities, within 120
calendar days of receipt by the facility of required
prescreening information, new admissions with associated
admission documents shall be submitted through the Medical
Electronic Data Interchange (MEDI) or the Recipient
Eligibility Verification (REV) System or shall be submitted
directly to the Department of Human Services using required
admission forms. Effective September 1, 2014, admission
documents, including all prescreening information, must be
submitted through MEDI or REV. Confirmation numbers assigned
to an accepted transaction shall be retained by a facility to
verify timely submittal. Once an admission transaction has
been completed, all resubmitted claims following prior
rejection are subject to receipt no later than 180 days after
the admission transaction has been completed.
Claims that are not submitted and received in compliance

with the foregoing requirements shall not be eligible for
payment under the medical assistance program, and the State
shall have no liability for payment of those claims.
To the extent consistent with applicable information and
privacy, security, and disclosure laws, State and federal
agencies and departments shall provide the Illinois Department
access to confidential and other information and data
necessary to perform eligibility and payment verifications and
other Illinois Department functions. This includes, but is not
limited to: information pertaining to licensure;
certification; earnings; immigration status; citizenship; wage
reporting; unearned and earned income; pension income;
employment; supplemental security income; social security
numbers; National Provider Identifier (NPI) numbers; the
National Practitioner Data Bank (NPDB); program and agency
exclusions; taxpayer identification numbers; tax delinquency;
corporate information; and death records.
The Illinois Department shall enter into agreements with
State agencies and departments, and is authorized to enter
into agreements with federal agencies and departments, under
which such agencies and departments shall share data necessary
for medical assistance program integrity functions and
oversight. The Illinois Department shall develop, in
cooperation with other State departments and agencies, and in
compliance with applicable federal laws and regulations,
appropriate and effective methods to share such data. At a

minimum, and to the extent necessary to provide data sharing,
the Illinois Department shall enter into agreements with State
agencies and departments, and is authorized to enter into
agreements with federal agencies and departments, including,
but not limited to: the Secretary of State; the Department of
Revenue; the Department of Public Health; the Department of
Human Services; and the Department of Financial and
Professional Regulation.
Beginning in fiscal year 2013, the Illinois Department
shall set forth a request for information to identify the
benefits of a pre-payment, post-adjudication, and post-edit
claims system with the goals of streamlining claims processing
and provider reimbursement, reducing the number of pending or
rejected claims, and helping to ensure a more transparent
adjudication process through the utilization of: (i) provider
data verification and provider screening technology; and (ii)
clinical code editing; and (iii) pre-pay, pre- or
post-adjudicated predictive modeling with an integrated case
management system with link analysis. Such a request for
information shall not be considered as a request for proposal
or as an obligation on the part of the Illinois Department to
take any action or acquire any products or services.
The Illinois Department shall establish policies,
procedures, standards and criteria by rule for the
acquisition, repair and replacement of orthotic and prosthetic
devices and durable medical equipment. Such rules shall

provide, but not be limited to, the following services: (1)
immediate repair or replacement of such devices by recipients;
and (2) rental, lease, purchase or lease-purchase of durable
medical equipment in a cost-effective manner, taking into
consideration the recipient's medical prognosis, the extent of
the recipient's needs, and the requirements and costs for
maintaining such equipment. Subject to prior approval, such
rules shall enable a recipient to temporarily acquire and use
alternative or substitute devices or equipment pending repairs
or replacements of any device or equipment previously
authorized for such recipient by the Department.
Notwithstanding any provision of Section 5-5f to the contrary,
the Department may, by rule, exempt certain replacement
wheelchair parts from prior approval and, for wheelchairs,
wheelchair parts, wheelchair accessories, and related seating
and positioning items, determine the wholesale price by
methods other than actual acquisition costs.
The Department shall require, by rule, all providers of
durable medical equipment to be accredited by an accreditation
organization approved by the federal Centers for Medicare and
Medicaid Services and recognized by the Department in order to
bill the Department for providing durable medical equipment to
recipients. No later than 15 months after the effective date
of the rule adopted pursuant to this paragraph, all providers
must meet the accreditation requirement.
In order to promote environmental responsibility, meet the

needs of recipients and enrollees, and achieve significant
cost savings, the Department, or a managed care organization
under contract with the Department, may provide recipients or
managed care enrollees who have a prescription or Certificate
of Medical Necessity access to refurbished durable medical
equipment under this Section (excluding prosthetic and
orthotic devices as defined in the Orthotics, Prosthetics, and
Pedorthics Practice Act and complex rehabilitation technology
products and associated services) through the State's
assistive technology program's reutilization program, using
staff with the Assistive Technology Professional (ATP)
Certification if the refurbished durable medical equipment:
(i) is available; (ii) is less expensive, including shipping
costs, than new durable medical equipment of the same type;
(iii) is able to withstand at least 3 years of use; (iv) is
cleaned, disinfected, sterilized, and safe in accordance with
federal Food and Drug Administration regulations and guidance
governing the reprocessing of medical devices in health care
settings; and (v) equally meets the needs of the recipient or
enrollee. The reutilization program shall confirm that the
recipient or enrollee is not already in receipt of the same or
similar equipment from another service provider, and that the
refurbished durable medical equipment equally meets the needs
of the recipient or enrollee. Nothing in this paragraph shall
be construed to limit recipient or enrollee choice to obtain
new durable medical equipment or place any additional prior

authorization conditions on enrollees of managed care
organizations.
The Department shall execute, relative to the nursing home
prescreening project, written inter-agency agreements with the
Department of Human Services and the Department on Aging, to
effect the following: (i) intake procedures and common
eligibility criteria for those persons who are receiving
non-institutional services; and (ii) the establishment and
development of non-institutional services in areas of the
State where they are not currently available or are
undeveloped; and (iii) notwithstanding any other provision of
law, subject to federal approval, on and after July 1, 2012, an
increase in the determination of need (DON) scores from 29 to
37 for applicants for institutional and home and
community-based long term care; if and only if federal
approval is not granted, the Department may, in conjunction
with other affected agencies, implement utilization controls
or changes in benefit packages to effectuate a similar savings
amount for this population; and (iv) no later than July 1,
2013, minimum level of care eligibility criteria for
institutional and home and community-based long term care; and
(v) no later than October 1, 2013, establish procedures to
permit long term care providers access to eligibility scores
for individuals with an admission date who are seeking or
receiving services from the long term care provider. In order
to select the minimum level of care eligibility criteria, the

Governor shall establish a workgroup that includes affected
agency representatives and stakeholders representing the
institutional and home and community-based long term care
interests. This Section shall not restrict the Department from
implementing lower level of care eligibility criteria for
community-based services in circumstances where federal
approval has been granted.
The Illinois Department shall develop and operate, in
cooperation with other State Departments and agencies and in
compliance with applicable federal laws and regulations,
appropriate and effective systems of health care evaluation
and programs for monitoring of utilization of health care
services and facilities, as it affects persons eligible for
medical assistance under this Code.
The Illinois Department shall report annually to the
General Assembly, no later than the second Friday in April of
1979 and each year thereafter, in regard to:
(a) actual statistics and trends in utilization of
medical services by public aid recipients;
(b) actual statistics and trends in the provision of
the various medical services by medical vendors;
(c) current rate structures and proposed changes in
those rate structures for the various medical vendors; and
(d) efforts at utilization review and control by the
Illinois Department.
The period covered by each report shall be the 3 years

ending on the June 30 prior to the report. The report shall
include suggested legislation for consideration by the General
Assembly. The requirement for reporting to the General
Assembly shall be satisfied by filing copies of the report as
required by Section 3.1 of the General Assembly Organization
Act, and filing such additional copies with the State
Government Report Distribution Center for the General Assembly
as is required under paragraph (t) of Section 7 of the State
Library Act.
Rulemaking authority to implement Public Act 95-1045, if
any, is conditioned on the rules being adopted in accordance
with all provisions of the Illinois Administrative Procedure
Act and all rules and procedures of the Joint Committee on
Administrative Rules; any purported rule not so adopted, for
whatever reason, is unauthorized.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.
Because kidney transplantation can be an appropriate,
cost-effective alternative to renal dialysis when medically
necessary and notwithstanding the provisions of Section 1-11
of this Code, beginning October 1, 2014, the Department shall
cover kidney transplantation for noncitizens with end-stage
renal disease who are not eligible for comprehensive medical

benefits, who meet the residency requirements of Section 5-3
of this Code, and who would otherwise meet the financial
requirements of the appropriate class of eligible persons
under Section 5-2 of this Code. To qualify for coverage of
kidney transplantation, such person must be receiving
emergency renal dialysis services covered by the Department.
Providers under this Section shall be prior approved and
certified by the Department to perform kidney transplantation
and the services under this Section shall be limited to
services associated with kidney transplantation.
Notwithstanding any other provision of this Code to the
contrary, on or after July 1, 2015, all FDA approved forms of
medication assisted treatment prescribed for the treatment of
alcohol dependence or treatment of opioid dependence shall be
covered under both fee for service and managed care medical
assistance programs for persons who are otherwise eligible for
medical assistance under this Article and shall not be subject
to any (1) utilization control, other than those established
under the American Society of Addiction Medicine patient
placement criteria, (2) prior authorization mandate, or (3)
lifetime restriction limit mandate.
On or after July 1, 2015, opioid antagonists prescribed
for the treatment of an opioid overdose, including the
medication product, administration devices, and any pharmacy
fees or hospital fees related to the dispensing, distribution,
and administration of the opioid antagonist, shall be covered

under the medical assistance program for persons who are
otherwise eligible for medical assistance under this Article.
As used in this Section, "opioid antagonist" means a drug that
binds to opioid receptors and blocks or inhibits the effect of
opioids acting on those receptors, including, but not limited
to, naloxone hydrochloride or any other similarly acting drug
approved by the U.S. Food and Drug Administration.
Upon federal approval, the Department shall provide
coverage and reimbursement for all drugs that are approved for
marketing by the federal Food and Drug Administration and that
are recommended by the federal Public Health Service or the
United States Centers for Disease Control and Prevention for
pre-exposure prophylaxis and related pre-exposure prophylaxis
services, including, but not limited to, HIV and sexually
transmitted infection screening, treatment for sexually
transmitted infections, medical monitoring, assorted labs, and
counseling to reduce the likelihood of HIV infection among
individuals who are not infected with HIV but who are at high
risk of HIV infection.
A federally qualified health center, as defined in Section
1905(l)(2)(B) of the federal Social Security Act, shall be
reimbursed by the Department in accordance with the federally
qualified health center's encounter rate for services provided
to medical assistance recipients that are performed by a
dental hygienist, as defined under the Illinois Dental
Practice Act, working under the general supervision of a

dentist and employed by a federally qualified health center.
Within 90 days after October 8, 2021 (the effective date
of Public Act 102-665) this amendatory Act of the 102nd
General Assembly, the Department shall seek federal approval
of a State Plan amendment to expand coverage for family
planning services that includes presumptive eligibility to
individuals whose income is at or below 208% of the federal
poverty level. Coverage under this Section shall be effective
beginning no later than December 1, 2022.
Subject to approval by the federal Centers for Medicare
and Medicaid Services of a Title XIX State Plan amendment
electing the Program of All-Inclusive Care for the Elderly
(PACE) as a State Medicaid option, as provided for by Subtitle
I (commencing with Section 4801) of Title IV of the Balanced
Budget Act of 1997 (Public Law 105-33) and Part 460
(commencing with Section 460.2) of Subchapter E of Title 42 of
the Code of Federal Regulations, PACE program services shall
become a covered benefit of the medical assistance program,
subject to criteria established in accordance with all
applicable laws.
Notwithstanding any other provision of this Code,
community-based pediatric palliative care from a trained
interdisciplinary team shall be covered under the medical
assistance program as provided in Section 15 of the Pediatric
Palliative Care Act.
(Source: P.A. 101-209, eff. 8-5-19; 101-580, eff. 1-1-20;

102-43, Article 30, Section 30-5, eff. 7-6-21; 102-43, Article
35, Section 35-5, eff. 7-6-21; 102-43, Article 55, Section
55-5, eff. 7-6-21; 102-95, eff. 1-1-22; 102-123, eff. 1-1-22;
102-558, eff. 8-20-21; 102-598, eff. 1-1-22; 102-655, eff.
1-1-22; 102-665, eff. 10-8-21; revised 11-18-21.)
(305 ILCS 5/5-5.12d)
Sec. 5-5.12d. Coverage for patient care services for
hormonal contraceptives provided by a pharmacist.
(a) Subject to approval by the federal Centers for
Medicare and Medicaid Services, the medical assistance
program, including both the fee-for-service and managed care
medical assistance programs established under this Article,
shall cover patient care services provided by a pharmacist for
hormonal contraceptives assessment and consultation.
(b) The Department shall establish a fee schedule for
patient care services provided by a pharmacist for hormonal
contraceptives assessment and consultation.
(c) The rate of reimbursement for patient care services
provided by a pharmacist for hormonal contraceptives
assessment and consultation shall be at 85% of the fee
schedule for physician services by the medical assistance
program.
(d) A pharmacist must be enrolled in the medical
assistance program as an ordering and referring provider prior
to providing hormonal contraceptives assessment and

consultation that is submitted by a pharmacy or pharmacist
provider for reimbursement pursuant to this Section.
(e) The Department shall apply for any necessary federal
waivers or approvals to implement this Section by January 1,
2022.
(f) This Section does not restrict or prohibit any
services currently provided by pharmacists as authorized by
law, including, but not limited to, pharmacist services
provided under this Code or authorized under the Illinois
Title XIX State Plan.
(g) The Department shall submit to the Joint Committee on
Administrative Rules administrative rules for this Section as
soon as practicable but no later than 6 months after federal
approval is received.
(Source: P.A. 102-103, eff. 1-1-22.)
(305 ILCS 5/5-5.12e)
Sec. 5-5.12e 5-5.12d. Managed care organization prior
authorization of health care services.
(a) As used in this Section, "health care service" has the
meaning given to that term in the Prior Authorization Reform
Act.
(b) Notwithstanding any other provision of law to the
contrary, all managed care organizations shall comply with the
requirements of the Prior Authorization Reform Act.
(Source: P.A. 102-409, eff. 1-1-22; revised 11-10-21.)

(305 ILCS 5/5-5f)
Sec. 5-5f. Elimination and limitations of medical
assistance services. Notwithstanding any other provision of
this Code to the contrary, on and after July 1, 2012:
(a) The following service shall no longer be a covered
service available under this Code: group psychotherapy for
residents of any facility licensed under the Nursing Home
Care Act or the Specialized Mental Health Rehabilitation
Act of 2013.
(b) The Department shall place the following
limitations on services: (i) the Department shall limit
adult eyeglasses to one pair every 2 years; however, the
limitation does not apply to an individual who needs
different eyeglasses following a surgical procedure such
as cataract surgery; (ii) the Department shall set an
annual limit of a maximum of 20 visits for each of the
following services: adult speech, hearing, and language
therapy services, adult occupational therapy services, and
physical therapy services; on or after October 1, 2014,
the annual maximum limit of 20 visits shall expire but the
Department may require prior approval for all individuals
for speech, hearing, and language therapy services,
occupational therapy services, and physical therapy
services; (iii) the Department shall limit adult podiatry
services to individuals with diabetes; on or after October

1, 2014, podiatry services shall not be limited to
individuals with diabetes; (iv) the Department shall pay
for caesarean sections at the normal vaginal delivery rate
unless a caesarean section was medically necessary; (v)
the Department shall limit adult dental services to
emergencies; beginning July 1, 2013, the Department shall
ensure that the following conditions are recognized as
emergencies: (A) dental services necessary for an
individual in order for the individual to be cleared for a
medical procedure, such as a transplant; (B) extractions
and dentures necessary for a diabetic to receive proper
nutrition; (C) extractions and dentures necessary as a
result of cancer treatment; and (D) dental services
necessary for the health of a pregnant woman prior to
delivery of her baby; on or after July 1, 2014, adult
dental services shall no longer be limited to emergencies,
and dental services necessary for the health of a pregnant
woman prior to delivery of her baby shall continue to be
covered; and (vi) effective July 1, 2012 through June 30,
2021, the Department shall place limitations and require
concurrent review on every inpatient detoxification stay
to prevent repeat admissions to any hospital for
detoxification within 60 days of a previous inpatient
detoxification stay. The Department shall convene a
workgroup of hospitals, substance abuse providers, care
coordination entities, managed care plans, and other

stakeholders to develop recommendations for quality
standards, diversion to other settings, and admission
criteria for patients who need inpatient detoxification,
which shall be published on the Department's website no
later than September 1, 2013.
(c) The Department shall require prior approval of the
following services: wheelchair repairs costing more than
$750, coronary artery bypass graft, and bariatric surgery
consistent with Medicare standards concerning patient
responsibility. Wheelchair repair prior approval requests
shall be adjudicated within one business day of receipt of
complete supporting documentation. Providers may not break
wheelchair repairs into separate claims for purposes of
staying under the $750 threshold for requiring prior
approval. The wholesale price of manual and power
wheelchairs, durable medical equipment and supplies, and
complex rehabilitation technology products and services
shall be defined as actual acquisition cost including all
discounts.
(d) The Department shall establish benchmarks for
hospitals to measure and align payments to reduce
potentially preventable hospital readmissions, inpatient
complications, and unnecessary emergency room visits. In
doing so, the Department shall consider items, including,
but not limited to, historic and current acuity of care
and historic and current trends in readmission. The

Department shall publish provider-specific historical
readmission data and anticipated potentially preventable
targets 60 days prior to the start of the program. In the
instance of readmissions, the Department shall adopt
policies and rates of reimbursement for services and other
payments provided under this Code to ensure that, by June
30, 2013, expenditures to hospitals are reduced by, at a
minimum, $40,000,000.
(e) The Department shall establish utilization
controls for the hospice program such that it shall not
pay for other care services when an individual is in
hospice.
(f) For home health services, the Department shall
require Medicare certification of providers participating
in the program and implement the Medicare face-to-face
encounter rule. The Department shall require providers to
implement auditable electronic service verification based
on global positioning systems or other cost-effective
technology.
(g) For the Home Services Program operated by the
Department of Human Services and the Community Care
Program operated by the Department on Aging, the
Department of Human Services, in cooperation with the
Department on Aging, shall implement an electronic service
verification based on global positioning systems or other
cost-effective technology.

(h) Effective with inpatient hospital admissions on or
after July 1, 2012, the Department shall reduce the
payment for a claim that indicates the occurrence of a
provider-preventable condition during the admission as
specified by the Department in rules. The Department shall
not pay for services related to an other
provider-preventable condition.
As used in this subsection (h):
"Provider-preventable condition" means a health care
acquired condition as defined under the federal Medicaid
regulation found at 42 CFR 447.26 or an other
provider-preventable condition.
"Other provider-preventable condition" means a wrong
surgical or other invasive procedure performed on a
patient, a surgical or other invasive procedure performed
on the wrong body part, or a surgical procedure or other
invasive procedure performed on the wrong patient.
(i) The Department shall implement cost savings
initiatives for advanced imaging services, cardiac imaging
services, pain management services, and back surgery. Such
initiatives shall be designed to achieve annual costs
savings.
(j) The Department shall ensure that beneficiaries
with a diagnosis of epilepsy or seizure disorder in
Department records will not require prior approval for
anticonvulsants.

(Source: P.A. 101-209, eff. 8-5-19; 102-43, Article 5, Section
5-5, eff. 7-6-21; 102-43, Article 30, Section 30-5, eff.
7-6-21; 102-43, Article 80, Section 80-5, eff. 7-6-21; revised
7-15-21.)
(305 ILCS 5/5-16.8)
Sec. 5-16.8. Required health benefits. The medical
assistance program shall (i) provide the post-mastectomy care
benefits required to be covered by a policy of accident and
health insurance under Section 356t and the coverage required
under Sections 356g.5, 356q, 356u, 356w, 356x, 356z.6,
356z.26, 356z.29, 356z.32, 356z.33, 356z.34, 356z.35, 356z.46,
356z.47, and 356z.51 and 356z.43 of the Illinois Insurance
Code, (ii) be subject to the provisions of Sections 356z.19,
356z.43, 356z.44, 356z.49, 364.01, 370c, and 370c.1 of the
Illinois Insurance Code, and (iii) be subject to the
provisions of subsection (d-5) of Section 10 of the Network
Adequacy and Transparency Act.
The Department, by rule, shall adopt a model similar to
the requirements of Section 356z.39 of the Illinois Insurance
Code.
On and after July 1, 2012, the Department shall reduce any
rate of reimbursement for services or other payments or alter
any methodologies authorized by this Code to reduce any rate
of reimbursement for services or other payments in accordance
with Section 5-5e.

To ensure full access to the benefits set forth in this
Section, on and after January 1, 2016, the Department shall
ensure that provider and hospital reimbursement for
post-mastectomy care benefits required under this Section are
no lower than the Medicare reimbursement rate.
(Source: P.A. 101-81, eff. 7-12-19; 101-218, eff. 1-1-20;
101-281, eff. 1-1-20; 101-371, eff. 1-1-20; 101-574, eff.
1-1-20; 101-649, eff. 7-7-20; 102-30, eff. 1-1-22; 102-144,
eff. 1-1-22; 102-203, eff. 1-1-22; 102-306, eff. 1-1-22;
102-530, eff. 1-1-22; 102-642, eff. 1-1-22; revised 10-27-21.)
(305 ILCS 5/5-30.1)
Sec. 5-30.1. Managed care protections.
(a) As used in this Section:
"Managed care organization" or "MCO" means any entity
which contracts with the Department to provide services where
payment for medical services is made on a capitated basis.
"Emergency services" include:
(1) emergency services, as defined by Section 10 of
the Managed Care Reform and Patient Rights Act;
(2) emergency medical screening examinations, as
defined by Section 10 of the Managed Care Reform and
Patient Rights Act;
(3) post-stabilization medical services, as defined by
Section 10 of the Managed Care Reform and Patient Rights
Act; and

(4) emergency medical conditions, as defined by
Section 10 of the Managed Care Reform and Patient Rights
Act.
(b) As provided by Section 5-16.12, managed care
organizations are subject to the provisions of the Managed
Care Reform and Patient Rights Act.
(c) An MCO shall pay any provider of emergency services
that does not have in effect a contract with the contracted
Medicaid MCO. The default rate of reimbursement shall be the
rate paid under Illinois Medicaid fee-for-service program
methodology, including all policy adjusters, including but not
limited to Medicaid High Volume Adjustments, Medicaid
Percentage Adjustments, Outpatient High Volume Adjustments,
and all outlier add-on adjustments to the extent such
adjustments are incorporated in the development of the
applicable MCO capitated rates.
(d) An MCO shall pay for all post-stabilization services
as a covered service in any of the following situations:
(1) the MCO authorized such services;
(2) such services were administered to maintain the
enrollee's stabilized condition within one hour after a
request to the MCO for authorization of further
post-stabilization services;
(3) the MCO did not respond to a request to authorize
such services within one hour;
(4) the MCO could not be contacted; or

(5) the MCO and the treating provider, if the treating
provider is a non-affiliated provider, could not reach an
agreement concerning the enrollee's care and an affiliated
provider was unavailable for a consultation, in which case
the MCO must pay for such services rendered by the
treating non-affiliated provider until an affiliated
provider was reached and either concurred with the
treating non-affiliated provider's plan of care or assumed
responsibility for the enrollee's care. Such payment shall
be made at the default rate of reimbursement paid under
Illinois Medicaid fee-for-service program methodology,
including all policy adjusters, including but not limited
to Medicaid High Volume Adjustments, Medicaid Percentage
Adjustments, Outpatient High Volume Adjustments and all
outlier add-on adjustments to the extent that such
adjustments are incorporated in the development of the
applicable MCO capitated rates.
(e) The following requirements apply to MCOs in
determining payment for all emergency services:
(1) MCOs shall not impose any requirements for prior
approval of emergency services.
(2) The MCO shall cover emergency services provided to
enrollees who are temporarily away from their residence
and outside the contracting area to the extent that the
enrollees would be entitled to the emergency services if
they still were within the contracting area.

(3) The MCO shall have no obligation to cover medical
services provided on an emergency basis that are not
covered services under the contract.
(4) The MCO shall not condition coverage for emergency
services on the treating provider notifying the MCO of the
enrollee's screening and treatment within 10 days after
presentation for emergency services.
(5) The determination of the attending emergency
physician, or the provider actually treating the enrollee,
of whether an enrollee is sufficiently stabilized for
discharge or transfer to another facility, shall be
binding on the MCO. The MCO shall cover emergency services
for all enrollees whether the emergency services are
provided by an affiliated or non-affiliated provider.
(6) The MCO's financial responsibility for
post-stabilization care services it has not pre-approved
ends when:
(A) a plan physician with privileges at the
treating hospital assumes responsibility for the
enrollee's care;
(B) a plan physician assumes responsibility for
the enrollee's care through transfer;
(C) a contracting entity representative and the
treating physician reach an agreement concerning the
enrollee's care; or
(D) the enrollee is discharged.

(f) Network adequacy and transparency.
(1) The Department shall:
(A) ensure that an adequate provider network is in
place, taking into consideration health professional
shortage areas and medically underserved areas;
(B) publicly release an explanation of its process
for analyzing network adequacy;
(C) periodically ensure that an MCO continues to
have an adequate network in place;
(D) require MCOs, including Medicaid Managed Care
Entities as defined in Section 5-30.2, to meet
provider directory requirements under Section 5-30.3;
and
(E) require MCOs to ensure that any
Medicaid-certified provider under contract with an MCO
and previously submitted on a roster on the date of
service is paid for any medically necessary,
Medicaid-covered, and authorized service rendered to
any of the MCO's enrollees, regardless of inclusion on
the MCO's published and publicly available directory
of available providers; and .
(F) (E) require MCOs, including Medicaid Managed
Care Entities as defined in Section 5-30.2, to meet
each of the requirements under subsection (d-5) of
Section 10 of the Network Adequacy and Transparency
Act; with necessary exceptions to the MCO's network to

ensure that admission and treatment with a provider or
at a treatment facility in accordance with the network
adequacy standards in paragraph (3) of subsection
(d-5) of Section 10 of the Network Adequacy and
Transparency Act is limited to providers or facilities
that are Medicaid certified.
(2) Each MCO shall confirm its receipt of information
submitted specific to physician or dentist additions or
physician or dentist deletions from the MCO's provider
network within 3 days after receiving all required
information from contracted physicians or dentists, and
electronic physician and dental directories must be
updated consistent with current rules as published by the
Centers for Medicare and Medicaid Services or its
successor agency.
(g) Timely payment of claims.
(1) The MCO shall pay a claim within 30 days of
receiving a claim that contains all the essential
information needed to adjudicate the claim.
(2) The MCO shall notify the billing party of its
inability to adjudicate a claim within 30 days of
receiving that claim.
(3) The MCO shall pay a penalty that is at least equal
to the timely payment interest penalty imposed under
Section 368a of the Illinois Insurance Code for any claims
not timely paid.

(A) When an MCO is required to pay a timely payment
interest penalty to a provider, the MCO must calculate
and pay the timely payment interest penalty that is
due to the provider within 30 days after the payment of
the claim. In no event shall a provider be required to
request or apply for payment of any owed timely
payment interest penalties.
(B) Such payments shall be reported separately
from the claim payment for services rendered to the
MCO's enrollee and clearly identified as interest
payments.
(4)(A) The Department shall require MCOs to expedite
payments to providers identified on the Department's
expedited provider list, determined in accordance with 89
Ill. Adm. Code 140.71(b), on a schedule at least as
frequently as the providers are paid under the
Department's fee-for-service expedited provider schedule.
(B) Compliance with the expedited provider requirement
may be satisfied by an MCO through the use of a Periodic
Interim Payment (PIP) program that has been mutually
agreed to and documented between the MCO and the provider,
if the PIP program ensures that any expedited provider
receives regular and periodic payments based on prior
period payment experience from that MCO. Total payments
under the PIP program may be reconciled against future PIP
payments on a schedule mutually agreed to between the MCO

and the provider.
(C) The Department shall share at least monthly its
expedited provider list and the frequency with which it
pays providers on the expedited list.
(g-5) Recognizing that the rapid transformation of the
Illinois Medicaid program may have unintended operational
challenges for both payers and providers:
(1) in no instance shall a medically necessary covered
service rendered in good faith, based upon eligibility
information documented by the provider, be denied coverage
or diminished in payment amount if the eligibility or
coverage information available at the time the service was
rendered is later found to be inaccurate in the assignment
of coverage responsibility between MCOs or the
fee-for-service system, except for instances when an
individual is deemed to have not been eligible for
coverage under the Illinois Medicaid program; and
(2) the Department shall, by December 31, 2016, adopt
rules establishing policies that shall be included in the
Medicaid managed care policy and procedures manual
addressing payment resolutions in situations in which a
provider renders services based upon information obtained
after verifying a patient's eligibility and coverage plan
through either the Department's current enrollment system
or a system operated by the coverage plan identified by
the patient presenting for services:

(A) such medically necessary covered services
shall be considered rendered in good faith;
(B) such policies and procedures shall be
developed in consultation with industry
representatives of the Medicaid managed care health
plans and representatives of provider associations
representing the majority of providers within the
identified provider industry; and
(C) such rules shall be published for a review and
comment period of no less than 30 days on the
Department's website with final rules remaining
available on the Department's website.
The rules on payment resolutions shall include, but
not be limited to:
(A) the extension of the timely filing period;
(B) retroactive prior authorizations; and
(C) guaranteed minimum payment rate of no less
than the current, as of the date of service,
fee-for-service rate, plus all applicable add-ons,
when the resulting service relationship is out of
network.
The rules shall be applicable for both MCO coverage
and fee-for-service coverage.
If the fee-for-service system is ultimately determined to
have been responsible for coverage on the date of service, the
Department shall provide for an extended period for claims

submission outside the standard timely filing requirements.
(g-6) MCO Performance Metrics Report.
(1) The Department shall publish, on at least a
quarterly basis, each MCO's operational performance,
including, but not limited to, the following categories of
metrics:
(A) claims payment, including timeliness and
accuracy;
(B) prior authorizations;
(C) grievance and appeals;
(D) utilization statistics;
(E) provider disputes;
(F) provider credentialing; and
(G) member and provider customer service.
(2) The Department shall ensure that the metrics
report is accessible to providers online by January 1,
2017.
(3) The metrics shall be developed in consultation
with industry representatives of the Medicaid managed care
health plans and representatives of associations
representing the majority of providers within the
identified industry.
(4) Metrics shall be defined and incorporated into the
applicable Managed Care Policy Manual issued by the
Department.
(g-7) MCO claims processing and performance analysis. In

order to monitor MCO payments to hospital providers, pursuant
to Public Act 100-580 this amendatory Act of the 100th General
Assembly, the Department shall post an analysis of MCO claims
processing and payment performance on its website every 6
months. Such analysis shall include a review and evaluation of
a representative sample of hospital claims that are rejected
and denied for clean and unclean claims and the top 5 reasons
for such actions and timeliness of claims adjudication, which
identifies the percentage of claims adjudicated within 30, 60,
90, and over 90 days, and the dollar amounts associated with
those claims.
(g-8) Dispute resolution process. The Department shall
maintain a provider complaint portal through which a provider
can submit to the Department unresolved disputes with an MCO.
An unresolved dispute means an MCO's decision that denies in
whole or in part a claim for reimbursement to a provider for
health care services rendered by the provider to an enrollee
of the MCO with which the provider disagrees. Disputes shall
not be submitted to the portal until the provider has availed
itself of the MCO's internal dispute resolution process.
Disputes that are submitted to the MCO internal dispute
resolution process may be submitted to the Department of
Healthcare and Family Services' complaint portal no sooner
than 30 days after submitting to the MCO's internal process
and not later than 30 days after the unsatisfactory resolution
of the internal MCO process or 60 days after submitting the

dispute to the MCO internal process. Multiple claim disputes
involving the same MCO may be submitted in one complaint,
regardless of whether the claims are for different enrollees,
when the specific reason for non-payment of the claims
involves a common question of fact or policy. Within 10
business days of receipt of a complaint, the Department shall
present such disputes to the appropriate MCO, which shall then
have 30 days to issue its written proposal to resolve the
dispute. The Department may grant one 30-day extension of this
time frame to one of the parties to resolve the dispute. If the
dispute remains unresolved at the end of this time frame or the
provider is not satisfied with the MCO's written proposal to
resolve the dispute, the provider may, within 30 days, request
the Department to review the dispute and make a final
determination. Within 30 days of the request for Department
review of the dispute, both the provider and the MCO shall
present all relevant information to the Department for
resolution and make individuals with knowledge of the issues
available to the Department for further inquiry if needed.
Within 30 days of receiving the relevant information on the
dispute, or the lapse of the period for submitting such
information, the Department shall issue a written decision on
the dispute based on contractual terms between the provider
and the MCO, contractual terms between the MCO and the
Department of Healthcare and Family Services and applicable
Medicaid policy. The decision of the Department shall be

final. By January 1, 2020, the Department shall establish by
rule further details of this dispute resolution process.
Disputes between MCOs and providers presented to the
Department for resolution are not contested cases, as defined
in Section 1-30 of the Illinois Administrative Procedure Act,
conferring any right to an administrative hearing.
(g-9)(1) The Department shall publish annually on its
website a report on the calculation of each managed care
organization's medical loss ratio showing the following:
(A) Premium revenue, with appropriate adjustments.
(B) Benefit expense, setting forth the aggregate
amount spent for the following:
(i) Direct paid claims.
(ii) Subcapitation payments.
(iii) Other claim payments.
(iv) Direct reserves.
(v) Gross recoveries.
(vi) Expenses for activities that improve health
care quality as allowed by the Department.
(2) The medical loss ratio shall be calculated consistent
with federal law and regulation following a claims runout
period determined by the Department.
(g-10)(1) "Liability effective date" means the date on
which an MCO becomes responsible for payment for medically
necessary and covered services rendered by a provider to one
of its enrollees in accordance with the contract terms between

the MCO and the provider. The liability effective date shall
be the later of:
(A) The execution date of a network participation
contract agreement.
(B) The date the provider or its representative
submits to the MCO the complete and accurate standardized
roster form for the provider in the format approved by the
Department.
(C) The provider effective date contained within the
Department's provider enrollment subsystem within the
Illinois Medicaid Program Advanced Cloud Technology
(IMPACT) System.
(2) The standardized roster form may be submitted to the
MCO at the same time that the provider submits an enrollment
application to the Department through IMPACT.
(3) By October 1, 2019, the Department shall require all
MCOs to update their provider directory with information for
new practitioners of existing contracted providers within 30
days of receipt of a complete and accurate standardized roster
template in the format approved by the Department provided
that the provider is effective in the Department's provider
enrollment subsystem within the IMPACT system. Such provider
directory shall be readily accessible for purposes of
selecting an approved health care provider and comply with all
other federal and State requirements.
(g-11) The Department shall work with relevant

stakeholders on the development of operational guidelines to
enhance and improve operational performance of Illinois'
Medicaid managed care program, including, but not limited to,
improving provider billing practices, reducing claim
rejections and inappropriate payment denials, and
standardizing processes, procedures, definitions, and response
timelines, with the goal of reducing provider and MCO
administrative burdens and conflict. The Department shall
include a report on the progress of these program improvements
and other topics in its Fiscal Year 2020 annual report to the
General Assembly.
(g-12) Notwithstanding any other provision of law, if the
Department or an MCO requires submission of a claim for
payment in a non-electronic format, a provider shall always be
afforded a period of no less than 90 business days, as a
correction period, following any notification of rejection by
either the Department or the MCO to correct errors or
omissions in the original submission.
Under no circumstances, either by an MCO or under the
State's fee-for-service system, shall a provider be denied
payment for failure to comply with any timely submission
requirements under this Code or under any existing contract,
unless the non-electronic format claim submission occurs after
the initial 180 days following the latest date of service on
the claim, or after the 90 business days correction period
following notification to the provider of rejection or denial

of payment.
(h) The Department shall not expand mandatory MCO
enrollment into new counties beyond those counties already
designated by the Department as of June 1, 2014 for the
individuals whose eligibility for medical assistance is not
the seniors or people with disabilities population until the
Department provides an opportunity for accountable care
entities and MCOs to participate in such newly designated
counties.
(i) The requirements of this Section apply to contracts
with accountable care entities and MCOs entered into, amended,
or renewed after June 16, 2014 (the effective date of Public
Act 98-651).
(j) Health care information released to managed care
organizations. A health care provider shall release to a
Medicaid managed care organization, upon request, and subject
to the Health Insurance Portability and Accountability Act of
1996 and any other law applicable to the release of health
information, the health care information of the MCO's
enrollee, if the enrollee has completed and signed a general
release form that grants to the health care provider
permission to release the recipient's health care information
to the recipient's insurance carrier.
(k) The Department of Healthcare and Family Services,
managed care organizations, a statewide organization
representing hospitals, and a statewide organization

representing safety-net hospitals shall explore ways to
support billing departments in safety-net hospitals.
(l) The requirements of this Section added by Public Act
102-4 this amendatory Act of the 102nd General Assembly shall
apply to services provided on or after the first day of the
month that begins 60 days after April 27, 2021 (the effective
date of Public Act 102-4) this amendatory Act of the 102nd
General Assembly.
(Source: P.A. 101-209, eff. 8-5-19; 102-4, eff. 4-27-21;
102-43, eff. 7-6-21; 102-144, eff. 1-1-22; 102-454, eff.
8-20-21; revised 10-5-21.)
(305 ILCS 5/5-41)
Sec. 5-41. Inpatient hospitalization for opioid-related
overdose or withdrawal patients. Due to the disproportionately
high opioid-related fatality rates among African Americans in
under-resourced communities in Illinois, the lack of community
resources, the comorbidities experienced by these patients,
and the high rate of hospital inpatient recidivism associated
with this population when improperly treated, the Department
shall ensure that patients, whether enrolled under the Medical
Assistance Fee For Service program or enrolled with a Medicaid
Managed Care Organization, experiencing opioid-related
overdose or withdrawal are admitted on an inpatient status and
the provider shall be reimbursed accordingly, when deemed
medically necessary, as determined by either the patient's

primary care physician, or the physician or other practitioner
responsible for the patient's care at the hospital to which
the patient presents, using criteria established by the
American Society of Addiction Medicine. If it is determined by
the physician or other practitioner responsible for the
patient's care at the hospital to which the patient presents,
that a patient does not meet medical necessity criteria for
the admission, then the patient may be treated via observation
and the provider shall seek reimbursement accordingly. Nothing
in this Section shall diminish the requirements of a provider
to document medical necessity in the patient's record.
(Source: P.A. 102-43, eff. 7-6-21.)
(305 ILCS 5/5-44)
Sec. 5-44 5-41. Screening, Brief Intervention, and
Referral to Treatment. As used in this Section, "SBIRT" means
a comprehensive, integrated, public health approach to the
delivery of early intervention and treatment services for
persons who are at risk of developing substance use disorders
or have substance use disorders including, but not limited to,
an addiction to alcohol, opioids, tobacco, or cannabis. SBIRT
services include all of the following:
(1) Screening to quickly assess the severity of
substance use and to identify the appropriate level of
treatment.
(2) Brief intervention focused on increasing insight

and awareness regarding substance use and motivation
toward behavioral change.
(3) Referral to treatment provided to those identified
as needing more extensive treatment with access to
specialty care.
SBIRT services may include, but are not limited to, the
following settings and programs: primary care centers,
hospital emergency rooms, hospital in-patient units, trauma
centers, community behavioral health programs, and other
community settings that provide opportunities for early
intervention with at-risk substance users before more severe
consequences occur.
The Department of Healthcare and Family Services shall
develop and seek federal approval of a SBIRT benefit for which
qualified providers shall be reimbursed under the medical
assistance program.
In conjunction with the Department of Human Services'
Division of Substance Use Prevention and Recovery, the
Department of Healthcare and Family Services may develop a
methodology and reimbursement rate for SBIRT services provided
by qualified providers in approved settings.
For opioid specific SBIRT services provided in a hospital
emergency department, the Department of Healthcare and Family
Services shall develop a bundled reimbursement methodology and
rate for a package of opioid treatment services, which include
initiation of medication for the treatment of opioid use

disorder in the emergency department setting, including
assessment, referral to ongoing care, and arranging access to
supportive services when necessary. This package of opioid
related services shall be billed on a separate claim and shall
be reimbursed outside of the Enhanced Ambulatory Patient
Grouping system.
(Source: P.A. 102-598, eff. 1-1-22; revised 11-18-21.)
(305 ILCS 5/9A-11) (from Ch. 23, par. 9A-11)
Sec. 9A-11. Child care.
(a) The General Assembly recognizes that families with
children need child care in order to work. Child care is
expensive and families with low incomes, including those who
are transitioning from welfare to work, often struggle to pay
the costs of day care. The General Assembly understands the
importance of helping low-income working families become and
remain self-sufficient. The General Assembly also believes
that it is the responsibility of families to share in the costs
of child care. It is also the preference of the General
Assembly that all working poor families should be treated
equally, regardless of their welfare status.
(b) To the extent resources permit, the Illinois
Department shall provide child care services to parents or
other relatives as defined by rule who are working or
participating in employment or Department approved education
or training programs. At a minimum, the Illinois Department

shall cover the following categories of families:
(1) recipients of TANF under Article IV participating
in work and training activities as specified in the
personal plan for employment and self-sufficiency;
(2) families transitioning from TANF to work;
(3) families at risk of becoming recipients of TANF;
(4) families with special needs as defined by rule;
(5) working families with very low incomes as defined
by rule;
(6) families that are not recipients of TANF and that
need child care assistance to participate in education and
training activities; and
(7) families with children under the age of 5 who have
an open intact family services case with the Department of
Children and Family Services. Any family that receives
child care assistance in accordance with this paragraph
shall remain eligible for child care assistance 6 months
after the child's intact family services case is closed,
regardless of whether the child's parents or other
relatives as defined by rule are working or participating
in Department approved employment or education or training
programs. The Department of Human Services, in
consultation with the Department of Children and Family
Services, shall adopt rules to protect the privacy of
families who are the subject of an open intact family
services case when such families enroll in child care

services. Additional rules shall be adopted to offer
children who have an open intact family services case the
opportunity to receive an Early Intervention screening and
other services that their families may be eligible for as
provided by the Department of Human Services.
The Department shall specify by rule the conditions of
eligibility, the application process, and the types, amounts,
and duration of services. Eligibility for child care benefits
and the amount of child care provided may vary based on family
size, income, and other factors as specified by rule.
The Department shall update the Child Care Assistance
Program Eligibility Calculator posted on its website to
include a question on whether a family is applying for child
care assistance for the first time or is applying for a
redetermination of eligibility.
A family's eligibility for child care services shall be
redetermined no sooner than 12 months following the initial
determination or most recent redetermination. During the
12-month periods, the family shall remain eligible for child
care services regardless of (i) a change in family income,
unless family income exceeds 85% of State median income, or
(ii) a temporary change in the ongoing status of the parents or
other relatives, as defined by rule, as working or attending a
job training or educational program.
In determining income eligibility for child care benefits,
the Department annually, at the beginning of each fiscal year,

shall establish, by rule, one income threshold for each family
size, in relation to percentage of State median income for a
family of that size, that makes families with incomes below
the specified threshold eligible for assistance and families
with incomes above the specified threshold ineligible for
assistance. Through and including fiscal year 2007, the
specified threshold must be no less than 50% of the
then-current State median income for each family size.
Beginning in fiscal year 2008, the specified threshold must be
no less than 185% of the then-current federal poverty level
for each family size. Notwithstanding any other provision of
law or administrative rule to the contrary, beginning in
fiscal year 2019, the specified threshold for working families
with very low incomes as defined by rule must be no less than
185% of the then-current federal poverty level for each family
size. Notwithstanding any other provision of law or
administrative rule to the contrary, beginning in State fiscal
year 2022, the specified income threshold shall be no less
than 200% of the then-current federal poverty level for each
family size.
In determining eligibility for assistance, the Department
shall not give preference to any category of recipients or
give preference to individuals based on their receipt of
benefits under this Code.
Nothing in this Section shall be construed as conferring
entitlement status to eligible families.

The Illinois Department is authorized to lower income
eligibility ceilings, raise parent co-payments, create waiting
lists, or take such other actions during a fiscal year as are
necessary to ensure that child care benefits paid under this
Article do not exceed the amounts appropriated for those child
care benefits. These changes may be accomplished by emergency
rule under Section 5-45 of the Illinois Administrative
Procedure Act, except that the limitation on the number of
emergency rules that may be adopted in a 24-month period shall
not apply.
The Illinois Department may contract with other State
agencies or child care organizations for the administration of
child care services.
(c) Payment shall be made for child care that otherwise
meets the requirements of this Section and applicable
standards of State and local law and regulation, including any
requirements the Illinois Department promulgates by rule in
addition to the licensure requirements promulgated by the
Department of Children and Family Services and Fire Prevention
and Safety requirements promulgated by the Office of the State
Fire Marshal, and is provided in any of the following:
(1) a child care center which is licensed or exempt
from licensure pursuant to Section 2.09 of the Child Care
Act of 1969;
(2) a licensed child care home or home exempt from
licensing;

(3) a licensed group child care home;
(4) other types of child care, including child care
provided by relatives or persons living in the same home
as the child, as determined by the Illinois Department by
rule.
(c-5) Solely for the purposes of coverage under the
Illinois Public Labor Relations Act, child and day care home
providers, including licensed and license exempt,
participating in the Department's child care assistance
program shall be considered to be public employees and the
State of Illinois shall be considered to be their employer as
of January 1, 2006 (the effective date of Public Act 94-320),
but not before. The State shall engage in collective
bargaining with an exclusive representative of child and day
care home providers participating in the child care assistance
program concerning their terms and conditions of employment
that are within the State's control. Nothing in this
subsection shall be understood to limit the right of families
receiving services defined in this Section to select child and
day care home providers or supervise them within the limits of
this Section. The State shall not be considered to be the
employer of child and day care home providers for any purposes
not specifically provided in Public Act 94-320, including, but
not limited to, purposes of vicarious liability in tort and
purposes of statutory retirement or health insurance benefits.
Child and day care home providers shall not be covered by the

State Employees Group Insurance Act of 1971.
In according child and day care home providers and their
selected representative rights under the Illinois Public Labor
Relations Act, the State intends that the State action
exemption to application of federal and State antitrust laws
be fully available to the extent that their activities are
authorized by Public Act 94-320.
(d) The Illinois Department shall establish, by rule, a
co-payment scale that provides for cost sharing by families
that receive child care services, including parents whose only
income is from assistance under this Code. The co-payment
shall be based on family income and family size and may be
based on other factors as appropriate. Co-payments may be
waived for families whose incomes are at or below the federal
poverty level.
(d-5) The Illinois Department, in consultation with its
Child Care and Development Advisory Council, shall develop a
plan to revise the child care assistance program's co-payment
scale. The plan shall be completed no later than February 1,
2008, and shall include:
(1) findings as to the percentage of income that the
average American family spends on child care and the
relative amounts that low-income families and the average
American family spend on other necessities of life;
(2) recommendations for revising the child care
co-payment scale to assure that families receiving child

care services from the Department are paying no more than
they can reasonably afford;
(3) recommendations for revising the child care
co-payment scale to provide at-risk children with complete
access to Preschool for All and Head Start; and
(4) recommendations for changes in child care program
policies that affect the affordability of child care.
(e) (Blank).
(f) The Illinois Department shall, by rule, set rates to
be paid for the various types of child care. Child care may be
provided through one of the following methods:
(1) arranging the child care through eligible
providers by use of purchase of service contracts or
vouchers;
(2) arranging with other agencies and community
volunteer groups for non-reimbursed child care;
(3) (blank); or
(4) adopting such other arrangements as the Department
determines appropriate.
(f-1) Within 30 days after June 4, 2018 (the effective
date of Public Act 100-587), the Department of Human Services
shall establish rates for child care providers that are no
less than the rates in effect on January 1, 2018 increased by
4.26%.
(f-5) (Blank).
(g) Families eligible for assistance under this Section

shall be given the following options:
(1) receiving a child care certificate issued by the
Department or a subcontractor of the Department that may
be used by the parents as payment for child care and
development services only; or
(2) if space is available, enrolling the child with a
child care provider that has a purchase of service
contract with the Department or a subcontractor of the
Department for the provision of child care and development
services. The Department may identify particular priority
populations for whom they may request special
consideration by a provider with purchase of service
contracts, provided that the providers shall be permitted
to maintain a balance of clients in terms of household
incomes and families and children with special needs, as
defined by rule.
(Source: P.A. 101-81, eff. 7-12-19; 101-657, eff. 3-23-21;
102-491, eff. 8-20-21; revised 11-8-21.)
(305 ILCS 5/10-1) (from Ch. 23, par. 10-1)
Sec. 10-1. Declaration of public policy; persons eligible
for child support enforcement services; fees for
non-applicants and non-recipients. Declaration of Public
Policy - Persons Eligible for Child Support Enforcement
Services - Fees for Non-Applicants and Non-Recipients.) It is
the intent of this Code that the financial aid and social

welfare services herein provided supplement rather than
supplant the primary and continuing obligation of the family
unit for self-support to the fullest extent permitted by the
resources available to it. This primary and continuing
obligation applies whether the family unit of parents and
children or of husband and wife remains intact and resides in a
common household or whether the unit has been broken by
absence of one or more members of the unit. The obligation of
the family unit is particularly applicable when a member is in
necessitous circumstances and lacks the means of a livelihood
compatible with health and well-being.
It is the purpose of this Article to provide for locating
an absent parent or spouse, for determining his financial
circumstances, and for enforcing his legal obligation of
support, if he is able to furnish support, in whole or in part.
The Department of Healthcare and Family Services shall give
priority to establishing, enforcing, and collecting the
current support obligation, and then to past due support owed
to the family unit, except with respect to collections
effected through the intercept programs provided for in this
Article. The establishment or enforcement actions provided in
this Article do not require a previous court order for
custody/allocation of parental responsibilities.
The child support enforcement services provided hereunder
shall be furnished dependents of an absent parent or spouse
who are applicants for or recipients of financial aid under

this Code. It is not, however, a condition of eligibility for
financial aid that there be no responsible relatives who are
reasonably able to provide support. Nor, except as provided in
Sections 4-1.7 and 10-8, shall the existence of such relatives
or their payment of support contributions disqualify a needy
person for financial aid.
By accepting financial aid under this Code, a spouse or a
parent or other person having physical or legal custody of a
child shall be deemed to have made assignment to the Illinois
Department for aid under Articles III, IV, V, and VII or to a
local governmental unit for aid under Article VI of any and all
rights, title, and interest in any support obligation,
including statutory interest thereon, up to the amount of
financial aid provided. The rights to support assigned to the
Department of Healthcare and Family Services (formerly
Illinois Department of Public Aid) or local governmental unit
shall constitute an obligation owed the State or local
governmental unit by the person who is responsible for
providing the support, and shall be collectible under all
applicable processes.
The Department of Healthcare and Family Services shall
also furnish the child support enforcement services
established under this Article in behalf of persons who are
not applicants for or recipients of financial aid under this
Code in accordance with the requirements of Title IV, Part D of
the Social Security Act. The Department may establish a

schedule of reasonable fees, to be paid for the services
provided and may deduct a collection fee, not to exceed 10% of
the amount collected, from such collection. The Department of
Healthcare and Family Services shall cause to be published and
distributed publications reasonably calculated to inform the
public that individuals who are not recipients of or
applicants for public aid under this Code are eligible for the
child support enforcement services under this Article X. Such
publications shall set forth an explanation, in plain
language, that the child support enforcement services program
is independent of any public aid program under the Code and
that the receiving of child support enforcement services in no
way implies that the person receiving such services is
receiving public aid.
(Source: P.A. 102-541, eff. 8-20-21; revised 11-24-21.)
(305 ILCS 5/12-4.35)
Sec. 12-4.35. Medical services for certain noncitizens.
(a) Notwithstanding Section 1-11 of this Code or Section
20(a) of the Children's Health Insurance Program Act, the
Department of Healthcare and Family Services may provide
medical services to noncitizens who have not yet attained 19
years of age and who are not eligible for medical assistance
under Article V of this Code or under the Children's Health
Insurance Program created by the Children's Health Insurance
Program Act due to their not meeting the otherwise applicable

provisions of Section 1-11 of this Code or Section 20(a) of the
Children's Health Insurance Program Act. The medical services
available, standards for eligibility, and other conditions of
participation under this Section shall be established by rule
by the Department; however, any such rule shall be at least as
restrictive as the rules for medical assistance under Article
V of this Code or the Children's Health Insurance Program
created by the Children's Health Insurance Program Act.
(a-5) Notwithstanding Section 1-11 of this Code, the
Department of Healthcare and Family Services may provide
medical assistance in accordance with Article V of this Code
to noncitizens over the age of 65 years of age who are not
eligible for medical assistance under Article V of this Code
due to their not meeting the otherwise applicable provisions
of Section 1-11 of this Code, whose income is at or below 100%
of the federal poverty level after deducting the costs of
medical or other remedial care, and who would otherwise meet
the eligibility requirements in Section 5-2 of this Code. The
medical services available, standards for eligibility, and
other conditions of participation under this Section shall be
established by rule by the Department; however, any such rule
shall be at least as restrictive as the rules for medical
assistance under Article V of this Code.
(a-6) By May 30, 2022, notwithstanding Section 1-11 of
this Code, the Department of Healthcare and Family Services
may provide medical services to noncitizens 55 years of age

through 64 years of age who (i) are not eligible for medical
assistance under Article V of this Code due to their not
meeting the otherwise applicable provisions of Section 1-11 of
this Code and (ii) have income at or below 133% of the federal
poverty level plus 5% for the applicable family size as
determined under applicable federal law and regulations.
Persons eligible for medical services under Public Act 102-16
this amendatory Act of the 102nd General Assembly shall
receive benefits identical to the benefits provided under the
Health Benefits Service Package as that term is defined in
subsection (m) of Section 5-1.1 of this Code.
(a-10) Notwithstanding the provisions of Section 1-11, the
Department shall cover immunosuppressive drugs and related
services associated with post-kidney transplant management,
excluding long-term care costs, for noncitizens who: (i) are
not eligible for comprehensive medical benefits; (ii) meet the
residency requirements of Section 5-3; and (iii) would meet
the financial eligibility requirements of Section 5-2.
(b) The Department is authorized to take any action that
would not otherwise be prohibited by applicable law,
including, without limitation, cessation or limitation of
enrollment, reduction of available medical services, and
changing standards for eligibility, that is deemed necessary
by the Department during a State fiscal year to assure that
payments under this Section do not exceed available funds.
(c) (Blank).

(d) (Blank).
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
102-43, Article 25, Section 25-15, eff. 7-6-21; 102-43,
Article 45, Section 45-5, eff. 7-6-21; revised 7-15-21.)
(305 ILCS 5/12-4.54)
Sec. 12-4.54. SNAP, WIC; diapers, menstrual hygiene
products. If the United States Department of Agriculture's
Food and Nutrition Service creates and makes available to the
states a waiver permitting recipients of benefits provided
under the Supplemental Nutrition Assistance Program or the
Special Supplemental Nutrition Program for Women, Infants, and
Children to use their benefits to purchase diapers or
menstrual hygiene products such as tampons, sanitary napkins,
and feminine wipes, then the Department of Human Services
shall apply for the waiver. If the United States Department of
Agriculture approves the Department of Human Services' waiver
application, then the Department of Human Services shall adopt
rules and make other changes as necessary to implement the
approved waiver.
(Source: P.A. 102-248, eff. 1-1-22.)
(305 ILCS 5/12-4.55)
Sec. 12-4.55 12-4.54. Community-based long-term services;
application for federal funding. The Department of Healthcare
and Family Services shall apply for all available federal

funding to promote community inclusion and integration for
persons with disabilities, regardless of age, and older adults
so that those persons have the option to transition out of
institutions and receive long-term care services and supports
in the settings of their choice.
(Source: P.A. 102-536, eff. 8-20-21; revised 11-10-21.)
Section 510. The Housing Authorities Act is amended by
changing Sections 17 and 25 as follows:
(310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
Sec. 17. Definitions. The following terms, wherever used
or referred to in this Act shall have the following respective
meanings, unless in any case a different meaning clearly
appears from the context:
(a) "Authority" or "housing authority" shall mean a
municipal corporation organized in accordance with the
provisions of this Act for the purposes, with the powers and
subject to the restrictions herein set forth.
(b) "Area" or "area of operation" shall mean: (1) in the
case of an authority which is created hereunder for a city,
village, or incorporated town, the area within the territorial
boundaries of said city, village, or incorporated town, and so
long as no county housing authority has jurisdiction therein,
the area within three miles from such territorial boundaries,
except any part of such area located within the territorial

boundaries of any other city, village, or incorporated town;
and (2) in the case of a county shall include all of the county
except the area of any city, village or incorporated town
located therein in which there is an Authority. When an
authority is created for a county subsequent to the creation
of an authority for a city, village or incorporated town
within the same county, the area of operation of the authority
for such city, village or incorporated town shall thereafter
be limited to the territory of such city, village or
incorporated town, but the authority for such city, village or
incorporated town may continue to operate any project
developed in whole or in part in an area previously a part of
its area of operation, or may contract with the county housing
authority with respect to the sale, lease, development or
administration of such project. When an authority is created
for a city, village or incorporated town subsequent to the
creation of a county housing authority which previously
included such city, village or incorporated town within its
area of operation, such county housing authority shall have no
power to create any additional project within the city,
village or incorporated town, but any existing project in the
city, village or incorporated town currently owned and
operated by the county housing authority shall remain in the
ownership, operation, custody and control of the county
housing authority.
(b-5) "Criminal history record" means a record of arrest,

complaint, indictment, or any disposition arising therefrom.
(b-6) "Criminal history report" means any written, oral,
or other communication of information that includes criminal
history record information about a natural person that is
produced by a law enforcement agency, a court, a consumer
reporting agency, or a housing screening agency or business.
(c) "Presiding officer" shall mean the presiding officer
of the board of a county, or the mayor or president of a city,
village or incorporated town, as the case may be, for which an
Authority is created hereunder.
(d) "Commissioner" shall mean one of the members of an
Authority appointed in accordance with the provisions of this
Act.
(e) "Government" shall include the State and Federal
governments and the governments of any subdivisions, agency or
instrumentality, corporate or otherwise, of either of them.
(f) "Department" shall mean the Department of Commerce and
Economic Opportunity.
(g) "Project" shall include all lands, buildings, and
improvements, acquired, owned, leased, managed or operated by
a housing authority, and all buildings and improvements
constructed, reconstructed or repaired by a housing authority,
designed to provide housing accommodations and facilities
appurtenant thereto (including community facilities and
stores) which are planned as a unit, whether or not acquired or
constructed at one time even though all or a portion of the

buildings are not contiguous or adjacent to one another; and
the planning of buildings and improvements, the acquisition of
property, the demolition of existing structures, the clearing
of land, the construction, reconstruction, and repair of
buildings or improvements and all other work in connection
therewith. As provided in Sections 8.14 to 8.18, inclusive,
"project" also means, for Housing Authorities for
municipalities of less than 500,000 population and for
counties, the conservation of urban areas in accordance with
an approved conservation plan. "Project" shall also include:
(1) acquisition of:
(i) a slum or blighted area or a deteriorated or
deteriorating area which is predominantly residential
in character, or
(ii) any other deteriorated or deteriorating area
which is to be developed or redeveloped for
predominantly residential uses, or
(iii) platted urban or suburban land which is
predominantly open and which because of obsolete
platting, diversity of ownership, deterioration of
structures or of site improvements, or otherwise
substantially impairs or arrests the sound growth of
the community and which is to be developed for
predominantly residential uses, or
(iv) open unplatted urban or suburban land
necessary for sound community growth which is to be

developed for predominantly residential uses, or
(v) any other area where parcels of land remain
undeveloped because of improper platting, delinquent
taxes or special assessments, scattered or uncertain
ownerships, clouds on title, artificial values due to
excessive utility costs, or any other impediments to
the use of such area for predominantly residential
uses;
(2) installation, construction, or reconstruction of
streets, utilities, and other site improvements essential
to the preparation of sites for uses in accordance with
the development or redevelopment plan; and
(3) making the land available for development or
redevelopment by private enterprise or public agencies
(including sale, initial leasing, or retention by the
local public agency itself).
If, in any city, village, or incorporated town, there
exists a land clearance commission created under the Blighted
Areas Redevelopment Act of 1947 (repealed) prior to August 20,
2021 (the effective date of Public Act 102-510) this
amendatory Act of the 102nd General Assembly having the same
area of operation as a housing authority created in and for any
such municipality, such housing authority shall have no power
to acquire land of the character described in subparagraph
(iii), (iv), or (v) of paragraph (1) 1 of the definition of
"project" for the purpose of development or redevelopment by

private enterprise.
(h) "Community facilities" shall include lands, buildings,
and equipment for recreation or social assembly, for
education, health or welfare activities and other necessary
utilities primarily for use and benefit of the occupants of
housing accommodations to be constructed, reconstructed,
repaired or operated hereunder.
(i) "Real property" shall include lands, lands under
water, structures, and any and all easements, franchises and
incorporeal hereditaments and estates, and rights, legal and
equitable, including terms for years and liens by way of
judgment, mortgage or otherwise.
(j) The term "governing body" shall include the city
council of any city, the president and board of trustees of any
village or incorporated town, the council of any city or
village, and the county board of any county.
(k) The phrase "individual, association, corporation or
organization" shall include any individual, private
corporation, limited or general partnership, limited liability
company, insurance company, housing corporation, neighborhood
redevelopment corporation, non-profit corporation,
incorporated or unincorporated group or association,
educational institution, hospital, or charitable organization,
and any mutual ownership or cooperative organization.
(l) "Conservation area", for the purpose of the exercise
of the powers granted in Sections 8.14 to 8.18, inclusive, for

housing authorities for municipalities of less than 500,000
population and for counties, means an area of not less than 2
acres in which the structures in 50% or more of the area are
residential having an average age of 35 years or more. Such an
area by reason of dilapidation, obsolescence, deterioration or
illegal use of individual structures, overcrowding of
structures and community facilities, conversion of residential
units into non-residential use, deleterious land use or
layout, decline of physical maintenance, lack of community
planning, or any combination of these factors may become a
slum and blighted area.
(m) "Conservation plan" means the comprehensive program
for the physical development and replanning of a "Conservation
Area" as defined in paragraph (l) embodying the steps required
to prevent such Conservation Area from becoming a slum and
blighted area.
(n) "Fair use value" means the fair cash market value of
real property when employed for the use contemplated by a
"Conservation Plan" in municipalities of less than 500,000
population and in counties.
(o) "Community facilities" means, in relation to a
"Conservation Plan", those physical plants which implement,
support and facilitate the activities, services and interests
of education, recreation, shopping, health, welfare, religion
and general culture.
(p) "Loan agreement" means any agreement pursuant to which

an Authority agrees to loan the proceeds of its revenue bonds
issued with respect to a multifamily rental housing project or
other funds of the Authority to any person upon terms
providing for loan repayment installments at least sufficient
to pay when due all principal of, premium, if any, and interest
on the revenue bonds of the Authority issued with respect to
the multifamily rental housing project, and providing for
maintenance, insurance, and other matters as may be deemed
desirable by the Authority.
(q) "Multifamily rental housing" means any rental project
designed for mixed-income or low-income occupancy.
(Source: P.A. 101-659, eff. 3-23-21; 102-510, eff. 8-20-21;
revised 11-9-21.)
(310 ILCS 10/25) (from Ch. 67 1/2, par. 25)
Sec. 25. Rentals and tenant selection. In the operation or
management of housing projects an Authority shall at all times
observe the following duties with respect to rentals and
tenant selection:
(a) It shall not accept any person as a tenant in any
dwelling in a housing project if the persons who would occupy
the dwelling have an aggregate annual income which equals or
exceeds the amount which the Authority determines (which
determination shall be conclusive) to be necessary in order to
enable such persons to secure safe, sanitary and uncongested
dwelling accommodations within the area of operation of the

Authority and to provide an adequate standard of living for
themselves.
(b) It may rent or lease the dwelling accommodations
therein only at rentals within the financial reach of persons
who lack the amount of income which it determines (pursuant to
(a) of this Section) to be necessary in order to obtain safe,
sanitary and uncongested dwelling accommodations within the
area of operation of the Authority and to provide an adequate
standard of living.
(c) It may rent or lease to a tenant a dwelling consisting
of the number of rooms (but no greater number) which it deems
necessary to provide safe and sanitary accommodations to the
proposed occupants thereof, without overcrowding.
(d) It shall not change the residency preference of any
prospective tenant once the application has been accepted by
the authority.
(e) If an Authority desires a criminal history records
check of all 50 states or a 50-state confirmation of a
conviction record, the Authority shall submit the fingerprints
of the relevant applicant, tenant, or other household member
to the Illinois State Police in a manner prescribed by the
Illinois State Police. These fingerprints shall be checked
against the fingerprint records now and hereafter filed in the
Illinois State Police and Federal Bureau of Investigation
criminal history records databases. The Illinois State Police
shall charge a fee for conducting the criminal history records

check, which shall be deposited in the State Police Services
Fund and shall not exceed the actual cost of the records check.
The Illinois State Police shall furnish pursuant to positive
identification, records of conviction to the Authority. An
Authority that requests a criminal history report of an
applicant or other household member shall inform the applicant
at the time of the request that the applicant or other
household member may provide additional mitigating information
for consideration with the application for housing.
(e-5) Criminal history record assessment. The Authority
shall use the following process when evaluating the criminal
history report of an applicant or other household member to
determine whether to rent or lease to the applicant:
(1) Unless required by federal law, the Authority
shall not consider the following information when
determining whether to rent or lease to an applicant for
housing:
(A) an arrest or detention;
(B) criminal charges or indictments, and the
nature of any disposition arising therefrom, that do
not result in a conviction;
(C) a conviction that has been vacated, ordered,
expunged, sealed, or impounded by a court;
(D) matters under the jurisdiction of the Illinois
Juvenile Court;
(E) the amount of time since the applicant or

other household member completed his or her sentence
in prison or jail or was released from prison or jail;
or
(F) convictions occurring more than 180 days prior
to the date the applicant submitted his or her
application for housing.
(2) The Authority shall create a system for the
independent review of criminal history reports:
(A) the reviewer shall examine the applicant's or
other household member's criminal history report and
report only those records not prohibited under
paragraph (1) to the person or persons making the
decision about whether to offer housing to the
applicant; and
(B) the reviewer shall not participate in any
final decisions on an applicant's application for
housing.
(3) The Authority may deny an applicant's application
for housing because of the applicant's or another
household member's criminal history record, only if the
Authority:
(A) determines that the denial is required under
federal law; or
(B) determines that there is a direct relationship
between the applicant or the other household member's
criminal history record and a risk to the health,

safety, and peaceful enjoyment of fellow tenants. The
mere existence of a criminal history record does not
demonstrate such a risk.
(f) It may, if a tenant has created or maintained a threat
constituting a serious and clear danger to the health or
safety of other tenants or Authority employees, after 3 days'
written notice of termination and without a hearing, file suit
against any such tenant for recovery of possession of the
premises. The tenant shall be given the opportunity to contest
the termination in the court proceedings. A serious and clear
danger to the health or safety of other tenants or Authority
employees shall include, but not be limited to, any of the
following activities of the tenant or of any other person on
the premises with the consent of the tenant:
(1) Physical assault or the threat of physical
assault.
(2) Illegal use of a firearm or other weapon or the
threat to use in an illegal manner a firearm or other
weapon.
(3) Possession of a controlled substance by the tenant
or any other person on the premises with the consent of the
tenant if the tenant knew or should have known of the
possession by the other person of a controlled substance,
unless the controlled substance was obtained directly from
or pursuant to a valid prescription.
(4) Streetgang membership as defined in the Illinois

Streetgang Terrorism Omnibus Prevention Act.
The management of low-rent public housing projects
financed and developed under the U.S. Housing Act of 1937
shall be in accordance with that Act.
Nothing contained in this Section or any other Section of
this Act shall be construed as limiting the power of an
Authority to vest in a bondholder or trustee the right, in the
event of a default by the Authority, to take possession and
operate a housing project or cause the appointment of a
receiver thereof, free from all restrictions imposed by this
Section or any other Section of this Act.
(Source: P.A. 101-659, eff. 3-23-21; 102-538, eff. 8-20-21;
revised 11-9-21.)
Section 515. The Adult Protective Services Act is amended
by changing Section 3.5 as follows:
(320 ILCS 20/3.5)
Sec. 3.5. Other responsibilities. The Department shall
also be responsible for the following activities, contingent
upon adequate funding; implementation shall be expanded to
adults with disabilities upon the effective date of this
amendatory Act of the 98th General Assembly, except those
responsibilities under subsection (a), which shall be
undertaken as soon as practicable:
(a) promotion of a wide range of endeavors for the

purpose of preventing abuse, abandonment, neglect,
financial exploitation, and self-neglect, including, but
not limited to, promotion of public and professional
education to increase awareness of abuse, abandonment,
neglect, financial exploitation, and self-neglect; to
increase reports; to establish access to and use of the
Registry established under Section 7.5; and to improve
response by various legal, financial, social, and health
systems;
(b) coordination of efforts with other agencies,
councils, and like entities, to include but not be limited
to, the Administrative Office of the Illinois Courts, the
Office of the Attorney General, the Illinois State Police,
the Illinois Law Enforcement Training Standards Board, the
State Triad, the Illinois Criminal Justice Information
Authority, the Departments of Public Health, Healthcare
and Family Services, and Human Services, the Illinois
Guardianship and Advocacy Commission, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, and other entities which may impact awareness
of, and response to, abuse, abandonment, neglect,
financial exploitation, and self-neglect;
(c) collection and analysis of data;
(d) monitoring of the performance of regional
administrative agencies and adult protective services
agencies;

(e) promotion of prevention activities;
(f) establishing and coordinating an aggressive
training program on the unique nature of adult abuse cases
with other agencies, councils, and like entities, to
include but not be limited to the Office of the Attorney
General, the Illinois State Police, the Illinois Law
Enforcement Training Standards Board, the State Triad, the
Illinois Criminal Justice Information Authority, the State
Departments of Public Health, Healthcare and Family
Services, and Human Services, the Family Violence
Coordinating Council, the Illinois Violence Prevention
Authority, the agency designated by the Governor under
Section 1 of the Protection and Advocacy for Persons with
Developmental Disabilities Act, and other entities that
may impact awareness of and response to abuse,
abandonment, neglect, financial exploitation, and
self-neglect;
(g) solicitation of financial institutions for the
purpose of making information available to the general
public warning of financial exploitation of adults and
related financial fraud or abuse, including such
information and warnings available through signage or
other written materials provided by the Department on the
premises of such financial institutions, provided that the
manner of displaying or distributing such information is
subject to the sole discretion of each financial

institution;
(g-1) developing by joint rulemaking with the
Department of Financial and Professional Regulation
minimum training standards which shall be used by
financial institutions for their current and new employees
with direct customer contact; the Department of Financial
and Professional Regulation shall retain sole visitation
and enforcement authority under this subsection (g-1); the
Department of Financial and Professional Regulation shall
provide bi-annual reports to the Department setting forth
aggregate statistics on the training programs required
under this subsection (g-1); and
(h) coordinating efforts with utility and electric
companies to send notices in utility bills to explain to
persons 60 years of age or older their rights regarding
telemarketing and home repair fraud.
(Source: P.A. 102-244, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 11-9-21.)
Section 520. The Abused and Neglected Child Reporting Act
is amended by changing Sections 3 and 7.8 as follows:
(325 ILCS 5/3) (from Ch. 23, par. 2053)
Sec. 3. As used in this Act unless the context otherwise
requires:
"Adult resident" means any person between 18 and 22 years

of age who resides in any facility licensed by the Department
under the Child Care Act of 1969. For purposes of this Act, the
criteria set forth in the definitions of "abused child" and
"neglected child" shall be used in determining whether an
adult resident is abused or neglected.
"Agency" means a child care facility licensed under
Section 2.05 or Section 2.06 of the Child Care Act of 1969 and
includes a transitional living program that accepts children
and adult residents for placement who are in the guardianship
of the Department.
"Blatant disregard" means an incident where the real,
significant, and imminent risk of harm would be so obvious to a
reasonable parent or caretaker that it is unlikely that a
reasonable parent or caretaker would have exposed the child to
the danger without exercising precautionary measures to
protect the child from harm. With respect to a person working
at an agency in his or her professional capacity with a child
or adult resident, "blatant disregard" includes a failure by
the person to perform job responsibilities intended to protect
the child's or adult resident's health, physical well-being,
or welfare, and, when viewed in light of the surrounding
circumstances, evidence exists that would cause a reasonable
person to believe that the child was neglected. With respect
to an agency, "blatant disregard" includes a failure to
implement practices that ensure the health, physical
well-being, or welfare of the children and adult residents

residing in the facility.
"Child" means any person under the age of 18 years, unless
legally emancipated by reason of marriage or entry into a
branch of the United States armed services.
"Department" means Department of Children and Family
Services.
"Local law enforcement agency" means the police of a city,
town, village or other incorporated area or the sheriff of an
unincorporated area or any sworn officer of the Illinois
Department of State Police.
"Abused child" means a child whose parent or immediate
family member, or any person responsible for the child's
welfare, or any individual residing in the same home as the
child, or a paramour of the child's parent:
(a) inflicts, causes to be inflicted, or allows to be
inflicted upon such child physical injury, by other than
accidental means, which causes death, disfigurement,
impairment of physical or emotional health, or loss or
impairment of any bodily function;
(b) creates a substantial risk of physical injury to
such child by other than accidental means which would be
likely to cause death, disfigurement, impairment of
physical or emotional health, or loss or impairment of any
bodily function;
(c) commits or allows to be committed any sex offense
against such child, as such sex offenses are defined in

the Criminal Code of 2012 or in the Wrongs to Children Act,
and extending those definitions of sex offenses to include
children under 18 years of age;
(d) commits or allows to be committed an act or acts of
torture upon such child;
(e) inflicts excessive corporal punishment or, in the
case of a person working for an agency who is prohibited
from using corporal punishment, inflicts corporal
punishment upon a child or adult resident with whom the
person is working in his or her professional capacity;
(f) commits or allows to be committed the offense of
female genital mutilation, as defined in Section 12-34 of
the Criminal Code of 2012, against the child;
(g) causes to be sold, transferred, distributed, or
given to such child under 18 years of age, a controlled
substance as defined in Section 102 of the Illinois
Controlled Substances Act in violation of Article IV of
the Illinois Controlled Substances Act or in violation of
the Methamphetamine Control and Community Protection Act,
except for controlled substances that are prescribed in
accordance with Article III of the Illinois Controlled
Substances Act and are dispensed to such child in a manner
that substantially complies with the prescription;
(h) commits or allows to be committed the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons as defined in Section

10-9 of the Criminal Code of 2012 against the child; or
(i) commits the offense of grooming, as defined in
Section 11-25 of the Criminal Code of 2012, against the
child.
A child shall not be considered abused for the sole reason
that the child has been relinquished in accordance with the
Abandoned Newborn Infant Protection Act.
"Neglected child" means any child who is not receiving the
proper or necessary nourishment or medically indicated
treatment including food or care not provided solely on the
basis of the present or anticipated mental or physical
impairment as determined by a physician acting alone or in
consultation with other physicians or otherwise is not
receiving the proper or necessary support or medical or other
remedial care recognized under State law as necessary for a
child's well-being, or other care necessary for his or her
well-being, including adequate food, clothing and shelter; or
who is subjected to an environment which is injurious insofar
as (i) the child's environment creates a likelihood of harm to
the child's health, physical well-being, or welfare and (ii)
the likely harm to the child is the result of a blatant
disregard of parent, caretaker, person responsible for the
child's welfare, or agency responsibilities; or who is
abandoned by his or her parents or other person responsible
for the child's welfare without a proper plan of care; or who
has been provided with interim crisis intervention services

under Section 3-5 of the Juvenile Court Act of 1987 and whose
parent, guardian, or custodian refuses to permit the child to
return home and no other living arrangement agreeable to the
parent, guardian, or custodian can be made, and the parent,
guardian, or custodian has not made any other appropriate
living arrangement for the child; or who is a newborn infant
whose blood, urine, or meconium contains any amount of a
controlled substance as defined in subsection (f) of Section
102 of the Illinois Controlled Substances Act or a metabolite
thereof, with the exception of a controlled substance or
metabolite thereof whose presence in the newborn infant is the
result of medical treatment administered to the mother or the
newborn infant. A child shall not be considered neglected for
the sole reason that the child's parent or other person
responsible for his or her welfare has left the child in the
care of an adult relative for any period of time. A child shall
not be considered neglected for the sole reason that the child
has been relinquished in accordance with the Abandoned Newborn
Infant Protection Act. A child shall not be considered
neglected or abused for the sole reason that such child's
parent or other person responsible for his or her welfare
depends upon spiritual means through prayer alone for the
treatment or cure of disease or remedial care as provided
under Section 4 of this Act. A child shall not be considered
neglected or abused solely because the child is not attending
school in accordance with the requirements of Article 26 of

The School Code, as amended.
"Child Protective Service Unit" means certain specialized
State employees of the Department assigned by the Director to
perform the duties and responsibilities as provided under
Section 7.2 of this Act.
"Near fatality" means an act that, as certified by a
physician, places the child in serious or critical condition,
including acts of great bodily harm inflicted upon children
under 13 years of age, and as otherwise defined by Department
rule.
"Great bodily harm" includes bodily injury which creates a
high probability of death, or which causes serious permanent
disfigurement, or which causes a permanent or protracted loss
or impairment of the function of any bodily member or organ, or
other serious bodily harm.
"Person responsible for the child's welfare" means the
child's parent; guardian; foster parent; relative caregiver;
any person responsible for the child's welfare in a public or
private residential agency or institution; any person
responsible for the child's welfare within a public or private
profit or not for profit child care facility; or any other
person responsible for the child's welfare at the time of the
alleged abuse or neglect, including any person who commits or
allows to be committed, against the child, the offense of
involuntary servitude, involuntary sexual servitude of a
minor, or trafficking in persons for forced labor or services,

as provided in Section 10-9 of the Criminal Code of 2012,
including, but not limited to, the custodian of the minor, or
any person who came to know the child through an official
capacity or position of trust, including, but not limited to,
health care professionals, educational personnel, recreational
supervisors, members of the clergy, and volunteers or support
personnel in any setting where children may be subject to
abuse or neglect.
"Temporary protective custody" means custody within a
hospital or other medical facility or a place previously
designated for such custody by the Department, subject to
review by the Court, including a licensed foster home, group
home, or other institution; but such place shall not be a jail
or other place for the detention of criminal or juvenile
offenders.
"An unfounded report" means any report made under this Act
for which it is determined after an investigation that no
credible evidence of abuse or neglect exists.
"An indicated report" means a report made under this Act
if an investigation determines that credible evidence of the
alleged abuse or neglect exists.
"An undetermined report" means any report made under this
Act in which it was not possible to initiate or complete an
investigation on the basis of information provided to the
Department.
"Subject of report" means any child reported to the

central register of child abuse and neglect established under
Section 7.7 of this Act as an alleged victim of child abuse or
neglect and the parent or guardian of the alleged victim or
other person responsible for the alleged victim's welfare who
is named in the report or added to the report as an alleged
perpetrator of child abuse or neglect.
"Perpetrator" means a person who, as a result of
investigation, has been determined by the Department to have
caused child abuse or neglect.
"Member of the clergy" means a clergyman or practitioner
of any religious denomination accredited by the religious body
to which he or she belongs.
(Source: P.A. 102-567, eff. 1-1-22; 102-676, eff. 12-3-21;
revised 1-15-22.)
(325 ILCS 5/7.8)
Sec. 7.8. Upon receiving an oral or written report of
suspected child abuse or neglect, the Department shall
immediately notify, either orally or electronically, the Child
Protective Service Unit of a previous report concerning a
subject of the present report or other pertinent information.
In addition, upon satisfactory identification procedures, to
be established by Department regulation, any person authorized
to have access to records under Section 11.1 relating to child
abuse and neglect may request and shall be immediately
provided the information requested in accordance with this

Act. However, no information shall be released unless it
prominently states the report is "indicated", and only
information from "indicated" reports shall be released, except
that:
(1) Information concerning pending reports may be
released pursuant to Sections 7.14 and 7.22 of this Act to
the attorney or guardian ad litem appointed under Section
2-17 of the Juvenile Court Act of 1987 and to any person
authorized under paragraphs (1), (2), (3), and (11) of
subsection (a) of Section 11.1.
(2) State's Attorneys are authorized to receive
unfounded reports:
(A) for prosecution purposes related to the
transmission of false reports of child abuse or
neglect in violation of subsection (a), paragraph (7)
of Section 26-1 of the Criminal Code of 2012; or
(B) for the purposes of screening and prosecuting
a petition filed under Article II of the Juvenile
Court Act of 1987 alleging abuse or neglect relating
to the same child, a sibling of the child, the same
perpetrator, or a child or perpetrator in the same
household as the child for whom the petition is being
filed.
(3) The parties to the proceedings filed under Article
II of the Juvenile Court Act of 1987 are entitled to
receive copies of unfounded reports regarding the same

child, a sibling of the child, the same perpetrator, or a
child or perpetrator in the same household as the child
for purposes of hearings under Sections 2-10 and 2-21 of
the Juvenile Court Act of 1987.
(4) Attorneys and guardians ad litem appointed under
Article II of the Juvenile Court Act of 1987 shall receive
the reports set forth in Section 7.14 of this Act in
conformance with paragraph (19) of subsection (a) of
Section 11.1 and Section 7.14 of this Act.
(5) The Department of Public Health shall receive
information from unfounded reports involving children
alleged to have been abused or neglected while
hospitalized, including while hospitalized in freestanding
psychiatric hospitals licensed by the Department of Public
Health, as necessary for the Department of Public Health
to conduct its licensing investigation.
(6) The Department is authorized and required to
release information from unfounded reports, upon request
by a person who has access to the unfounded report as
provided in this Act, as necessary in its determination to
protect children and adult residents who are in child care
facilities licensed by the Department under the Child Care
Act of 1969. The names and other identifying data and the
dates and the circumstances of any persons requesting or
receiving information from the central register shall be
entered in the register record.

(Source: P.A. 101-43, eff. 1-1-20; 102-532, eff. 8-20-21;
revised 11-24-21.)
Section 525. The Early Intervention Services System Act is
amended by changing Section 11 as follows:
(325 ILCS 20/11) (from Ch. 23, par. 4161)
Sec. 11. Individualized Family Service Plans.
(a) Each eligible infant or toddler and that infant's or
toddler's family shall receive:
(1) timely, comprehensive, multidisciplinary
assessment of the unique strengths and needs of each
eligible infant and toddler, and assessment of the
concerns and priorities of the families to appropriately
assist them in meeting their needs and identify supports
and services to meet those needs; and
(2) a written Individualized Family Service Plan
developed by a multidisciplinary team which includes the
parent or guardian. The individualized family service plan
shall be based on the multidisciplinary team's assessment
of the resources, priorities, and concerns of the family
and its identification of the supports and services
necessary to enhance the family's capacity to meet the
developmental needs of the infant or toddler, and shall
include the identification of services appropriate to meet
those needs, including the frequency, intensity, and

method of delivering services. During and as part of the
initial development of the individualized family services
plan, and any periodic reviews of the plan, the
multidisciplinary team may seek consultation from the lead
agency's designated experts, if any, to help determine
appropriate services and the frequency and intensity of
those services. All services in the individualized family
services plan must be justified by the multidisciplinary
assessment of the unique strengths and needs of the infant
or toddler and must be appropriate to meet those needs. At
the periodic reviews, the team shall determine whether
modification or revision of the outcomes or services is
necessary.
(b) The Individualized Family Service Plan shall be
evaluated once a year and the family shall be provided a review
of the Plan at 6-month 6 month intervals or more often where
appropriate based on infant or toddler and family needs. The
lead agency shall create a quality review process regarding
Individualized Family Service Plan development and changes
thereto, to monitor and help ensure assure that resources are
being used to provide appropriate early intervention services.
(c) The initial evaluation and initial assessment and
initial Plan meeting must be held within 45 days after the
initial contact with the early intervention services system.
The 45-day timeline does not apply for any period when the
child or parent is unavailable to complete the initial

evaluation, the initial assessments of the child and family,
or the initial Plan meeting, due to exceptional family
circumstances that are documented in the child's early
intervention records, or when the parent has not provided
consent for the initial evaluation or the initial assessment
of the child despite documented, repeated attempts to obtain
parental consent. As soon as exceptional family circumstances
no longer exist or parental consent has been obtained, the
initial evaluation, the initial assessment, and the initial
Plan meeting must be completed as soon as possible. With
parental consent, early intervention services may commence
before the completion of the comprehensive assessment and
development of the Plan.
(d) Parents must be informed that early intervention
services shall be provided to each eligible infant and
toddler, to the maximum extent appropriate, in the natural
environment, which may include the home or other community
settings. Parents must also be informed of the availability of
early intervention services provided through telehealth
services. Parents shall make the final decision to accept or
decline early intervention services, including whether
accepted services are delivered in person or via telehealth
services. A decision to decline such services shall not be a
basis for administrative determination of parental fitness, or
other findings or sanctions against the parents. Parameters of
the Plan shall be set forth in rules.

(e) The regional intake offices shall explain to each
family, orally and in writing, all of the following:
(1) That the early intervention program will pay for
all early intervention services set forth in the
individualized family service plan that are not covered or
paid under the family's public or private insurance plan
or policy and not eligible for payment through any other
third party payor.
(2) That services will not be delayed due to any rules
or restrictions under the family's insurance plan or
policy.
(3) That the family may request, with appropriate
documentation supporting the request, a determination of
an exemption from private insurance use under Section
13.25.
(4) That responsibility for co-payments or
co-insurance under a family's private insurance plan or
policy will be transferred to the lead agency's central
billing office.
(5) That families will be responsible for payments of
family fees, which will be based on a sliding scale
according to the State's definition of ability to pay
which is comparing household size and income to the
sliding scale and considering out-of-pocket medical or
disaster expenses, and that these fees are payable to the
central billing office. Families who fail to provide

income information shall be charged the maximum amount on
the sliding scale.
(f) The individualized family service plan must state
whether the family has private insurance coverage and, if the
family has such coverage, must have attached to it a copy of
the family's insurance identification card or otherwise
include all of the following information:
(1) The name, address, and telephone number of the
insurance carrier.
(2) The contract number and policy number of the
insurance plan.
(3) The name, address, and social security number of
the primary insured.
(4) The beginning date of the insurance benefit year.
(g) A copy of the individualized family service plan must
be provided to each enrolled provider who is providing early
intervention services to the child who is the subject of that
plan.
(h) Children receiving services under this Act shall
receive a smooth and effective transition by their third
birthday consistent with federal regulations adopted pursuant
to Sections 1431 through 1444 of Title 20 of the United States
Code. Beginning January 1, 2022, children who receive early
intervention services prior to their third birthday and are
found eligible for an individualized education program under
the Individuals with Disabilities Education Act, 20 U.S.C.

1414(d)(1)(A), and under Section 14-8.02 of the School Code
and whose birthday falls between May 1 and August 31 may
continue to receive early intervention services until the
beginning of the school year following their third birthday in
order to minimize gaps in services, ensure better continuity
of care, and align practices for the enrollment of preschool
children with special needs to the enrollment practices of
typically developing preschool children.
(Source: P.A. 101-654, eff. 3-8-21; 102-104, eff. 7-22-21;
102-209, eff. 11-30-21 (See Section 5 of P.A. 102-671 for
effective date of P.A. 102-209); revised 12-1-21.)
Section 530. The Sexual Assault Survivors Emergency
Treatment Act is amended by changing Sections 1a, 5, and 6.4 as
follows:
(410 ILCS 70/1a) (from Ch. 111 1/2, par. 87-1a)
Sec. 1a. Definitions.
(a) In this Act:
"Advanced practice registered nurse" has the meaning
provided in Section 50-10 of the Nurse Practice Act.
"Ambulance provider" means an individual or entity that
owns and operates a business or service using ambulances or
emergency medical services vehicles to transport emergency
patients.
"Approved pediatric health care facility" means a health

care facility, other than a hospital, with a sexual assault
treatment plan approved by the Department to provide medical
forensic services to pediatric sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Areawide sexual assault treatment plan" means a plan,
developed by hospitals or by hospitals and approved pediatric
health care facilities in a community or area to be served,
which provides for medical forensic services to sexual assault
survivors that shall be made available by each of the
participating hospitals and approved pediatric health care
facilities.
"Board-certified child abuse pediatrician" means a
physician certified by the American Board of Pediatrics in
child abuse pediatrics.
"Board-eligible child abuse pediatrician" means a
physician who has completed the requirements set forth by the
American Board of Pediatrics to take the examination for
certification in child abuse pediatrics.
"Department" means the Department of Public Health.
"Emergency contraception" means medication as approved by
the federal Food and Drug Administration (FDA) that can
significantly reduce the risk of pregnancy if taken within 72
hours after sexual assault.

"Follow-up healthcare" means healthcare services related
to a sexual assault, including laboratory services and
pharmacy services, rendered within 90 days of the initial
visit for medical forensic services.
"Health care professional" means a physician, a physician
assistant, a sexual assault forensic examiner, an advanced
practice registered nurse, a registered professional nurse, a
licensed practical nurse, or a sexual assault nurse examiner.
"Hospital" means a hospital licensed under the Hospital
Licensing Act or operated under the University of Illinois
Hospital Act, any outpatient center included in the hospital's
sexual assault treatment plan where hospital employees provide
medical forensic services, and an out-of-state hospital that
has consented to the jurisdiction of the Department under
Section 2.06.
"Illinois State Police Sexual Assault Evidence Collection
Kit" means a prepackaged set of materials and forms to be used
for the collection of evidence relating to sexual assault. The
standardized evidence collection kit for the State of Illinois
shall be the Illinois State Police Sexual Assault Evidence
Collection Kit.
"Law enforcement agency having jurisdiction" means the law
enforcement agency in the jurisdiction where an alleged sexual
assault or sexual abuse occurred.
"Licensed practical nurse" has the meaning provided in
Section 50-10 of the Nurse Practice Act.

"Medical forensic services" means health care delivered to
patients within or under the care and supervision of personnel
working in a designated emergency department of a hospital or
an approved pediatric health care facility. "Medical forensic
services" includes, but is not limited to, taking a medical
history, performing photo documentation, performing a physical
and anogenital examination, assessing the patient for evidence
collection, collecting evidence in accordance with a statewide
sexual assault evidence collection program administered by the
Illinois State Police using the Illinois State Police Sexual
Assault Evidence Collection Kit, if appropriate, assessing the
patient for drug-facilitated or alcohol-facilitated sexual
assault, providing an evaluation of and care for sexually
transmitted infection and human immunodeficiency virus (HIV),
pregnancy risk evaluation and care, and discharge and
follow-up healthcare planning.
"Pediatric health care facility" means a clinic or
physician's office that provides medical services to pediatric
patients.
"Pediatric sexual assault survivor" means a person under
the age of 13 who presents for medical forensic services in
relation to injuries or trauma resulting from a sexual
assault.
"Photo documentation" means digital photographs or
colposcope videos stored and backed up securely in the
original file format.

"Physician" means a person licensed to practice medicine
in all its branches.
"Physician assistant" has the meaning provided in Section
4 of the Physician Assistant Practice Act of 1987.
"Prepubescent sexual assault survivor" means a female who
is under the age of 18 years and has not had a first menstrual
cycle or a male who is under the age of 18 years and has not
started to develop secondary sex characteristics who presents
for medical forensic services in relation to injuries or
trauma resulting from a sexual assault.
"Qualified medical provider" means a board-certified child
abuse pediatrician, board-eligible child abuse pediatrician, a
sexual assault forensic examiner, or a sexual assault nurse
examiner who has access to photo documentation tools, and who
participates in peer review.
"Registered Professional Nurse" has the meaning provided
in Section 50-10 of the Nurse Practice Act.
"Sexual assault" means:
(1) an act of sexual conduct; as used in this
paragraph, "sexual conduct" has the meaning provided under
Section 11-0.1 of the Criminal Code of 2012; or
(2) any act of sexual penetration; as used in this
paragraph, "sexual penetration" has the meaning provided
under Section 11-0.1 of the Criminal Code of 2012 and
includes, without limitation, acts prohibited under
Sections 11-1.20 through 11-1.60 of the Criminal Code of

2012.
"Sexual assault forensic examiner" means a physician or
physician assistant who has completed training that meets or
is substantially similar to the Sexual Assault Nurse Examiner
Education Guidelines established by the International
Association of Forensic Nurses.
"Sexual assault nurse examiner" means an advanced practice
registered nurse or registered professional nurse who has
completed a sexual assault nurse examiner training program
that meets the Sexual Assault Nurse Examiner Education
Guidelines established by the International Association of
Forensic Nurses.
"Sexual assault services voucher" means a document
generated by a hospital or approved pediatric health care
facility at the time the sexual assault survivor receives
outpatient medical forensic services that may be used to seek
payment for any ambulance services, medical forensic services,
laboratory services, pharmacy services, and follow-up
healthcare provided as a result of the sexual assault.
"Sexual assault survivor" means a person who presents for
medical forensic services in relation to injuries or trauma
resulting from a sexual assault.
"Sexual assault transfer plan" means a written plan
developed by a hospital and approved by the Department, which
describes the hospital's procedures for transferring sexual
assault survivors to another hospital, and an approved

pediatric health care facility, if applicable, in order to
receive medical forensic services.
"Sexual assault treatment plan" means a written plan that
describes the procedures and protocols for providing medical
forensic services to sexual assault survivors who present
themselves for such services, either directly or through
transfer from a hospital or an approved pediatric health care
facility.
"Transfer hospital" means a hospital with a sexual assault
transfer plan approved by the Department.
"Transfer services" means the appropriate medical
screening examination and necessary stabilizing treatment
prior to the transfer of a sexual assault survivor to a
hospital or an approved pediatric health care facility that
provides medical forensic services to sexual assault survivors
pursuant to a sexual assault treatment plan or areawide sexual
assault treatment plan.
"Treatment hospital" means a hospital with a sexual
assault treatment plan approved by the Department to provide
medical forensic services to all sexual assault survivors who
present with a complaint of sexual assault within a minimum of
the last 7 days or who have disclosed past sexual assault by a
specific individual and were in the care of that individual
within a minimum of the last 7 days.
"Treatment hospital with approved pediatric transfer"
means a hospital with a treatment plan approved by the

Department to provide medical forensic services to sexual
assault survivors 13 years old or older who present with a
complaint of sexual assault within a minimum of the last 7 days
or who have disclosed past sexual assault by a specific
individual and were in the care of that individual within a
minimum of the last 7 days.
(b) This Section is effective on and after January 1, 2024
2022.
(Source: P.A. 101-81, eff. 7-12-19; 101-634, eff. 6-5-20;
102-22, eff. 6-25-21; 102-538, eff. 8-20-21; 102-674, eff.
11-30-21; revised 12-16-21.)
(410 ILCS 70/5) (from Ch. 111 1/2, par. 87-5)
Sec. 5. Minimum requirements for medical forensic services
provided to sexual assault survivors by hospitals and approved
pediatric health care facilities.
(a) Every hospital and approved pediatric health care
facility providing medical forensic services to sexual assault
survivors under this Act shall, as minimum requirements for
such services, provide, with the consent of the sexual assault
survivor, and as ordered by the attending physician, an
advanced practice registered nurse, or a physician assistant,
the services set forth in subsection (a-5).
Beginning January 1, 2023, a qualified medical provider
must provide the services set forth in subsection (a-5).
(a-5) A treatment hospital, a treatment hospital with

approved pediatric transfer, or an approved pediatric health
care facility shall provide the following services in
accordance with subsection (a):
(1) Appropriate medical forensic services without
delay, in a private, age-appropriate or
developmentally-appropriate space, required to ensure the
health, safety, and welfare of a sexual assault survivor
and which may be used as evidence in a criminal proceeding
against a person accused of the sexual assault, in a
proceeding under the Juvenile Court Act of 1987, or in an
investigation under the Abused and Neglected Child
Reporting Act.
Records of medical forensic services, including
results of examinations and tests, the Illinois State
Police Medical Forensic Documentation Forms, the Illinois
State Police Patient Discharge Materials, and the Illinois
State Police Patient Consent: Collect and Test Evidence or
Collect and Hold Evidence Form, shall be maintained by the
hospital or approved pediatric health care facility as
part of the patient's electronic medical record.
Records of medical forensic services of sexual assault
survivors under the age of 18 shall be retained by the
hospital for a period of 60 years after the sexual assault
survivor reaches the age of 18. Records of medical
forensic services of sexual assault survivors 18 years of
age or older shall be retained by the hospital for a period

of 20 years after the date the record was created.
Records of medical forensic services may only be
disseminated in accordance with Section 6.5 of this Act
and other State and federal law.
(1.5) An offer to complete the Illinois Sexual Assault
Evidence Collection Kit for any sexual assault survivor
who presents within a minimum of the last 7 days of the
assault or who has disclosed past sexual assault by a
specific individual and was in the care of that individual
within a minimum of the last 7 days.
(A) Appropriate oral and written information
concerning evidence-based guidelines for the
appropriateness of evidence collection depending on
the sexual development of the sexual assault survivor,
the type of sexual assault, and the timing of the
sexual assault shall be provided to the sexual assault
survivor. Evidence collection is encouraged for
prepubescent sexual assault survivors who present to a
hospital or approved pediatric health care facility
with a complaint of sexual assault within a minimum of
96 hours after the sexual assault.
Before January 1, 2023, the information required
under this subparagraph shall be provided in person by
the health care professional providing medical
forensic services directly to the sexual assault
survivor.

On and after January 1, 2023, the information
required under this subparagraph shall be provided in
person by the qualified medical provider providing
medical forensic services directly to the sexual
assault survivor.
The written information provided shall be the
information created in accordance with Section 10 of
this Act.
(B) Following the discussion regarding the
evidence-based guidelines for evidence collection in
accordance with subparagraph (A), evidence collection
must be completed at the sexual assault survivor's
request. A sexual assault nurse examiner conducting an
examination using the Illinois State Police Sexual
Assault Evidence Collection Kit may do so without the
presence or participation of a physician.
(2) Appropriate oral and written information
concerning the possibility of infection, sexually
transmitted infection, including an evaluation of the
sexual assault survivor's risk of contracting human
immunodeficiency virus (HIV) from sexual assault, and
pregnancy resulting from sexual assault.
(3) Appropriate oral and written information
concerning accepted medical procedures, laboratory tests,
medication, and possible contraindications of such
medication available for the prevention or treatment of

infection or disease resulting from sexual assault.
(3.5) After a medical evidentiary or physical
examination, access to a shower at no cost, unless
showering facilities are unavailable.
(4) An amount of medication, including HIV
prophylaxis, for treatment at the hospital or approved
pediatric health care facility and after discharge as is
deemed appropriate by the attending physician, an advanced
practice registered nurse, or a physician assistant in
accordance with the Centers for Disease Control and
Prevention guidelines and consistent with the hospital's
or approved pediatric health care facility's current
approved protocol for sexual assault survivors.
(5) Photo documentation of the sexual assault
survivor's injuries, anatomy involved in the assault, or
other visible evidence on the sexual assault survivor's
body to supplement the medical forensic history and
written documentation of physical findings and evidence
beginning July 1, 2019. Photo documentation does not
replace written documentation of the injury.
(6) Written and oral instructions indicating the need
for follow-up examinations and laboratory tests after the
sexual assault to determine the presence or absence of
sexually transmitted infection.
(7) Referral by hospital or approved pediatric health
care facility personnel for appropriate counseling.

(8) Medical advocacy services provided by a rape
crisis counselor whose communications are protected under
Section 8-802.1 of the Code of Civil Procedure, if there
is a memorandum of understanding between the hospital or
approved pediatric health care facility and a rape crisis
center. With the consent of the sexual assault survivor, a
rape crisis counselor shall remain in the exam room during
the medical forensic examination.
(9) Written information regarding services provided by
a Children's Advocacy Center and rape crisis center, if
applicable.
(10) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital as
defined in Section 5.4, or an approved pediatric health
care facility shall comply with the rules relating to the
collection and tracking of sexual assault evidence adopted
by the Illinois State Police under Section 50 of the
Sexual Assault Evidence Submission Act.
(11) Written information regarding the Illinois State
Police sexual assault evidence tracking system.
(a-7) By January 1, 2023, every hospital with a treatment
plan approved by the Department shall employ or contract with
a qualified medical provider to initiate medical forensic
services to a sexual assault survivor within 90 minutes of the
patient presenting to the treatment hospital or treatment
hospital with approved pediatric transfer. The provision of

medical forensic services by a qualified medical provider
shall not delay the provision of life-saving medical care.
(b) Any person who is a sexual assault survivor who seeks
medical forensic services or follow-up healthcare under this
Act shall be provided such services without the consent of any
parent, guardian, custodian, surrogate, or agent. If a sexual
assault survivor is unable to consent to medical forensic
services, the services may be provided under the Consent by
Minors to Health Care Services Medical Procedures Act, the
Health Care Surrogate Act, or other applicable State and
federal laws.
(b-5) Every hospital or approved pediatric health care
facility providing medical forensic services to sexual assault
survivors shall issue a voucher to any sexual assault survivor
who is eligible to receive one in accordance with Section 5.2
of this Act. The hospital shall make a copy of the voucher and
place it in the medical record of the sexual assault survivor.
The hospital shall provide a copy of the voucher to the sexual
assault survivor after discharge upon request.
(c) Nothing in this Section creates a physician-patient
relationship that extends beyond discharge from the hospital
or approved pediatric health care facility.
(d) This Section is effective on and after January 1, 2024
2022.
(Source: P.A. 101-81, eff. 7-12-19; 101-377, eff. 8-16-19;
101-634, eff. 6-5-20; 102-22, eff. 6-25-21; 102-538, eff.

8-20-21; 102-674, eff. 11-30-21; revised 12-16-21.)
(410 ILCS 70/6.4) (from Ch. 111 1/2, par. 87-6.4)
Sec. 6.4. Sexual assault evidence collection program.
(a) There is created a statewide sexual assault evidence
collection program to facilitate the prosecution of persons
accused of sexual assault. This program shall be administered
by the Illinois State Police. The program shall consist of the
following: (1) distribution of sexual assault evidence
collection kits which have been approved by the Illinois State
Police to hospitals and approved pediatric health care
facilities that request them, or arranging for such
distribution by the manufacturer of the kits, (2) collection
of the kits from hospitals and approved pediatric health care
facilities after the kits have been used to collect evidence,
(3) analysis of the collected evidence and conducting of
laboratory tests, (4) maintaining the chain of custody and
safekeeping of the evidence for use in a legal proceeding, and
(5) the comparison of the collected evidence with the genetic
marker grouping analysis information maintained by the
Illinois State Police under Section 5-4-3 of the Unified Code
of Corrections and with the information contained in the
Federal Bureau of Investigation's National DNA database;
provided the amount and quality of genetic marker grouping
results obtained from the evidence in the sexual assault case
meets the requirements of both the Illinois State Police and

the Federal Bureau of Investigation's Combined DNA Index
System (CODIS) policies. The standardized evidence collection
kit for the State of Illinois shall be the Illinois State
Police Sexual Assault Evidence Kit and shall include a written
consent form authorizing law enforcement to test the sexual
assault evidence and to provide law enforcement with details
of the sexual assault.
(a-5) (Blank).
(b) The Illinois State Police shall administer a program
to train hospital and approved pediatric health care facility
personnel participating in the sexual assault evidence
collection program, in the correct use and application of the
sexual assault evidence collection kits. The Department shall
cooperate with the Illinois State Police in this program as it
pertains to medical aspects of the evidence collection.
(c) (Blank).
(d) This Section is effective on and after January 1, 2024
2022.
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21;
102-538, eff. 8-20-21; 102-674, eff. 11-30-21; revised
12-16-21.)
Section 535. The Compassionate Use of Medical Cannabis
Program Act is amended by changing Sections 100 and 145 as
follows:

(410 ILCS 130/100)
Sec. 100. Cultivation center agent identification card.
(a) The Department of Agriculture shall:
(1) verify the information contained in an application
or renewal for a cultivation center identification card
submitted under this Act, and approve or deny an
application or renewal, within 30 days of receiving a
completed application or renewal application and all
supporting documentation required by rule;
(2) issue a cultivation center agent identification
card to a qualifying agent within 15 business days of
approving the application or renewal;
(3) enter the registry identification number of the
cultivation center where the agent works; and
(4) allow for an electronic application process, and
provide a confirmation by electronic or other methods that
an application has been submitted.
(b) A cultivation center agent must keep his or her
identification card visible at all times when on the property
of a cultivation center and during the transportation of
medical cannabis to a registered dispensary organization.
(c) The cultivation center agent identification cards
shall contain the following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of
cultivation center agent identification cards;

(3) a random 10-digit 10 digit alphanumeric
identification number containing at least 4 numbers and at
least 4 letters; that is unique to the holder; and
(4) a photograph of the cardholder.
(d) The cultivation center agent identification cards
shall be immediately returned to the cultivation center upon
termination of employment.
(e) Any card lost by a cultivation center agent shall be
reported to the Illinois State Police and the Department of
Agriculture immediately upon discovery of the loss.
(f) An applicant shall be denied a cultivation center
agent identification card if he or she has been convicted of an
excluded offense.
(g) An agent applicant may begin employment at a
cultivation center while the agent applicant's identification
card application is pending. Upon approval, the Department
shall issue the agent's identification card to the agent. If
denied, the cultivation center and the agent applicant shall
be notified and the agent applicant must cease all activity at
the cultivation center immediately.
(Source: P.A. 102-98, eff. 7-15-21; 102-538, eff. 8-20-21;
revised 10-14-21.)
(410 ILCS 130/145)
Sec. 145. Confidentiality.
(a) The following information received and records kept by

the Department of Public Health, Department of Financial and
Professional Regulation, Department of Agriculture, or
Illinois State Police for purposes of administering this Act
are subject to all applicable federal privacy laws,
confidential, and exempt from the Freedom of Information Act,
and not subject to disclosure to any individual or public or
private entity, except as necessary for authorized employees
of those authorized agencies to perform official duties under
this Act and the following information received and records
kept by Department of Public Health, Department of
Agriculture, Department of Financial and Professional
Regulation, and Illinois State Police, excluding any existing
or non-existing Illinois or national criminal history record
information as defined in subsection (d), may be disclosed to
each other upon request:
(1) Applications and renewals, their contents, and
supporting information submitted by qualifying patients
and designated caregivers, including information regarding
their designated caregivers and certifying health care
professionals.
(2) Applications and renewals, their contents, and
supporting information submitted by or on behalf of
cultivation centers and dispensing organizations in
compliance with this Act, including their physical
addresses. This does not preclude the release of ownership
information of cannabis business establishment licenses.

(3) The individual names and other information
identifying persons to whom the Department of Public
Health has issued registry identification cards.
(4) Any dispensing information required to be kept
under Section 135, Section 150, or Department of Public
Health, Department of Agriculture, or Department of
Financial and Professional Regulation rules shall identify
cardholders and registered cultivation centers by their
registry identification numbers and medical cannabis
dispensing organizations by their registration number and
not contain names or other personally identifying
information.
(5) All medical records provided to the Department of
Public Health in connection with an application for a
registry card.
(b) Nothing in this Section precludes the following:
(1) Department of Agriculture, Department of Financial
and Professional Regulation, or Public Health employees
may notify law enforcement about falsified or fraudulent
information submitted to the Departments if the employee
who suspects that falsified or fraudulent information has
been submitted conferred with his or her supervisor and
both agree that circumstances exist that warrant
reporting.
(2) If the employee conferred with his or her
supervisor and both agree that circumstances exist that

warrant reporting, Department of Public Health employees
may notify the Department of Financial and Professional
Regulation if there is reasonable cause to believe a
certifying health care professional:
(A) issued a written certification without a bona
fide health care professional-patient relationship
under this Act;
(B) issued a written certification to a person who
was not under the certifying health care
professional's care for the debilitating medical
condition; or
(C) failed to abide by the acceptable and
prevailing standard of care when evaluating a
patient's medical condition.
(3) The Department of Public Health, Department of
Agriculture, and Department of Financial and Professional
Regulation may notify State or local law enforcement about
apparent criminal violations of this Act if the employee
who suspects the offense has conferred with his or her
supervisor and both agree that circumstances exist that
warrant reporting.
(4) Medical cannabis cultivation center agents and
medical cannabis dispensing organizations may notify the
Department of Public Health, Department of Financial and
Professional Regulation, or Department of Agriculture of a
suspected violation or attempted violation of this Act or

the rules issued under it.
(5) Each Department may verify registry identification
cards under Section 150.
(6) The submission of the report to the General
Assembly under Section 160.
(b-5) Each Department responsible for licensure under this
Act shall publish on the Department's website a list of the
ownership information of cannabis business establishment
licensees under the Department's jurisdiction. The list shall
include, but shall not be limited to, the name of the person or
entity holding each cannabis business establishment license
and the address at which the entity is operating under this
Act. This list shall be published and updated monthly.
(c) Except for any ownership information released pursuant
to subsection (b-5) or as otherwise authorized or required by
law, it is a Class B misdemeanor with a $1,000 fine for any
person, including an employee or official of the Department of
Public Health, Department of Financial and Professional
Regulation, or Department of Agriculture or another State
agency or local government, to breach the confidentiality of
information obtained under this Act.
(d) The Department of Public Health, the Department of
Agriculture, the Illinois State Police, and the Department of
Financial and Professional Regulation shall not share or
disclose any existing or non-existing Illinois or national
criminal history record information. For the purposes of this

Section, "any existing or non-existing Illinois or national
criminal history record information" means any Illinois or
national criminal history record information, including but
not limited to the lack of or non-existence of these records.
(Source: P.A. 101-363, eff. 8-9-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; revised 10-12-21.)
Section 540. The Cannabis Regulation and Tax Act is
amended by changing Sections 1-10, 15-25, 15-30, 15-40,
15-135, 20-30, 25-30, 25-35, 30-30, 35-25, 35-30, 40-25,
40-30, and 55-30 as follows:
(410 ILCS 705/1-10)
Sec. 1-10. Definitions. In this Act:
"Adult Use Cultivation Center License" means a license
issued by the Department of Agriculture that permits a person
to act as a cultivation center under this Act and any
administrative rule made in furtherance of this Act.
"Adult Use Dispensing Organization License" means a
license issued by the Department of Financial and Professional
Regulation that permits a person to act as a dispensing
organization under this Act and any administrative rule made
in furtherance of this Act.
"Advertise" means to engage in promotional activities
including, but not limited to: newspaper, radio, Internet and
electronic media, and television advertising; the distribution

of fliers and circulars; billboard advertising; and the
display of window and interior signs. "Advertise" does not
mean exterior signage displaying only the name of the licensed
cannabis business establishment.
"Application points" means the number of points a
Dispensary Applicant receives on an application for a
Conditional Adult Use Dispensing Organization License.
"BLS Region" means a region in Illinois used by the United
States Bureau of Labor Statistics to gather and categorize
certain employment and wage data. The 17 such regions in
Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
Rockford, St. Louis, Springfield, Northwest Illinois
nonmetropolitan area, West Central Illinois nonmetropolitan
area, East Central Illinois nonmetropolitan area, and South
Illinois nonmetropolitan area.
"By lot" means a randomized method of choosing between 2
or more Eligible Tied Applicants or 2 or more Qualifying
Applicants.
"Cannabis" means marijuana, hashish, and other substances
that are identified as including any parts of the plant
Cannabis sativa and including derivatives or subspecies, such
as indica, of all strains of cannabis, whether growing or not;
the seeds thereof, the resin extracted from any part of the
plant; and any compound, manufacture, salt, derivative,

mixture, or preparation of the plant, its seeds, or resin,
including tetrahydrocannabinol (THC) and all other naturally
produced cannabinol derivatives, whether produced directly or
indirectly by extraction; however, "cannabis" does not include
the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seeds of the plant, any other
compound, manufacture, salt, derivative, mixture, or
preparation of the mature stalks (except the resin extracted
from it), fiber, oil or cake, or the sterilized seed of the
plant that is incapable of germination. "Cannabis" does not
include industrial hemp as defined and authorized under the
Industrial Hemp Act. "Cannabis" also means cannabis flower,
concentrate, and cannabis-infused products.
"Cannabis business establishment" means a cultivation
center, craft grower, processing organization, infuser
organization, dispensing organization, or transporting
organization.
"Cannabis concentrate" means a product derived from
cannabis that is produced by extracting cannabinoids,
including tetrahydrocannabinol (THC), from the plant through
the use of propylene glycol, glycerin, butter, olive oil, or
other typical cooking fats; water, ice, or dry ice; or butane,
propane, CO2, ethanol, or isopropanol and with the intended
use of smoking or making a cannabis-infused product. The use
of any other solvent is expressly prohibited unless and until
it is approved by the Department of Agriculture.

"Cannabis container" means a sealed or resealable,
traceable, container, or package used for the purpose of
containment of cannabis or cannabis-infused product during
transportation.
"Cannabis flower" means marijuana, hashish, and other
substances that are identified as including any parts of the
plant Cannabis sativa and including derivatives or subspecies,
such as indica, of all strains of cannabis; including raw
kief, leaves, and buds, but not resin that has been extracted
from any part of such plant; nor any compound, manufacture,
salt, derivative, mixture, or preparation of such plant, its
seeds, or resin.
"Cannabis-infused product" means a beverage, food, oil,
ointment, tincture, topical formulation, or another product
containing cannabis or cannabis concentrate that is not
intended to be smoked.
"Cannabis paraphernalia" means equipment, products, or
materials intended to be used for planting, propagating,
cultivating, growing, harvesting, manufacturing, producing,
processing, preparing, testing, analyzing, packaging,
repackaging, storing, containing, concealing, ingesting, or
otherwise introducing cannabis into the human body.
"Cannabis plant monitoring system" or "plant monitoring
system" means a system that includes, but is not limited to,
testing and data collection established and maintained by the
cultivation center, craft grower, or processing organization

and that is available to the Department of Revenue, the
Department of Agriculture, the Department of Financial and
Professional Regulation, and the Illinois State Police for the
purposes of documenting each cannabis plant and monitoring
plant development throughout the life cycle of a cannabis
plant cultivated for the intended use by a customer from seed
planting to final packaging.
"Cannabis testing facility" means an entity registered by
the Department of Agriculture to test cannabis for potency and
contaminants.
"Clone" means a plant section from a female cannabis plant
not yet rootbound, growing in a water solution or other
propagation matrix, that is capable of developing into a new
plant.
"Community College Cannabis Vocational Training Pilot
Program faculty participant" means a person who is 21 years of
age or older, licensed by the Department of Agriculture, and
is employed or contracted by an Illinois community college to
provide student instruction using cannabis plants at an
Illinois Community College.
"Community College Cannabis Vocational Training Pilot
Program faculty participant Agent Identification Card" means a
document issued by the Department of Agriculture that
identifies a person as a Community College Cannabis Vocational
Training Pilot Program faculty participant.
"Conditional Adult Use Dispensing Organization License"

means a contingent license awarded to applicants for an Adult
Use Dispensing Organization License that reserves the right to
an Adult Use Dispensing Organization License if the applicant
meets certain conditions described in this Act, but does not
entitle the recipient to begin purchasing or selling cannabis
or cannabis-infused products.
"Conditional Adult Use Cultivation Center License" means a
license awarded to top-scoring applicants for an Adult Use
Cultivation Center License that reserves the right to an Adult
Use Cultivation Center License if the applicant meets certain
conditions as determined by the Department of Agriculture by
rule, but does not entitle the recipient to begin growing,
processing, or selling cannabis or cannabis-infused products.
"Craft grower" means a facility operated by an
organization or business that is licensed by the Department of
Agriculture to cultivate, dry, cure, and package cannabis and
perform other necessary activities to make cannabis available
for sale at a dispensing organization or use at a processing
organization. A craft grower may contain up to 5,000 square
feet of canopy space on its premises for plants in the
flowering state. The Department of Agriculture may authorize
an increase or decrease of flowering stage cultivation space
in increments of 3,000 square feet by rule based on market
need, craft grower capacity, and the licensee's history of
compliance or noncompliance, with a maximum space of 14,000
square feet for cultivating plants in the flowering stage,

which must be cultivated in all stages of growth in an enclosed
and secure area. A craft grower may share premises with a
processing organization or a dispensing organization, or both,
provided each licensee stores currency and cannabis or
cannabis-infused products in a separate secured vault to which
the other licensee does not have access or all licensees
sharing a vault share more than 50% of the same ownership.
"Craft grower agent" means a principal officer, board
member, employee, or other agent of a craft grower who is 21
years of age or older.
"Craft Grower Agent Identification Card" means a document
issued by the Department of Agriculture that identifies a
person as a craft grower agent.
"Cultivation center" means a facility operated by an
organization or business that is licensed by the Department of
Agriculture to cultivate, process, transport (unless otherwise
limited by this Act), and perform other necessary activities
to provide cannabis and cannabis-infused products to cannabis
business establishments.
"Cultivation center agent" means a principal officer,
board member, employee, or other agent of a cultivation center
who is 21 years of age or older.
"Cultivation Center Agent Identification Card" means a
document issued by the Department of Agriculture that
identifies a person as a cultivation center agent.
"Currency" means currency and coin of the United States.

"Dispensary" means a facility operated by a dispensing
organization at which activities licensed by this Act may
occur.
"Dispensary Applicant" means the Proposed Dispensing
Organization Name as stated on an application for a
Conditional Adult Use Dispensing Organization License.
"Dispensing organization" means a facility operated by an
organization or business that is licensed by the Department of
Financial and Professional Regulation to acquire cannabis from
a cultivation center, craft grower, processing organization,
or another dispensary for the purpose of selling or dispensing
cannabis, cannabis-infused products, cannabis seeds,
paraphernalia, or related supplies under this Act to
purchasers or to qualified registered medical cannabis
patients and caregivers. As used in this Act, "dispensing
organization" includes a registered medical cannabis
organization as defined in the Compassionate Use of Medical
Cannabis Program Act or its successor Act that has obtained an
Early Approval Adult Use Dispensing Organization License.
"Dispensing organization agent" means a principal officer,
employee, or agent of a dispensing organization who is 21
years of age or older.
"Dispensing organization agent identification card" means
a document issued by the Department of Financial and
Professional Regulation that identifies a person as a
dispensing organization agent.

"Disproportionately Impacted Area" means a census tract or
comparable geographic area that satisfies the following
criteria as determined by the Department of Commerce and
Economic Opportunity, that:
(1) meets at least one of the following criteria:
(A) the area has a poverty rate of at least 20%
according to the latest federal decennial census; or
(B) 75% or more of the children in the area
participate in the federal free lunch program
according to reported statistics from the State Board
of Education; or
(C) at least 20% of the households in the area
receive assistance under the Supplemental Nutrition
Assistance Program; or
(D) the area has an average unemployment rate, as
determined by the Illinois Department of Employment
Security, that is more than 120% of the national
unemployment average, as determined by the United
States Department of Labor, for a period of at least 2
consecutive calendar years preceding the date of the
application; and
(2) has high rates of arrest, conviction, and
incarceration related to the sale, possession, use,
cultivation, manufacture, or transport of cannabis.
"Early Approval Adult Use Cultivation Center License"
means a license that permits a medical cannabis cultivation

center licensed under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act to
begin cultivating, infusing, packaging, transporting (unless
otherwise provided in this Act), processing, and selling
cannabis or cannabis-infused product to cannabis business
establishments for resale to purchasers as permitted by this
Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization License"
means a license that permits a medical cannabis dispensing
organization licensed under the Compassionate Use of Medical
Cannabis Program Act as of the effective date of this Act to
begin selling cannabis or cannabis-infused product to
purchasers as permitted by this Act as of January 1, 2020.
"Early Approval Adult Use Dispensing Organization at a
secondary site" means a license that permits a medical
cannabis dispensing organization licensed under the
Compassionate Use of Medical Cannabis Program Act as of the
effective date of this Act to begin selling cannabis or
cannabis-infused product to purchasers as permitted by this
Act on January 1, 2020 at a different dispensary location from
its existing registered medical dispensary location.
"Eligible Tied Applicant" means a Tied Applicant that is
eligible to participate in the process by which a remaining
available license is distributed by lot pursuant to a Tied
Applicant Lottery.
"Enclosed, locked facility" means a room, greenhouse,

building, or other enclosed area equipped with locks or other
security devices that permit access only by cannabis business
establishment agents working for the licensed cannabis
business establishment or acting pursuant to this Act to
cultivate, process, store, or distribute cannabis.
"Enclosed, locked space" means a closet, room, greenhouse,
building, or other enclosed area equipped with locks or other
security devices that permit access only by authorized
individuals under this Act. "Enclosed, locked space" may
include:
(1) a space within a residential building that (i) is
the primary residence of the individual cultivating 5 or
fewer cannabis plants that are more than 5 inches tall and
(ii) includes sleeping quarters and indoor plumbing. The
space must only be accessible by a key or code that is
different from any key or code that can be used to access
the residential building from the exterior; or
(2) a structure, such as a shed or greenhouse, that
lies on the same plot of land as a residential building
that (i) includes sleeping quarters and indoor plumbing
and (ii) is used as a primary residence by the person
cultivating 5 or fewer cannabis plants that are more than
5 inches tall, such as a shed or greenhouse. The structure
must remain locked when it is unoccupied by people.
"Financial institution" has the same meaning as "financial
organization" as defined in Section 1501 of the Illinois

Income Tax Act, and also includes the holding companies,
subsidiaries, and affiliates of such financial organizations.
"Flowering stage" means the stage of cultivation where and
when a cannabis plant is cultivated to produce plant material
for cannabis products. This includes mature plants as follows:
(1) if greater than 2 stigmas are visible at each
internode of the plant; or
(2) if the cannabis plant is in an area that has been
intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation,
from the moment the light deprivation began through the
remainder of the marijuana plant growth cycle.
"Individual" means a natural person.
"Infuser organization" or "infuser" means a facility
operated by an organization or business that is licensed by
the Department of Agriculture to directly incorporate cannabis
or cannabis concentrate into a product formulation to produce
a cannabis-infused product.
"Kief" means the resinous crystal-like trichomes that are
found on cannabis and that are accumulated, resulting in a
higher concentration of cannabinoids, untreated by heat or
pressure, or extracted using a solvent.
"Labor peace agreement" means an agreement between a
cannabis business establishment and any labor organization
recognized under the National Labor Relations Act, referred to
in this Act as a bona fide labor organization, that prohibits

labor organizations and members from engaging in picketing,
work stoppages, boycotts, and any other economic interference
with the cannabis business establishment. This agreement means
that the cannabis business establishment has agreed not to
disrupt efforts by the bona fide labor organization to
communicate with, and attempt to organize and represent, the
cannabis business establishment's employees. The agreement
shall provide a bona fide labor organization access at
reasonable times to areas in which the cannabis business
establishment's employees work, for the purpose of meeting
with employees to discuss their right to representation,
employment rights under State law, and terms and conditions of
employment. This type of agreement shall not mandate a
particular method of election or certification of the bona
fide labor organization.
"Limited access area" means a room or other area under the
control of a cannabis dispensing organization licensed under
this Act and upon the licensed premises where cannabis sales
occur with access limited to purchasers, dispensing
organization owners and other dispensing organization agents,
or service professionals conducting business with the
dispensing organization, or, if sales to registered qualifying
patients, caregivers, provisional patients, and Opioid
Alternative Pilot Program participants licensed pursuant to
the Compassionate Use of Medical Cannabis Program Act are also
permitted at the dispensary, registered qualifying patients,

caregivers, provisional patients, and Opioid Alternative Pilot
Program participants.
"Member of an impacted family" means an individual who has
a parent, legal guardian, child, spouse, or dependent, or was
a dependent of an individual who, prior to the effective date
of this Act, was arrested for, convicted of, or adjudicated
delinquent for any offense that is eligible for expungement
under this Act.
"Mother plant" means a cannabis plant that is cultivated
or maintained for the purpose of generating clones, and that
will not be used to produce plant material for sale to an
infuser or dispensing organization.
"Ordinary public view" means within the sight line with
normal visual range of a person, unassisted by visual aids,
from a public street or sidewalk adjacent to real property, or
from within an adjacent property.
"Ownership and control" means ownership of at least 51% of
the business, including corporate stock if a corporation, and
control over the management and day-to-day operations of the
business and an interest in the capital, assets, and profits
and losses of the business proportionate to percentage of
ownership.
"Person" means a natural individual, firm, partnership,
association, joint stock company, joint venture, public or
private corporation, limited liability company, or a receiver,
executor, trustee, guardian, or other representative appointed

by order of any court.
"Possession limit" means the amount of cannabis under
Section 10-10 that may be possessed at any one time by a person
21 years of age or older or who is a registered qualifying
medical cannabis patient or caregiver under the Compassionate
Use of Medical Cannabis Program Act.
"Principal officer" includes a cannabis business
establishment applicant or licensed cannabis business
establishment's board member, owner with more than 1% interest
of the total cannabis business establishment or more than 5%
interest of the total cannabis business establishment of a
publicly traded company, president, vice president, secretary,
treasurer, partner, officer, member, manager member, or person
with a profit sharing, financial interest, or revenue sharing
arrangement. The definition includes a person with authority
to control the cannabis business establishment, a person who
assumes responsibility for the debts of the cannabis business
establishment and who is further defined in this Act.
"Primary residence" means a dwelling where a person
usually stays or stays more often than other locations. It may
be determined by, without limitation, presence, tax filings;
address on an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a Disability
Identification Card; or voter registration. No person may have
more than one primary residence.
"Processing organization" or "processor" means a facility

operated by an organization or business that is licensed by
the Department of Agriculture to either extract constituent
chemicals or compounds to produce cannabis concentrate or
incorporate cannabis or cannabis concentrate into a product
formulation to produce a cannabis product.
"Processing organization agent" means a principal officer,
board member, employee, or agent of a processing organization.
"Processing organization agent identification card" means
a document issued by the Department of Agriculture that
identifies a person as a processing organization agent.
"Purchaser" means a person 21 years of age or older who
acquires cannabis for a valuable consideration. "Purchaser"
does not include a cardholder under the Compassionate Use of
Medical Cannabis Program Act.
"Qualifying Applicant" means an applicant that submitted
an application pursuant to Section 15-30 that received at
least 85% of 250 application points available under Section
15-30 as the applicant's final score and meets the definition
of "Social Equity Applicant" as set forth under this Section.
"Qualifying Social Equity Justice Involved Applicant"
means an applicant that submitted an application pursuant to
Section 15-30 that received at least 85% of 250 application
points available under Section 15-30 as the applicant's final
score and meets the criteria of either paragraph (1) or (2) of
the definition of "Social Equity Applicant" as set forth under
this Section.

"Qualified Social Equity Applicant" means a Social Equity
Applicant who has been awarded a conditional license under
this Act to operate a cannabis business establishment.
"Resided" means an individual's primary residence was
located within the relevant geographic area as established by
2 of the following:
(1) a signed lease agreement that includes the
applicant's name;
(2) a property deed that includes the applicant's
name;
(3) school records;
(4) a voter registration card;
(5) an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a
Disability Identification Card;
(6) a paycheck stub;
(7) a utility bill;
(8) tax records; or
(9) any other proof of residency or other information
necessary to establish residence as provided by rule.
"Smoking" means the inhalation of smoke caused by the
combustion of cannabis.
"Social Equity Applicant" means an applicant that is an
Illinois resident that meets one of the following criteria:
(1) an applicant with at least 51% ownership and
control by one or more individuals who have resided for at

least 5 of the preceding 10 years in a Disproportionately
Impacted Area;
(2) an applicant with at least 51% ownership and
control by one or more individuals who:
(i) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act; or
(ii) is a member of an impacted family;
(3) for applicants with a minimum of 10 full-time
employees, an applicant with at least 51% of current
employees who:
(i) currently reside in a Disproportionately
Impacted Area; or
(ii) have been arrested for, convicted of, or
adjudicated delinquent for any offense that is
eligible for expungement under this Act or member of
an impacted family.
Nothing in this Act shall be construed to preempt or limit
the duties of any employer under the Job Opportunities for
Qualified Applicants Act. Nothing in this Act shall permit an
employer to require an employee to disclose sealed or expunged
offenses, unless otherwise required by law.
"Tied Applicant" means an application submitted by a
Dispensary Applicant pursuant to Section 15-30 that received
the same number of application points under Section 15-30 as
the Dispensary Applicant's final score as one or more

top-scoring applications in the same BLS Region and would have
been awarded a license but for the one or more other
top-scoring applications that received the same number of
application points. Each application for which a Dispensary
Applicant was required to pay a required application fee for
the application period ending January 2, 2020 shall be
considered an application of a separate Tied Applicant.
"Tied Applicant Lottery" means the process established
under 68 Ill. Adm. Code 1291.50 for awarding Conditional Adult
Use Dispensing Organization Licenses pursuant to Sections
15-25 and 15-30 among Eligible Tied Applicants.
"Tincture" means a cannabis-infused solution, typically
comprised of alcohol, glycerin, or vegetable oils, derived
either directly from the cannabis plant or from a processed
cannabis extract. A tincture is not an alcoholic liquor as
defined in the Liquor Control Act of 1934. A tincture shall
include a calibrated dropper or other similar device capable
of accurately measuring servings.
"Transporting organization" or "transporter" means an
organization or business that is licensed by the Department of
Agriculture to transport cannabis or cannabis-infused product
on behalf of a cannabis business establishment or a community
college licensed under the Community College Cannabis
Vocational Training Pilot Program.
"Transporting organization agent" means a principal
officer, board member, employee, or agent of a transporting

organization.
"Transporting organization agent identification card"
means a document issued by the Department of Agriculture that
identifies a person as a transporting organization agent.
"Unit of local government" means any county, city,
village, or incorporated town.
"Vegetative stage" means the stage of cultivation in which
a cannabis plant is propagated to produce additional cannabis
plants or reach a sufficient size for production. This
includes seedlings, clones, mothers, and other immature
cannabis plants as follows:
(1) if the cannabis plant is in an area that has not
been intentionally deprived of light for a period of time
intended to produce flower buds and induce maturation, it
has no more than 2 stigmas visible at each internode of the
cannabis plant; or
(2) any cannabis plant that is cultivated solely for
the purpose of propagating clones and is never used to
produce cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-13-21.)
(410 ILCS 705/15-25)
Sec. 15-25. Awarding of Conditional Adult Use Dispensing
Organization Licenses prior to January 1, 2021.

(a) The Department shall issue up to 75 Conditional Adult
Use Dispensing Organization Licenses before May 1, 2020.
(b) The Department shall make the application for a
Conditional Adult Use Dispensing Organization License
available no later than October 1, 2019 and shall accept
applications no later than January 1, 2020.
(c) To ensure the geographic dispersion of Conditional
Adult Use Dispensing Organization License holders, the
following number of licenses shall be awarded in each BLS
Region as determined by each region's percentage of the
State's population:
(1) Bloomington: 1
(2) Cape Girardeau: 1
(3) Carbondale-Marion: 1
(4) Champaign-Urbana: 1
(5) Chicago-Naperville-Elgin: 47
(6) Danville: 1
(7) Davenport-Moline-Rock Island: 1
(8) Decatur: 1
(9) Kankakee: 1
(10) Peoria: 3
(11) Rockford: 2
(12) St. Louis: 4
(13) Springfield: 1
(14) Northwest Illinois nonmetropolitan: 3
(15) West Central Illinois nonmetropolitan: 3

(16) East Central Illinois nonmetropolitan: 2
(17) South Illinois nonmetropolitan: 2
(d) An applicant seeking issuance of a Conditional Adult
Use Dispensing Organization License shall submit an
application on forms provided by the Department. An applicant
must meet the following requirements:
(1) Payment of a nonrefundable application fee of
$5,000 for each license for which the applicant is
applying, which shall be deposited into the Cannabis
Regulation Fund;
(2) Certification that the applicant will comply with
the requirements contained in this Act;
(3) The legal name of the proposed dispensing
organization;
(4) A statement that the dispensing organization
agrees to respond to the Department's supplemental
requests for information;
(5) From each principal officer, a statement
indicating whether that person:
(A) has previously held or currently holds an
ownership interest in a cannabis business
establishment in Illinois; or
(B) has held an ownership interest in a dispensing
organization or its equivalent in another state or
territory of the United States that had the dispensing
organization registration or license suspended,

revoked, placed on probationary status, or subjected
to other disciplinary action;
(6) Disclosure of whether any principal officer has
ever filed for bankruptcy or defaulted on spousal support
or child support obligation;
(7) A resume for each principal officer, including
whether that person has an academic degree, certification,
or relevant experience with a cannabis business
establishment or in a related industry;
(8) A description of the training and education that
will be provided to dispensing organization agents;
(9) A copy of the proposed operating bylaws;
(10) A copy of the proposed business plan that
complies with the requirements in this Act, including, at
a minimum, the following:
(A) A description of services to be offered; and
(B) A description of the process of dispensing
cannabis;
(11) A copy of the proposed security plan that
complies with the requirements in this Article, including:
(A) The process or controls that will be
implemented to monitor the dispensary, secure the
premises, agents, and currency, and prevent the
diversion, theft, or loss of cannabis; and
(B) The process to ensure that access to the
restricted access areas is restricted to, registered

agents, service professionals, transporting
organization agents, Department inspectors, and
security personnel;
(12) A proposed inventory control plan that complies
with this Section;
(13) A proposed floor plan, a square footage estimate,
and a description of proposed security devices, including,
without limitation, cameras, motion detectors, servers,
video storage capabilities, and alarm service providers;
(14) The name, address, social security number, and
date of birth of each principal officer and board member
of the dispensing organization; each of those individuals
shall be at least 21 years of age;
(15) Evidence of the applicant's status as a Social
Equity Applicant, if applicable, and whether a Social
Equity Applicant plans to apply for a loan or grant issued
by the Department of Commerce and Economic Opportunity;
(16) The address, telephone number, and email address
of the applicant's principal place of business, if
applicable. A post office box is not permitted;
(17) Written summaries of any information regarding
instances in which a business or not-for-profit that a
prospective board member previously managed or served on
were fined or censured, or any instances in which a
business or not-for-profit that a prospective board member
previously managed or served on had its registration

suspended or revoked in any administrative or judicial
proceeding;
(18) A plan for community engagement;
(19) Procedures to ensure accurate recordkeeping and
security measures that are in accordance with this Article
and Department rules;
(20) The estimated volume of cannabis it plans to
store at the dispensary;
(21) A description of the features that will provide
accessibility to purchasers as required by the Americans
with Disabilities Act;
(22) A detailed description of air treatment systems
that will be installed to reduce odors;
(23) A reasonable assurance that the issuance of a
license will not have a detrimental impact on the
community in which the applicant wishes to locate;
(24) The dated signature of each principal officer;
(25) A description of the enclosed, locked facility
where cannabis will be stored by the dispensing
organization;
(26) Signed statements from each dispensing
organization agent stating that he or she will not divert
cannabis;
(27) The number of licenses it is applying for in each
BLS Region;
(28) A diversity plan that includes a narrative of at

least 2,500 words that establishes a goal of diversity in
ownership, management, employment, and contracting to
ensure that diverse participants and groups are afforded
equality of opportunity;
(29) A contract with a private security contractor
agency that is licensed under Section 10-5 of the Private
Detective, Private Alarm, Private Security, Fingerprint
Vendor, and Locksmith Act of 2004 in order for the
dispensary to have adequate security at its facility; and
(30) Other information deemed necessary by the
Illinois Cannabis Regulation Oversight Officer to conduct
the disparity and availability study referenced in
subsection (e) of Section 5-45.
(e) An applicant who receives a Conditional Adult Use
Dispensing Organization License under this Section has 180
days from the date of award to identify a physical location for
the dispensing organization retail storefront. The applicant
shall provide evidence that the location is not within 1,500
feet of an existing dispensing organization, unless the
applicant is a Social Equity Applicant or Social Equity
Justice Involved Applicant located or seeking to locate within
1,500 feet of a dispensing organization licensed under Section
15-15 or Section 15-20. If an applicant is unable to find a
suitable physical address in the opinion of the Department
within 180 days of the issuance of the Conditional Adult Use
Dispensing Organization License, the Department may extend the

period for finding a physical address another 180 days if the
Conditional Adult Use Dispensing Organization License holder
demonstrates concrete attempts to secure a location and a
hardship. If the Department denies the extension or the
Conditional Adult Use Dispensing Organization License holder
is unable to find a location or become operational within 360
days of being awarded a conditional license, the Department
shall rescind the conditional license and award it to the next
highest scoring applicant in the BLS Region for which the
license was assigned, provided the applicant receiving the
license: (i) confirms a continued interest in operating a
dispensing organization; (ii) can provide evidence that the
applicant continues to meet all requirements for holding a
Conditional Adult Use Dispensing Organization License set
forth in this Act; and (iii) has not otherwise become
ineligible to be awarded a dispensing organization license. If
the new awardee is unable to accept the Conditional Adult Use
Dispensing Organization License, the Department shall award
the Conditional Adult Use Dispensing Organization License to
the next highest scoring applicant in the same manner. The new
awardee shall be subject to the same required deadlines as
provided in this subsection.
(e-5) If, within 180 days of being awarded a Conditional
Adult Use Dispensing Organization License, a dispensing
organization is unable to find a location within the BLS
Region in which it was awarded a Conditional Adult Use

Dispensing Organization License because no jurisdiction within
the BLS Region allows for the operation of an Adult Use
Dispensing Organization, the Department of Financial and
Professional Regulation may authorize the Conditional Adult
Use Dispensing Organization License holder to transfer its
license to a BLS Region specified by the Department.
(f) A dispensing organization that is awarded a
Conditional Adult Use Dispensing Organization License pursuant
to the criteria in Section 15-30 shall not purchase, possess,
sell, or dispense cannabis or cannabis-infused products until
the person has received an Adult Use Dispensing Organization
License issued by the Department pursuant to Section 15-36 of
this Act.
(g) The Department shall conduct a background check of the
prospective organization agents in order to carry out this
Article. The Illinois State Police shall charge the applicant
a fee for conducting the criminal history record check, which
shall be deposited into the State Police Services Fund and
shall not exceed the actual cost of the record check. Each
person applying as a dispensing organization agent shall
submit a full set of fingerprints to the Illinois State Police
for the purpose of obtaining a State and federal criminal
records check. These fingerprints shall be checked against the
fingerprint records now and hereafter, to the extent allowed
by law, filed in the Illinois State Police and Federal Bureau
of Identification criminal history records databases. The

Illinois State Police shall furnish, following positive
identification, all Illinois conviction information to the
Department.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-13-21.)
(410 ILCS 705/15-30)
Sec. 15-30. Selection criteria for conditional licenses
awarded under Section 15-25.
(a) Applicants for a Conditional Adult Use Dispensing
Organization License must submit all required information,
including the information required in Section 15-25, to the
Department. Failure by an applicant to submit all required
information may result in the application being disqualified.
(b) If the Department receives an application that fails
to provide the required elements contained in this Section,
the Department shall issue a deficiency notice to the
applicant. The applicant shall have 10 calendar days from the
date of the deficiency notice to resubmit the incomplete
information. Applications that are still incomplete after this
opportunity to cure will not be scored and will be
disqualified.
(c) The Department will award up to 250 points to complete
applications based on the sufficiency of the applicant's
responses to required information. Applicants will be awarded

points based on a determination that the application
satisfactorily includes the following elements:
(1) Suitability of Employee Training Plan (15 points).
The plan includes an employee training plan that
demonstrates that employees will understand the rules and
laws to be followed by dispensary employees, have
knowledge of any security measures and operating
procedures of the dispensary, and are able to advise
purchasers on how to safely consume cannabis and use
individual products offered by the dispensary.
(2) Security and Recordkeeping (65 points).
(A) The security plan accounts for the prevention
of the theft or diversion of cannabis. The security
plan demonstrates safety procedures for dispensing
organization agents and purchasers, and safe delivery
and storage of cannabis and currency. It demonstrates
compliance with all security requirements in this Act
and rules.
(B) A plan for recordkeeping, tracking, and
monitoring inventory, quality control, and other
policies and procedures that will promote standard
recordkeeping and discourage unlawful activity. This
plan includes the applicant's strategy to communicate
with the Department and the Illinois State Police on
the destruction and disposal of cannabis. The plan
must also demonstrate compliance with this Act and

rules.
(C) The security plan shall also detail which
private security contractor licensed under Section
10-5 of the Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of
2004 the dispensary will contract with in order to
provide adequate security at its facility.
(3) Applicant's Business Plan, Financials, Operating
and Floor Plan (65 points).
(A) The business plan shall describe, at a
minimum, how the dispensing organization will be
managed on a long-term basis. This shall include a
description of the dispensing organization's
point-of-sale system, purchases and denials of sale,
confidentiality, and products and services to be
offered. It will demonstrate compliance with this Act
and rules.
(B) The operating plan shall include, at a
minimum, best practices for day-to-day dispensary
operation and staffing. The operating plan may also
include information about employment practices,
including information about the percentage of
full-time employees who will be provided a living
wage.
(C) The proposed floor plan is suitable for public
access, the layout promotes safe dispensing of

cannabis, is compliant with the Americans with
Disabilities Act and the Environmental Barriers Act,
and facilitates safe product handling and storage.
(4) Knowledge and Experience (30 points).
(A) The applicant's principal officers must
demonstrate experience and qualifications in business
management or experience with the cannabis industry.
This includes ensuring optimal safety and accuracy in
the dispensing and sale of cannabis.
(B) The applicant's principal officers must
demonstrate knowledge of various cannabis product
strains or varieties and describe the types and
quantities of products planned to be sold. This
includes confirmation of whether the dispensing
organization plans to sell cannabis paraphernalia or
edibles.
(C) Knowledge and experience may be demonstrated
through experience in other comparable industries that
reflect on the applicant's ability to operate a
cannabis business establishment.
(5) Status as a Social Equity Applicant (50 points).
The applicant meets the qualifications for a Social Equity
Applicant as set forth in this Act.
(6) Labor and employment practices (5 points). : The
applicant may describe plans to provide a safe, healthy,
and economically beneficial working environment for its

agents, including, but not limited to, codes of conduct,
health care benefits, educational benefits, retirement
benefits, living wage standards, and entering a labor
peace agreement with employees.
(7) Environmental Plan (5 points). : The applicant may
demonstrate an environmental plan of action to minimize
the carbon footprint, environmental impact, and resource
needs for the dispensary, which may include, without
limitation, recycling cannabis product packaging.
(8) Illinois owner (5 points). : The applicant is 51%
or more owned and controlled by an Illinois resident, who
can prove residency in each of the past 5 years with tax
records or 2 of the following:
(A) a signed lease agreement that includes the
applicant's name;
(B) a property deed that includes the applicant's
name;
(C) school records;
(D) a voter registration card;
(E) an Illinois driver's license, an Illinois
Identification Card, or an Illinois Person with a
Disability Identification Card;
(F) a paycheck stub;
(G) a utility bill; or
(H) any other proof of residency or other
information necessary to establish residence as

provided by rule.
(9) Status as veteran (5 points). : The applicant is
51% or more controlled and owned by an individual or
individuals who meet the qualifications of a veteran as
defined by Section 45-57 of the Illinois Procurement Code.
(10) A diversity plan (5 points). The plan : that
includes a narrative of not more than 2,500 words that
establishes a goal of diversity in ownership, management,
employment, and contracting to ensure that diverse
participants and groups are afforded equality of
opportunity.
(d) The Department may also award up to 2 bonus points for
a plan to engage with the community. The applicant may
demonstrate a desire to engage with its community by
participating in one or more of, but not limited to, the
following actions: (i) establishment of an incubator program
designed to increase participation in the cannabis industry by
persons who would qualify as Social Equity Applicants; (ii)
providing financial assistance to substance abuse treatment
centers; (iii) educating children and teens about the
potential harms of cannabis use; or (iv) other measures
demonstrating a commitment to the applicant's community. Bonus
points will only be awarded if the Department receives
applications that receive an equal score for a particular
region.
(e) The Department may verify information contained in

each application and accompanying documentation to assess the
applicant's veracity and fitness to operate a dispensing
organization.
(f) The Department may, in its discretion, refuse to issue
an authorization to any applicant:
(1) Who is unqualified to perform the duties required
of the applicant;
(2) Who fails to disclose or states falsely any
information called for in the application;
(3) Who has been found guilty of a violation of this
Act, who has had any disciplinary order entered against it
by the Department, who has entered into a disciplinary or
nondisciplinary agreement with the Department, or whose
medical cannabis dispensing organization, medical cannabis
cultivation organization, or Early Approval Adult Use
Dispensing Organization License, or Early Approval Adult
Use Dispensing Organization License at a secondary site,
or Early Approval Cultivation Center License was
suspended, restricted, revoked, or denied for just cause,
or the applicant's cannabis business establishment license
was suspended, restricted, revoked, or denied in any other
state; or
(4) Who has engaged in a pattern or practice of unfair
or illegal practices, methods, or activities in the
conduct of owning a cannabis business establishment or
other business.

(g) The Department shall deny the license if any principal
officer, board member, or person having a financial or voting
interest of 5% or greater in the licensee is delinquent in
filing any required tax returns or paying any amounts owed to
the State of Illinois.
(h) The Department shall verify an applicant's compliance
with the requirements of this Article and rules before issuing
a dispensing organization license.
(i) Should the applicant be awarded a license, the
information and plans provided in the application, including
any plans submitted for bonus points, shall become a condition
of the Conditional Adult Use Dispensing Organization Licenses
and any Adult Use Dispensing Organization License issued to
the holder of the Conditional Adult Use Dispensing
Organization License, except as otherwise provided by this Act
or rule. Dispensing organizations have a duty to disclose any
material changes to the application. The Department shall
review all material changes disclosed by the dispensing
organization, and may re-evaluate its prior decision regarding
the awarding of a license, including, but not limited to,
suspending or permanently revoking a license. Failure to
comply with the conditions or requirements in the application
may subject the dispensing organization to discipline, up to
and including suspension or permanent revocation of its
authorization or license by the Department.
(j) If an applicant has not begun operating as a

dispensing organization within one year of the issuance of the
Conditional Adult Use Dispensing Organization License, the
Department may permanently revoke the Conditional Adult Use
Dispensing Organization License and award it to the next
highest scoring applicant in the BLS Region if a suitable
applicant indicates a continued interest in the license or
begin a new selection process to award a Conditional Adult Use
Dispensing Organization License.
(k) The Department shall deny an application if granting
that application would result in a single person or entity
having a direct or indirect financial interest in more than 10
Early Approval Adult Use Dispensing Organization Licenses,
Conditional Adult Use Dispensing Organization Licenses, or
Adult Use Dispensing Organization Licenses. Any entity that is
awarded a license that results in a single person or entity
having a direct or indirect financial interest in more than 10
licenses shall forfeit the most recently issued license and
suffer a penalty to be determined by the Department, unless
the entity declines the license at the time it is awarded.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-13-21.)
(410 ILCS 705/15-40)
Sec. 15-40. Dispensing organization agent identification
card; agent training.

(a) The Department shall:
(1) verify the information contained in an application
or renewal for a dispensing organization agent
identification card submitted under this Article, and
approve or deny an application or renewal, within 30 days
of receiving a completed application or renewal
application and all supporting documentation required by
rule;
(2) issue a dispensing organization agent
identification card to a qualifying agent within 15
business days of approving the application or renewal;
(3) enter the registry identification number of the
dispensing organization where the agent works;
(4) within one year from the effective date of this
Act, allow for an electronic application process and
provide a confirmation by electronic or other methods that
an application has been submitted; and
(5) collect a $100 nonrefundable fee from the
applicant to be deposited into the Cannabis Regulation
Fund.
(b) A dispensing organization agent must keep his or her
identification card visible at all times when in the
dispensary.
(c) The dispensing organization agent identification cards
shall contain the following:
(1) the name of the cardholder;

(2) the date of issuance and expiration date of the
dispensing organization agent identification cards;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters that is unique to the cardholder; and
(4) a photograph of the cardholder.
(d) The dispensing organization agent identification cards
shall be immediately returned to the dispensing organization
upon termination of employment.
(e) The Department shall not issue an agent identification
card if the applicant is delinquent in filing any required tax
returns or paying any amounts owed to the State of Illinois.
(f) Any card lost by a dispensing organization agent shall
be reported to the Illinois State Police and the Department
immediately upon discovery of the loss.
(g) An applicant shall be denied a dispensing organization
agent identification card renewal if he or she fails to
complete the training provided for in this Section.
(h) A dispensing organization agent shall only be required
to hold one card for the same employer regardless of what type
of dispensing organization license the employer holds.
(i) Cannabis retail sales training requirements.
(1) Within 90 days of September 1, 2019, or 90 days of
employment, whichever is later, all owners, managers,
employees, and agents involved in the handling or sale of
cannabis or cannabis-infused product employed by an adult

use dispensing organization or medical cannabis dispensing
organization as defined in Section 10 of the Compassionate
Use of Medical Cannabis Program Act shall attend and
successfully complete a Responsible Vendor Program.
(2) Each owner, manager, employee, and agent of an
adult use dispensing organization or medical cannabis
dispensing organization shall successfully complete the
program annually.
(3) Responsible Vendor Program Training modules shall
include at least 2 hours of instruction time approved by
the Department including:
(i) Health and safety concerns of cannabis use,
including the responsible use of cannabis, its
physical effects, onset of physiological effects,
recognizing signs of impairment, and appropriate
responses in the event of overconsumption.
(ii) Training on laws and regulations on driving
while under the influence and operating a watercraft
or snowmobile while under the influence.
(iii) Sales to minors prohibition. Training shall
cover all relevant Illinois laws and rules.
(iv) Quantity limitations on sales to purchasers.
Training shall cover all relevant Illinois laws and
rules.
(v) Acceptable forms of identification. Training
shall include:

(I) How to check identification; and
(II) Common mistakes made in verification;
(vi) Safe storage of cannabis;
(vii) Compliance with all inventory tracking
system regulations;
(viii) Waste handling, management, and disposal;
(ix) Health and safety standards;
(x) Maintenance of records;
(xi) Security and surveillance requirements;
(xii) Permitting inspections by State and local
licensing and enforcement authorities;
(xiii) Privacy issues;
(xiv) Packaging and labeling requirement for sales
to purchasers; and
(xv) Other areas as determined by rule.
(j) Blank.
(k) Upon the successful completion of the Responsible
Vendor Program, the provider shall deliver proof of completion
either through mail or electronic communication to the
dispensing organization, which shall retain a copy of the
certificate.
(l) The license of a dispensing organization or medical
cannabis dispensing organization whose owners, managers,
employees, or agents fail to comply with this Section may be
suspended or permanently revoked under Section 15-145 or may
face other disciplinary action.

(m) The regulation of dispensing organization and medical
cannabis dispensing employer and employee training is an
exclusive function of the State, and regulation by a unit of
local government, including a home rule unit, is prohibited.
This subsection (m) is a denial and limitation of home rule
powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(n) Persons seeking Department approval to offer the
training required by paragraph (3) of subsection (i) may apply
for such approval between August 1 and August 15 of each
odd-numbered year in a manner prescribed by the Department.
(o) Persons seeking Department approval to offer the
training required by paragraph (3) of subsection (i) shall
submit a nonrefundable application fee of $2,000 to be
deposited into the Cannabis Regulation Fund or a fee as may be
set by rule. Any changes made to the training module shall be
approved by the Department.
(p) The Department shall not unreasonably deny approval of
a training module that meets all the requirements of paragraph
(3) of subsection (i). A denial of approval shall include a
detailed description of the reasons for the denial.
(q) Any person approved to provide the training required
by paragraph (3) of subsection (i) shall submit an application
for re-approval between August 1 and August 15 of each
odd-numbered year and include a nonrefundable application fee
of $2,000 to be deposited into the Cannabis Regulation Fund or

a fee as may be set by rule.
(r) All persons applying to become or renewing their
registrations to be agents, including agents-in-charge and
principal officers, shall disclose any disciplinary action
taken against them that may have occurred in Illinois, another
state, or another country in relation to their employment at a
cannabis business establishment or at any cannabis cultivation
center, processor, infuser, dispensary, or other cannabis
business establishment.
(s) An agent applicant may begin employment at a
dispensing organization while the agent applicant's
identification card application is pending. Upon approval, the
Department shall issue the agent's identification card to the
agent. If denied, the dispensing organization and the agent
applicant shall be notified and the agent applicant must cease
all activity at the dispensing organization immediately.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-12-21.)
(410 ILCS 705/15-135)
Sec. 15-135. Investigations.
(a) Dispensing organizations are subject to random and
unannounced dispensary inspections and cannabis testing by the
Department, the Illinois State Police, local law enforcement,
or as provided by rule.

(b) The Department and its authorized representatives may
enter any place, including a vehicle, in which cannabis is
held, stored, dispensed, sold, produced, delivered,
transported, manufactured, or disposed of and inspect, in a
reasonable manner, the place and all pertinent equipment,
containers and labeling, and all things including records,
files, financial data, sales data, shipping data, pricing
data, personnel data, research, papers, processes, controls,
and facility, and inventory any stock of cannabis and obtain
samples of any cannabis or cannabis-infused product, any
labels or containers for cannabis, or paraphernalia.
(c) The Department may conduct an investigation of an
applicant, application, dispensing organization, principal
officer, dispensary agent, third party vendor, or any other
party associated with a dispensing organization for an alleged
violation of this Act or rules or to determine qualifications
to be granted a registration by the Department.
(d) The Department may require an applicant or holder of
any license issued pursuant to this Article to produce
documents, records, or any other material pertinent to the
investigation of an application or alleged violations of this
Act or rules. Failure to provide the required material may be
grounds for denial or discipline.
(e) Every person charged with preparation, obtaining, or
keeping records, logs, reports, or other documents in
connection with this Act and rules and every person in charge,

or having custody, of those documents shall, upon request by
the Department, make the documents immediately available for
inspection and copying by the Department, the Department's
authorized representative, or others authorized by law to
review the documents.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; revised 10-12-21.)
(410 ILCS 705/20-30)
Sec. 20-30. Cultivation center requirements; prohibitions.
(a) The operating documents of a cultivation center shall
include procedures for the oversight of the cultivation
center, a cannabis plant monitoring system including a
physical inventory recorded weekly, accurate recordkeeping,
and a staffing plan.
(b) A cultivation center shall implement a security plan
reviewed by the Illinois State Police that includes, but is
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, 24-hour
surveillance system to monitor the interior and exterior of
the cultivation center facility and accessibility to
authorized law enforcement, the Department of Public Health
where processing takes place, and the Department of
Agriculture in real time.
(c) All cultivation of cannabis by a cultivation center
must take place in an enclosed, locked facility at the

physical address provided to the Department of Agriculture
during the licensing process. The cultivation center location
shall only be accessed by the agents working for the
cultivation center, the Department of Agriculture staff
performing inspections, the Department of Public Health staff
performing inspections, local and State law enforcement or
other emergency personnel, contractors working on jobs
unrelated to cannabis, such as installing or maintaining
security devices or performing electrical wiring, transporting
organization agents as provided in this Act, individuals in a
mentoring or educational program approved by the State, or
other individuals as provided by rule.
(d) A cultivation center may not sell or distribute any
cannabis or cannabis-infused products to any person other than
a dispensing organization, craft grower, infuser organization,
transporter, or as otherwise authorized by rule.
(e) A cultivation center may not either directly or
indirectly discriminate in price between different dispensing
organizations, craft growers, or infuser organizations that
are purchasing a like grade, strain, brand, and quality of
cannabis or cannabis-infused product. Nothing in this
subsection (e) prevents a cultivation center from pricing
cannabis differently based on differences in the cost of
manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(f) All cannabis harvested by a cultivation center and

intended for distribution to a dispensing organization must be
entered into a data collection system, packaged and labeled
under Section 55-21, and placed into a cannabis container for
transport. All cannabis harvested by a cultivation center and
intended for distribution to a craft grower or infuser
organization must be packaged in a labeled cannabis container
and entered into a data collection system before transport.
(g) Cultivation centers are subject to random inspections
by the Department of Agriculture, the Department of Public
Health, local safety or health inspectors, the Illinois State
Police, or as provided by rule.
(h) A cultivation center agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone or in person, or by
written or electronic communication.
(i) A cultivation center shall comply with all State and
any applicable federal rules and regulations regarding the use
of pesticides on cannabis plants.
(j) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 cultivation centers licensed under this Article.
Further, no person or entity that is employed by, an agent of,
has a contract to receive payment in any form from a
cultivation center, is a principal officer of a cultivation
center, or entity controlled by or affiliated with a principal

officer of a cultivation shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, in
a cultivation that would result in the person or entity owning
or controlling in combination with any cultivation center,
principal officer of a cultivation center, or entity
controlled or affiliated with a principal officer of a
cultivation center by which he, she, or it is employed, is an
agent of, or participates in the management of, more than 3
cultivation center licenses.
(k) A cultivation center may not contain more than 210,000
square feet of canopy space for plants in the flowering stage
for cultivation of adult use cannabis as provided in this Act.
(l) A cultivation center may process cannabis, cannabis
concentrates, and cannabis-infused products.
(m) Beginning July 1, 2020, a cultivation center shall not
transport cannabis or cannabis-infused products to a craft
grower, dispensing organization, infuser organization, or
laboratory licensed under this Act, unless it has obtained a
transporting organization license.
(n) It is unlawful for any person having a cultivation
center license or any officer, associate, member,
representative, or agent of such licensee to offer or deliver
money, or anything else of value, directly or indirectly to
any person having an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization

License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any person connected with or in any way
representing, or to any member of the family of, such person
holding an Early Approval Adult Use Dispensing Organization
License, a Conditional Adult Use Dispensing Organization
License, an Adult Use Dispensing Organization License, or a
medical cannabis dispensing organization license issued under
the Compassionate Use of Medical Cannabis Program Act, or to
any stockholders in any corporation engaged in the retail sale
of cannabis, or to any officer, manager, agent, or
representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(o) A cultivation center must comply with any other
requirements or prohibitions set by administrative rule of the
Department of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised 11-9-21.)

(410 ILCS 705/25-30)
(Section scheduled to be repealed on July 1, 2026)
Sec. 25-30. Inspection rights.
(a) A licensee's enclosed, locked facilities are subject
to random inspections by the Department, the Illinois State
Police, or as provided by rule.
(b) Nothing in this Section shall be construed to give the
Department, the Illinois State Police, or any other entity
identified by rule under subsection (a) a right of inspection
or access to any location on the licensee's premises beyond
the facilities licensed under this Article.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; revised 10-21-21.)
(410 ILCS 705/25-35)
(Section scheduled to be repealed on July 1, 2026)
Sec. 25-35. Community College Cannabis Vocational Training
Pilot Program faculty participant agent identification card.
(a) The Department shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Article and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent

identification card submitted under this Article, and
approve or deny an application within 30 days of receiving
a completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the community college
where the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. Each Department may by rule require prospective
agents to file their applications by electronic means and
to provide notices to the agents by electronic means.
(b) An agent must keep his or her identification card
visible at all times when in the enclosed, locked facility, or
facilities for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters that is unique to the holder;

(4) a photograph of the cardholder; and
(5) the legal name of the community college employing
the agent.
(d) An agent identification card shall be immediately
returned to the community college of the agent upon
termination of his or her employment.
(e) Any agent identification card lost shall be reported
to the Illinois State Police and the Department of Agriculture
immediately upon discovery of the loss.
(f) An agent applicant may begin employment at a Community
College Cannabis Vocational Training Pilot Program while the
agent applicant's identification card application is pending.
Upon approval, the Department shall issue the agent's
identification card to the agent. If denied, the Community
College Cannabis Vocational Training Pilot Program and the
agent applicant shall be notified and the agent applicant must
cease all activity at the Community College Cannabis
Vocational Training Pilot Program immediately.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; revised 10-21-21.)
(410 ILCS 705/30-30)
Sec. 30-30. Craft grower requirements; prohibitions.
(a) The operating documents of a craft grower shall
include procedures for the oversight of the craft grower, a
cannabis plant monitoring system including a physical

inventory recorded weekly, accurate recordkeeping, and a
staffing plan.
(b) A craft grower shall implement a security plan
reviewed by the Illinois State Police that includes, but is
not limited to: facility access controls, perimeter intrusion
detection systems, personnel identification systems, and a
24-hour surveillance system to monitor the interior and
exterior of the craft grower facility and that is accessible
to authorized law enforcement and the Department of
Agriculture in real time.
(c) All cultivation of cannabis by a craft grower must
take place in an enclosed, locked facility at the physical
address provided to the Department of Agriculture during the
licensing process. The craft grower location shall only be
accessed by the agents working for the craft grower, the
Department of Agriculture staff performing inspections, the
Department of Public Health staff performing inspections,
State and local law enforcement or other emergency personnel,
contractors working on jobs unrelated to cannabis, such as
installing or maintaining security devices or performing
electrical wiring, transporting organization agents as
provided in this Act, or participants in the incubator
program, individuals in a mentoring or educational program
approved by the State, or other individuals as provided by
rule. However, if a craft grower shares a premises with an
infuser or dispensing organization, agents from those other

licensees may access the craft grower portion of the premises
if that is the location of common bathrooms, lunchrooms,
locker rooms, or other areas of the building where work or
cultivation of cannabis is not performed. At no time may an
infuser or dispensing organization agent perform work at a
craft grower without being a registered agent of the craft
grower.
(d) A craft grower may not sell or distribute any cannabis
to any person other than a cultivation center, a craft grower,
an infuser organization, a dispensing organization, or as
otherwise authorized by rule.
(e) A craft grower may not be located in an area zoned for
residential use.
(f) A craft grower may not either directly or indirectly
discriminate in price between different cannabis business
establishments that are purchasing a like grade, strain,
brand, and quality of cannabis or cannabis-infused product.
Nothing in this subsection (f) prevents a craft grower from
pricing cannabis differently based on differences in the cost
of manufacturing or processing, the quantities sold, such as
volume discounts, or the way the products are delivered.
(g) All cannabis harvested by a craft grower and intended
for distribution to a dispensing organization must be entered
into a data collection system, packaged and labeled under
Section 55-21, and, if distribution is to a dispensing
organization that does not share a premises with the

dispensing organization receiving the cannabis, placed into a
cannabis container for transport. All cannabis harvested by a
craft grower and intended for distribution to a cultivation
center, to an infuser organization, or to a craft grower with
which it does not share a premises, must be packaged in a
labeled cannabis container and entered into a data collection
system before transport.
(h) Craft growers are subject to random inspections by the
Department of Agriculture, local safety or health inspectors,
the Illinois State Police, or as provided by rule.
(i) A craft grower agent shall notify local law
enforcement, the Illinois State Police, and the Department of
Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone, in person, or
written or electronic communication.
(j) A craft grower shall comply with all State and any
applicable federal rules and regulations regarding the use of
pesticides.
(k) A craft grower or craft grower agent shall not
transport cannabis or cannabis-infused products to any other
cannabis business establishment without a transport
organization license unless:
(i) If the craft grower is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis is within 2,000 feet
of the property line of the craft grower;

(ii) If the craft grower is located in a county with a
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
is within 2 miles of the craft grower; or
(iii) If the craft grower is located in a county with a
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis is within 15 miles of
the craft grower.
(l) A craft grower may enter into a contract with a
transporting organization to transport cannabis to a
cultivation center, a craft grower, an infuser organization, a
dispensing organization, or a laboratory.
(m) No person or entity shall hold any legal, equitable,
ownership, or beneficial interest, directly or indirectly, of
more than 3 craft grower licenses. Further, no person or
entity that is employed by, an agent of, or has a contract to
receive payment from or participate in the management of a
craft grower, is a principal officer of a craft grower, or
entity controlled by or affiliated with a principal officer of
a craft grower shall hold any legal, equitable, ownership, or
beneficial interest, directly or indirectly, in a craft grower
license that would result in the person or entity owning or
controlling in combination with any craft grower, principal
officer of a craft grower, or entity controlled or affiliated
with a principal officer of a craft grower by which he, she, or
it is employed, is an agent of, or participates in the

management of more than 3 craft grower licenses.
(n) It is unlawful for any person having a craft grower
license or any officer, associate, member, representative, or
agent of the licensee to offer or deliver money, or anything
else of value, directly or indirectly, to any person having an
Early Approval Adult Use Dispensing Organization License, a
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act, or to any
person connected with or in any way representing, or to any
member of the family of, the person holding an Early Approval
Adult Use Dispensing Organization License, a Conditional Adult
Use Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any stockholders in any
corporation engaged in the retail sale of cannabis, or to any
officer, manager, agent, or representative of the Early
Approval Adult Use Dispensing Organization License, a
Conditional Adult Use Dispensing Organization License, an
Adult Use Dispensing Organization License, or a medical
cannabis dispensing organization license issued under the
Compassionate Use of Medical Cannabis Program Act to obtain
preferential placement within the dispensing organization,
including, without limitation, on shelves and in display cases

where purchasers can view products, or on the dispensing
organization's website.
(o) A craft grower shall not be located within 1,500 feet
of another craft grower or a cultivation center.
(p) A craft grower may process cannabis, cannabis
concentrates, and cannabis-infused products.
(q) A craft grower must comply with any other requirements
or prohibitions set by administrative rule of the Department
of Agriculture.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-21-21.)
(410 ILCS 705/35-25)
Sec. 35-25. Infuser organization requirements;
prohibitions.
(a) The operating documents of an infuser shall include
procedures for the oversight of the infuser, an inventory
monitoring system including a physical inventory recorded
weekly, accurate recordkeeping, and a staffing plan.
(b) An infuser shall implement a security plan reviewed by
the Illinois State Police that includes, but is not limited
to: facility access controls, perimeter intrusion detection
systems, personnel identification systems, and a 24-hour
surveillance system to monitor the interior and exterior of
the infuser facility and that is accessible to authorized law

enforcement, the Department of Public Health, and the
Department of Agriculture in real time.
(c) All processing of cannabis by an infuser must take
place in an enclosed, locked facility at the physical address
provided to the Department of Agriculture during the licensing
process. The infuser location shall only be accessed by the
agents working for the infuser, the Department of Agriculture
staff performing inspections, the Department of Public Health
staff performing inspections, State and local law enforcement
or other emergency personnel, contractors working on jobs
unrelated to cannabis, such as installing or maintaining
security devices or performing electrical wiring, transporting
organization agents as provided in this Act, participants in
the incubator program, individuals in a mentoring or
educational program approved by the State, local safety or
health inspectors, or other individuals as provided by rule.
However, if an infuser shares a premises with a craft grower or
dispensing organization, agents from these other licensees may
access the infuser portion of the premises if that is the
location of common bathrooms, lunchrooms, locker rooms, or
other areas of the building where processing of cannabis is
not performed. At no time may a craft grower or dispensing
organization agent perform work at an infuser without being a
registered agent of the infuser.
(d) An infuser may not sell or distribute any cannabis to
any person other than a dispensing organization, or as

otherwise authorized by rule.
(e) An infuser may not either directly or indirectly
discriminate in price between different cannabis business
establishments that are purchasing a like grade, strain,
brand, and quality of cannabis or cannabis-infused product.
Nothing in this subsection (e) prevents an infuser from
pricing cannabis differently based on differences in the cost
of manufacturing or processing, the quantities sold, such
volume discounts, or the way the products are delivered.
(f) All cannabis infused by an infuser and intended for
distribution to a dispensing organization must be entered into
a data collection system, packaged and labeled under Section
55-21, and, if distribution is to a dispensing organization
that does not share a premises with the infuser, placed into a
cannabis container for transport. All cannabis produced by an
infuser and intended for distribution to a cultivation center,
infuser organization, or craft grower with which it does not
share a premises, must be packaged in a labeled cannabis
container and entered into a data collection system before
transport.
(g) Infusers are subject to random inspections by the
Department of Agriculture, the Department of Public Health,
the Illinois State Police, local law enforcement, or as
provided by rule.
(h) An infuser agent shall notify local law enforcement,
the Illinois State Police, and the Department of Agriculture

within 24 hours of the discovery of any loss or theft.
Notification shall be made by phone, in person, or by written
or electronic communication.
(i) An infuser organization may not be located in an area
zoned for residential use.
(j) An infuser or infuser agent shall not transport
cannabis or cannabis-infused products to any other cannabis
business establishment without a transport organization
license unless:
(i) If the infuser is located in a county with a
population of 3,000,000 or more, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 2,000 feet of the property line of the
infuser;
(ii) If the infuser is located in a county with a
population of more than 700,000 but fewer than 3,000,000,
the cannabis business establishment receiving the cannabis
or cannabis-infused product is within 2 miles of the
infuser; or
(iii) If the infuser is located in a county with a
population of fewer than 700,000, the cannabis business
establishment receiving the cannabis or cannabis-infused
product is within 15 miles of the infuser.
(k) An infuser may enter into a contract with a
transporting organization to transport cannabis to a
dispensing organization or a laboratory.

(l) An infuser organization may share premises with a
craft grower or a dispensing organization, or both, provided
each licensee stores currency and cannabis or cannabis-infused
products in a separate secured vault to which the other
licensee does not have access or all licensees sharing a vault
share more than 50% of the same ownership.
(m) It is unlawful for any person or entity having an
infuser organization license or any officer, associate,
member, representative or agent of such licensee to offer or
deliver money, or anything else of value, directly or
indirectly to any person having an Early Approval Adult Use
Dispensing Organization License, a Conditional Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act, or to any person connected with
or in any way representing, or to any member of the family of,
such person holding an Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act, or to any stockholders in any corporation engaged the
retail sales of cannabis, or to any officer, manager, agent,
or representative of the Early Approval Adult Use Dispensing
Organization License, a Conditional Adult Use Dispensing

Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization license
issued under the Compassionate Use of Medical Cannabis Program
Act to obtain preferential placement within the dispensing
organization, including, without limitation, on shelves and in
display cases where purchasers can view products, or on the
dispensing organization's website.
(n) At no time shall an infuser organization or an infuser
agent perform the extraction of cannabis concentrate from
cannabis flower.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-14-21.)
(410 ILCS 705/35-30)
Sec. 35-30. Infuser agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act, and approve
or deny an application within 30 days of receiving a

completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the infuser where the
agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.
(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment including the cannabis business
establishment for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters that is unique to the holder;

(4) a photograph of the cardholder; and
(5) the legal name of the infuser organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the infuser organization of the agent upon
termination of his or her employment.
(e) Any agent identification card lost by a transporting
agent shall be reported to the Illinois State Police and the
Department of Agriculture immediately upon discovery of the
loss.
(f) An agent applicant may begin employment at an infuser
organization while the agent applicant's identification card
application is pending. Upon approval, the Department shall
issue the agent's identification card to the agent. If denied,
the infuser organization and the agent applicant shall be
notified and the agent applicant must cease all activity at
the infuser organization immediately.
(Source: P.A. 101-27, eff. 6-25-19; 102-98, eff. 7-15-21;
102-538, eff. 8-20-21; revised 10-14-21.)
(410 ILCS 705/40-25)
Sec. 40-25. Transporting organization requirements;
prohibitions.
(a) The operating documents of a transporting organization
shall include procedures for the oversight of the transporter,
an inventory monitoring system including a physical inventory

recorded weekly, accurate recordkeeping, and a staffing plan.
(b) A transporting organization may not transport cannabis
or cannabis-infused products to any person other than a
cultivation center, a craft grower, an infuser organization, a
dispensing organization, a testing facility, or as otherwise
authorized by rule.
(c) All cannabis transported by a transporting
organization must be entered into a data collection system and
placed into a cannabis container for transport.
(d) Transporters are subject to random inspections by the
Department of Agriculture, the Department of Public Health,
the Illinois State Police, or as provided by rule.
(e) A transporting organization agent shall notify local
law enforcement, the Illinois State Police, and the Department
of Agriculture within 24 hours of the discovery of any loss or
theft. Notification shall be made by phone, in person, or by
written or electronic communication.
(f) No person under the age of 21 years shall be in a
commercial vehicle or trailer transporting cannabis goods.
(g) No person or individual who is not a transporting
organization agent shall be in a vehicle while transporting
cannabis goods.
(h) Transporters may not use commercial motor vehicles
with a weight rating of over 10,001 pounds.
(i) It is unlawful for any person to offer or deliver
money, or anything else of value, directly or indirectly, to

any of the following persons to obtain preferential placement
within the dispensing organization, including, without
limitation, on shelves and in display cases where purchasers
can view products, or on the dispensing organization's
website:
(1) a person having a transporting organization
license, or any officer, associate, member,
representative, or agent of the licensee;
(2) a person having an Early Applicant Adult Use
Dispensing Organization License, an Adult Use Dispensing
Organization License, or a medical cannabis dispensing
organization license issued under the Compassionate Use of
Medical Cannabis Program Act;
(3) a person connected with or in any way
representing, or a member of the family of, a person
holding an Early Applicant Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical
Cannabis Program Act; or
(4) a stockholder, officer, manager, agent, or
representative of a corporation engaged in the retail sale
of cannabis, an Early Applicant Adult Use Dispensing
Organization License, an Adult Use Dispensing Organization
License, or a medical cannabis dispensing organization
license issued under the Compassionate Use of Medical

Cannabis Program Act.
(j) A transporting organization agent must keep his or her
identification card visible at all times when on the property
of a cannabis business establishment and during the
transporting of cannabis when acting under his or her duties
as a transportation organization agent. During these times,
the transporting organization agent must also provide the
identification card upon request of any law enforcement
officer engaged in his or her official duties.
(k) A copy of the transporting organization's registration
and a manifest for the delivery shall be present in any vehicle
transporting cannabis.
(l) Cannabis shall be transported so it is not visible or
recognizable from outside the vehicle.
(m) A vehicle transporting cannabis must not bear any
markings to indicate the vehicle contains cannabis or bear the
name or logo of the cannabis business establishment.
(n) Cannabis must be transported in an enclosed, locked
storage compartment that is secured or affixed to the vehicle.
(o) The Department of Agriculture may, by rule, impose any
other requirements or prohibitions on the transportation of
cannabis.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-14-21.)

(410 ILCS 705/40-30)
Sec. 40-30. Transporting agent identification card.
(a) The Department of Agriculture shall:
(1) establish by rule the information required in an
initial application or renewal application for an agent
identification card submitted under this Act and the
nonrefundable fee to accompany the initial application or
renewal application;
(2) verify the information contained in an initial
application or renewal application for an agent
identification card submitted under this Act and approve
or deny an application within 30 days of receiving a
completed initial application or renewal application and
all supporting documentation required by rule;
(3) issue an agent identification card to a qualifying
agent within 15 business days of approving the initial
application or renewal application;
(4) enter the license number of the transporting
organization where the agent works; and
(5) allow for an electronic initial application and
renewal application process, and provide a confirmation by
electronic or other methods that an application has been
submitted. The Department of Agriculture may by rule
require prospective agents to file their applications by
electronic means and provide notices to the agents by
electronic means.

(b) An agent must keep his or her identification card
visible at all times when on the property of a cannabis
business establishment, including the cannabis business
establishment for which he or she is an agent.
(c) The agent identification cards shall contain the
following:
(1) the name of the cardholder;
(2) the date of issuance and expiration date of the
identification card;
(3) a random 10-digit alphanumeric identification
number containing at least 4 numbers and at least 4
letters that is unique to the holder;
(4) a photograph of the cardholder; and
(5) the legal name of the transporting organization
employing the agent.
(d) An agent identification card shall be immediately
returned to the transporting organization of the agent upon
termination of his or her employment.
(e) Any agent identification card lost by a transporting
agent shall be reported to the Illinois State Police and the
Department of Agriculture immediately upon discovery of the
loss.
(f) An application for an agent identification card shall
be denied if the applicant is delinquent in filing any
required tax returns or paying any amounts owed to the State of
Illinois.

(g) An agent applicant may begin employment at a
transporting organization while the agent applicant's
identification card application is pending. Upon approval, the
Department shall issue the agent's identification card to the
agent. If denied, the transporting organization and the agent
applicant shall be notified and the agent applicant must cease
all activity at the transporting organization immediately.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-14-21.)
(410 ILCS 705/55-30)
Sec. 55-30. Confidentiality.
(a) Information provided by the cannabis business
establishment licensees or applicants to the Department of
Agriculture, the Department of Public Health, the Department
of Financial and Professional Regulation, the Department of
Commerce and Economic Opportunity, or other agency shall be
limited to information necessary for the purposes of
administering this Act. The information is subject to the
provisions and limitations contained in the Freedom of
Information Act and may be disclosed in accordance with
Section 55-65.
(b) The following information received and records kept by
the Department of Agriculture, the Department of Public
Health, the Illinois State Police, and the Department of

Financial and Professional Regulation for purposes of
administering this Article are subject to all applicable
federal privacy laws, are confidential and exempt from
disclosure under the Freedom of Information Act, except as
provided in this Act, and not subject to disclosure to any
individual or public or private entity, except to the
Department of Financial and Professional Regulation, the
Department of Agriculture, the Department of Public Health,
and the Illinois State Police as necessary to perform official
duties under this Article and to the Attorney General as
necessary to enforce the provisions of this Act. The following
information received and kept by the Department of Financial
and Professional Regulation or the Department of Agriculture
may be disclosed to the Department of Public Health, the
Department of Agriculture, the Department of Revenue, the
Illinois State Police, or the Attorney General upon proper
request:
(1) Applications and renewals, their contents, and
supporting information submitted by or on behalf of
dispensing organizations, cannabis business
establishments, or Community College Cannabis Vocational
Program licensees, in compliance with this Article,
including their physical addresses; however, this does not
preclude the release of ownership information about
cannabis business establishment licenses, or information
submitted with an application required to be disclosed

pursuant to subsection (f);
(2) Any plans, procedures, policies, or other records
relating to cannabis business establishment security; and
(3) Information otherwise exempt from disclosure by
State or federal law.
Illinois or national criminal history record information,
or the nonexistence or lack of such information, may not be
disclosed by the Department of Financial and Professional
Regulation or the Department of Agriculture, except as
necessary to the Attorney General to enforce this Act.
(c) The name and address of a dispensing organization
licensed under this Act shall be subject to disclosure under
the Freedom of Information Act. The name and cannabis business
establishment address of the person or entity holding each
cannabis business establishment license shall be subject to
disclosure.
(d) All information collected by the Department of
Financial and Professional Regulation or the Department of
Agriculture in the course of an examination, inspection, or
investigation of a licensee or applicant, including, but not
limited to, any complaint against a licensee or applicant
filed with the Department of Financial and Professional
Regulation or the Department of Agriculture and information
collected to investigate any such complaint, shall be
maintained for the confidential use of the Department of
Financial and Professional Regulation or the Department of

Agriculture and shall not be disclosed, except as otherwise
provided in this Act. A formal complaint against a licensee by
the Department of Financial and Professional Regulation or the
Department of Agriculture or any disciplinary order issued by
the Department of Financial and Professional Regulation or the
Department of Agriculture against a licensee or applicant
shall be a public record, except as otherwise provided by law.
Complaints from consumers or members of the general public
received regarding a specific, named licensee or complaints
regarding conduct by unlicensed entities shall be subject to
disclosure under the Freedom of Information Act.
(e) The Department of Agriculture, the Illinois State
Police, and the Department of Financial and Professional
Regulation shall not share or disclose any Illinois or
national criminal history record information, or the
nonexistence or lack of such information, to any person or
entity not expressly authorized by this Act.
(f) Each Department responsible for licensure under this
Act shall publish on the Department's website a list of the
ownership information of cannabis business establishment
licensees under the Department's jurisdiction. The list shall
include, but is not limited to: the name of the person or
entity holding each cannabis business establishment license;
and the address at which the entity is operating under this
Act. This list shall be published and updated monthly.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;

102-98, eff. 7-15-21; 102-538, eff. 8-20-21; revised
10-14-21.)
Section 545. The Environmental Protection Act is amended
by changing Sections 3.330, 17.12, 21, 22.15, 22.59, and 39 as
follows:
(415 ILCS 5/3.330) (was 415 ILCS 5/3.32)
Sec. 3.330. Pollution control facility.
(a) "Pollution control facility" is any waste storage
site, sanitary landfill, waste disposal site, waste transfer
station, waste treatment facility, or waste incinerator. This
includes sewers, sewage treatment plants, and any other
facilities owned or operated by sanitary districts organized
under the Metropolitan Water Reclamation District Act.
The following are not pollution control facilities:
(1) (blank);
(2) waste storage sites regulated under 40 CFR, Part
761.42;
(3) sites or facilities used by any person conducting
a waste storage, waste treatment, waste disposal, waste
transfer or waste incineration operation, or a combination
thereof, for wastes generated by such person's own
activities, when such wastes are stored, treated, disposed
of, transferred or incinerated within the site or facility
owned, controlled or operated by such person, or when such

wastes are transported within or between sites or
facilities owned, controlled or operated by such person;
(4) sites or facilities at which the State is
performing removal or remedial action pursuant to Section
22.2 or 55.3;
(5) abandoned quarries used solely for the disposal of
concrete, earth materials, gravel, or aggregate debris
resulting from road construction activities conducted by a
unit of government or construction activities due to the
construction and installation of underground pipes, lines,
conduit or wires off of the premises of a public utility
company which are conducted by a public utility;
(6) sites or facilities used by any person to
specifically conduct a landscape composting operation;
(7) regional facilities as defined in the Central
Midwest Interstate Low-Level Radioactive Waste Compact;
(8) the portion of a site or facility where coal
combustion wastes are stored or disposed of in accordance
with subdivision (r)(2) or (r)(3) of Section 21;
(9) the portion of a site or facility used for the
collection, storage or processing of waste tires as
defined in Title XIV;
(10) the portion of a site or facility used for
treatment of petroleum contaminated materials by
application onto or incorporation into the soil surface
and any portion of that site or facility used for storage

of petroleum contaminated materials before treatment. Only
those categories of petroleum listed in Section 57.9(a)(3)
are exempt under this subdivision (10);
(11) the portion of a site or facility where used oil
is collected or stored prior to shipment to a recycling or
energy recovery facility, provided that the used oil is
generated by households or commercial establishments, and
the site or facility is a recycling center or a business
where oil or gasoline is sold at retail;
(11.5) processing sites or facilities that receive
only on-specification used oil, as defined in 35 Ill. Adm.
Admin. Code 739, originating from used oil collectors for
processing that is managed under 35 Ill. Adm. Admin. Code
739 to produce products for sale to off-site petroleum
facilities, if these processing sites or facilities are:
(i) located within a home rule unit of local government
with a population of at least 30,000 according to the 2000
federal census, that home rule unit of local government
has been designated as an Urban Round II Empowerment Zone
by the United States Department of Housing and Urban
Development, and that home rule unit of local government
has enacted an ordinance approving the location of the
site or facility and provided funding for the site or
facility; and (ii) in compliance with all applicable
zoning requirements;
(12) the portion of a site or facility utilizing coal

combustion waste for stabilization and treatment of only
waste generated on that site or facility when used in
connection with response actions pursuant to the federal
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, the federal Resource Conservation
and Recovery Act of 1976, or the Illinois Environmental
Protection Act or as authorized by the Agency;
(13) the portion of a site or facility regulated under
Section 22.38 of this Act;
(14) the portion of a site or facility, located within
a unit of local government that has enacted local zoning
requirements, used to accept, separate, and process
uncontaminated broken concrete, with or without protruding
metal bars, provided that the uncontaminated broken
concrete and metal bars are not speculatively accumulated,
are at the site or facility no longer than one year after
their acceptance, and are returned to the economic
mainstream in the form of raw materials or products;
(15) the portion of a site or facility located in a
county with a population over 3,000,000 that has obtained
local siting approval under Section 39.2 of this Act for a
municipal waste incinerator on or before July 1, 2005 and
that is used for a non-hazardous waste transfer station;
(16) a site or facility that temporarily holds in
transit for 10 days or less, non-putrescible solid waste
in original containers, no larger in capacity than 500

gallons, provided that such waste is further transferred
to a recycling, disposal, treatment, or storage facility
on a non-contiguous site and provided such site or
facility complies with the applicable 10-day transfer
requirements of the federal Resource Conservation and
Recovery Act of 1976 and United States Department of
Transportation hazardous material requirements. For
purposes of this Section only, "non-putrescible solid
waste" means waste other than municipal garbage that does
not rot or become putrid, including, but not limited to,
paints, solvent, filters, and absorbents;
(17) the portion of a site or facility located in a
county with a population greater than 3,000,000 that has
obtained local siting approval, under Section 39.2 of this
Act, for a municipal waste incinerator on or before July
1, 2005 and that is used for wood combustion facilities
for energy recovery that accept and burn only wood
material, as included in a fuel specification approved by
the Agency;
(18) a transfer station used exclusively for landscape
waste, including a transfer station where landscape waste
is ground to reduce its volume, where the landscape waste
is held no longer than 24 hours from the time it was
received;
(19) the portion of a site or facility that (i) is used
for the composting of food scrap, livestock waste, crop

residue, uncontaminated wood waste, or paper waste,
including, but not limited to, corrugated paper or
cardboard, and (ii) meets all of the following
requirements:
(A) There must not be more than a total of 30,000
cubic yards of livestock waste in raw form or in the
process of being composted at the site or facility at
any one time.
(B) All food scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must, by
the end of each operating day, be processed and placed
into an enclosed vessel in which air flow and
temperature are controlled, or all of the following
additional requirements must be met:
(i) The portion of the site or facility used
for the composting operation must include a
setback of at least 200 feet from the nearest
potable water supply well.
(ii) The portion of the site or facility used
for the composting operation must be located
outside the boundary of the 10-year floodplain or
floodproofed.
(iii) Except in municipalities with more than
1,000,000 inhabitants, the portion of the site or
facility used for the composting operation must be
located at least one-eighth of a mile from the

nearest residence, other than a residence located
on the same property as the site or facility.
(iv) The portion of the site or facility used
for the composting operation must be located at
least one-eighth of a mile from the property line
of all of the following areas:
(I) Facilities that primarily serve to
house or treat people that are
immunocompromised or immunosuppressed, such as
cancer or AIDS patients; people with asthma,
cystic fibrosis, or bioaerosol allergies; or
children under the age of one year.
(II) Primary and secondary schools and
adjacent areas that the schools use for
recreation.
(III) Any facility for child care licensed
under Section 3 of the Child Care Act of 1969;
preschools; and adjacent areas that the
facilities or preschools use for recreation.
(v) By the end of each operating day, all food
scrap, livestock waste, crop residue,
uncontaminated wood waste, and paper waste must be
(i) processed into windrows or other piles and
(ii) covered in a manner that prevents scavenging
by birds and animals and that prevents other
nuisances.

(C) Food scrap, livestock waste, crop residue,
uncontaminated wood waste, paper waste, and compost
must not be placed within 5 feet of the water table.
(D) The site or facility must meet all of the
requirements of the Wild and Scenic Rivers Act (16
U.S.C. 1271 et seq.).
(E) The site or facility must not (i) restrict the
flow of a 100-year flood, (ii) result in washout of
food scrap, livestock waste, crop residue,
uncontaminated wood waste, or paper waste from a
100-year flood, or (iii) reduce the temporary water
storage capacity of the 100-year floodplain, unless
measures are undertaken to provide alternative storage
capacity, such as by providing lagoons, holding tanks,
or drainage around structures at the facility.
(F) The site or facility must not be located in any
area where it may pose a threat of harm or destruction
to the features for which:
(i) an irreplaceable historic or
archaeological site has been listed under the
National Historic Preservation Act (16 U.S.C. 470
et seq.) or the Illinois Historic Preservation
Act;
(ii) a natural landmark has been designated by
the National Park Service or the Illinois State
Historic Preservation Office; or

(iii) a natural area has been designated as a
Dedicated Illinois Nature Preserve under the
Illinois Natural Areas Preservation Act.
(G) The site or facility must not be located in an
area where it may jeopardize the continued existence
of any designated endangered species, result in the
destruction or adverse modification of the critical
habitat for such species, or cause or contribute to
the taking of any endangered or threatened species of
plant, fish, or wildlife listed under the Endangered
Species Act (16 U.S.C. 1531 et seq.) or the Illinois
Endangered Species Protection Act;
(20) the portion of a site or facility that is located
entirely within a home rule unit having a population of no
less than 120,000 and no more than 135,000, according to
the 2000 federal census, and that meets all of the
following requirements:
(i) the portion of the site or facility is used
exclusively to perform testing of a thermochemical
conversion technology using only woody biomass,
collected as landscape waste within the boundaries of
the home rule unit, as the hydrocarbon feedstock for
the production of synthetic gas in accordance with
Section 39.9 of this Act;
(ii) the portion of the site or facility is in
compliance with all applicable zoning requirements;

and
(iii) a complete application for a demonstration
permit at the portion of the site or facility has been
submitted to the Agency in accordance with Section
39.9 of this Act within one year after July 27, 2010
(the effective date of Public Act 96-1314);
(21) the portion of a site or facility used to perform
limited testing of a gasification conversion technology in
accordance with Section 39.8 of this Act and for which a
complete permit application has been submitted to the
Agency prior to one year from April 9, 2010 (the effective
date of Public Act 96-887);
(22) the portion of a site or facility that is used to
incinerate only pharmaceuticals from residential sources
that are collected and transported by law enforcement
agencies under Section 17.9A of this Act;
(23) the portion of a site or facility:
(A) that is used exclusively for the transfer of
commingled landscape waste and food scrap held at the
site or facility for no longer than 24 hours after
their receipt;
(B) that is located entirely within a home rule
unit having a population of (i) not less than 100,000
and not more than 115,000 according to the 2010
federal census, (ii) not less than 5,000 and not more
than 10,000 according to the 2010 federal census, or

(iii) not less than 25,000 and not more than 30,000
according to the 2010 federal census or that is
located in the unincorporated area of a county having
a population of not less than 700,000 and not more than
705,000 according to the 2010 federal census;
(C) that is permitted, by the Agency, prior to
January 1, 2002, for the transfer of landscape waste
if located in a home rule unit or that is permitted
prior to January 1, 2008 if located in an
unincorporated area of a county; and
(D) for which a permit application is submitted to
the Agency to modify an existing permit for the
transfer of landscape waste to also include, on a
demonstration basis not to exceed 24 months each time
a permit is issued, the transfer of commingled
landscape waste and food scrap or for which a permit
application is submitted to the Agency within 6 months
of August 11, 2017 (the effective date of Public Act
100-94) this amendatory Act of the 100th General
Assembly;
(24) the portion of a municipal solid waste landfill
unit:
(A) that is located in a county having a
population of not less than 55,000 and not more than
60,000 according to the 2010 federal census;
(B) that is owned by that county;

(C) that is permitted, by the Agency, prior to
July 10, 2015 (the effective date of Public Act
99-12); and
(D) for which a permit application is submitted to
the Agency within 6 months after July 10, 2015 (the
effective date of Public Act 99-12) for the disposal
of non-hazardous special waste; and
(25) the portion of a site or facility used during a
mass animal mortality event, as defined in the Animal
Mortality Act, where such waste is collected, stored,
processed, disposed, or incinerated under a mass animal
mortality event plan issued by the Department of
Agriculture.
(b) A new pollution control facility is:
(1) a pollution control facility initially permitted
for development or construction after July 1, 1981; or
(2) the area of expansion beyond the boundary of a
currently permitted pollution control facility; or
(3) a permitted pollution control facility requesting
approval to store, dispose of, transfer or incinerate, for
the first time, any special or hazardous waste.
(Source: P.A. 102-216, eff. 1-1-22; 102-310, eff. 8-6-21;
revised 9-22-21.)
(415 ILCS 5/17.12)
Sec. 17.12. Lead service line replacement and

notification.
(a) The purpose of this Act is to: (1) require the owners
and operators of community water supplies to develop,
implement, and maintain a comprehensive water service line
material inventory and a comprehensive lead service line
replacement plan, provide notice to occupants of potentially
affected buildings before any construction or repair work on
water mains or lead service lines, and request access to
potentially affected buildings before replacing lead service
lines; and (2) prohibit partial lead service line
replacements, except as authorized within this Section.
(b) The General Assembly finds and declares that:
(1) There is no safe level of exposure to heavy metal
lead, as found by the United States Environmental
Protection Agency and the Centers for Disease Control and
Prevention.
(2) Lead service lines can convey this harmful
substance to the drinking water supply.
(3) According to the Illinois Environmental Protection
Agency's 2018 Service Line Material Inventory, the State
of Illinois is estimated to have over 680,000 lead-based
service lines still in operation.
(4) The true number of lead service lines is not fully
known because Illinois lacks an adequate inventory of lead
service lines.
(5) For the general health, safety and welfare of its

residents, all lead service lines in Illinois should be
disconnected from the drinking water supply, and the
State's drinking water supply.
(c) In this Section:
"Advisory Board" means the Lead Service Line Replacement
Advisory Board created under subsection (x).
"Community water supply" has the meaning ascribed to it in
Section 3.145 of this Act.
"Department" means the Department of Public Health.
"Emergency repair" means any unscheduled water main, water
service, or water valve repair or replacement that results
from failure or accident.
"Fund" means the Lead Service Line Replacement Fund
created under subsection (bb).
"Lead service line" means a service line made of lead or
service line connected to a lead pigtail, lead gooseneck, or
other lead fitting.
"Material inventory" means a water service line material
inventory developed by a community water supply under this
Act.
"Non-community Noncommunity water supply" has the meaning
ascribed to it in Section 3.145 of the Environmental
Protection Act.
"NSF/ANSI Standard" means a water treatment standard
developed by NSF International.
"Partial lead service line replacement" means replacement

of only a portion of a lead service line.
"Potentially affected building" means any building that is
provided water service through a service line that is either a
lead service line or a suspected lead service line.
"Public water supply" has the meaning ascribed to it in
Section 3.365 of this Act.
"Service line" means the piping, tubing, and necessary
appurtenances acting as a conduit from the water main or
source of potable water supply to the building plumbing at the
first shut-off valve or 18 inches inside the building,
whichever is shorter.
"Suspected lead service line" means a service line that a
community water supply finds more likely than not to be made of
lead after completing the requirements under paragraphs (2)
through (5) of subsection (h).
"Small system" means a community water supply that
regularly serves water to 3,300 or fewer persons.
(d) An owner or operator of a community water supply
shall:
(1) develop an initial material inventory by April 15,
2022 and electronically submit by April 15, 2023 an
updated material inventory electronically to the Agency;
and
(2) deliver a complete material inventory to the
Agency no later than April 15, 2024, or such time as
required by federal law, whichever is sooner. The complete

inventory shall report the composition of all service
lines in the community water supply's distribution system.
(e) The Agency shall review and approve the final material
inventory submitted to it under subsection (d).
(f) If a community water supply does not submit a complete
inventory to the Agency by April 15, 2024 under paragraph (2)
of subsection (d), the community water supply may apply for an
extension to the Agency no less than 3 months prior to the due
date. The Agency shall develop criteria for granting material
inventory extensions. When considering requests for extension,
the Agency shall, at a minimum, consider:
(1) the number of service connections in a water
supply; and
(2) the number of service lines of an unknown material
composition.
(g) A material inventory prepared for a community water
supply under subsection (d) shall identify:
(1) the total number of service lines connected to the
community water supply's distribution system;
(2) the materials of construction of each service line
connected to the community water supply's distribution
system;
(3) the number of suspected lead service lines that
were newly identified in the material inventory for the
community water supply after the community water supply
last submitted a service line inventory to the Agency; and

(4) the number of suspected or known lead service
lines that were replaced after the community water supply
last submitted a service line inventory to the Agency, and
the material of the service line that replaced each lead
service line.
When identifying the materials of construction under
paragraph (2) of this subsection, the owner or operator of the
community water supply shall to the best of the owner's or
operator's ability identify the type of construction material
used on the customer's side of the curb box, meter, or other
line of demarcation and the community water supply's side of
the curb box, meter, or other line of demarcation.
(h) In completing a material inventory under subsection
(d), the owner or operator of a community water supply shall:
(1) prioritize inspections of high-risk areas
identified by the community water supply and inspections
of high-risk facilities, such as preschools, day care
centers, day care homes, group day care homes, parks,
playgrounds, hospitals, and clinics, and confirm service
line materials in those areas and at those facilities;
(2) review historical documentation, such as
construction logs or cards, as-built drawings, purchase
orders, and subdivision plans, to determine service line
material construction;
(3) when conducting distribution system maintenance,
visually inspect service lines and document materials of

construction;
(4) identify any time period when the service lines
being connected to its distribution system were primarily
lead service lines, if such a time period is known or
suspected; and
(5) discuss service line repair and installation with
its employees, contractors, plumbers, other workers who
worked on service lines connected to its distribution
system, or all of the above.
(i) The owner or operator of each community water supply
shall maintain records of persons who refuse to grant access
to the interior of a building for purposes of identifying the
materials of construction of a service line. If a community
water supply has been denied access on the property or to the
interior of a building for that reason, then the community
water supply shall attempt to identify the service line as a
suspected lead service line, unless documentation is provided
showing otherwise.
(j) If a community water supply identifies a lead service
line connected to a building, the owner or operator of the
community water supply shall attempt to notify the owner of
the building and all occupants of the building of the
existence of the lead service line within 15 days after
identifying the lead service line, or as soon as is reasonably
possible thereafter. Individual written notice shall be given
according to the provisions of subsection (jj).

(k) An owner or operator of a community water supply has no
duty to include in the material inventory required under
subsection (d) information about service lines that are
physically disconnected from a water main in its distribution
system.
(l) The owner or operator of each community water supply
shall post on its website a copy of the most recently submitted
material inventory or alternatively may request that the
Agency post a copy of that material inventory on the Agency's
website.
(m) Nothing in this Section shall be construed to require
service lines to be unearthed for the sole purpose of
inventorying.
(n) When an owner or operator of a community water supply
awards a contract under this Section, the owner or operator
shall make a good faith effort to use contractors and vendors
owned by minority persons, women, and persons with a
disability, as those terms are defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons with
Disabilities Act, for not less than 20% of the total
contracts, provided that:
(1) contracts representing at least 11% of the total
projects shall be awarded to minority-owned businesses, as
defined in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act;
(2) contracts representing at least 7% of the total

projects shall be awarded to women-owned businesses, as
defined in Section 2 of the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act; and
(3) contracts representing at least 2% of the total
projects shall be awarded to businesses owned by persons
with a disability.
Owners or operators of a community water supply are
encouraged to divide projects, whenever economically feasible,
into contracts of smaller size that ensure small business
contractors or vendors shall have the ability to qualify in
the applicable bidding process, when determining the ability
to deliver on a given contract based on scope and size, as a
responsible and responsive bidder.
When a contractor or vendor submits a bid or letter of
intent in response to a request for proposal or other bid
submission, the contractor or vendor shall include with its
responsive documents a utilization plan that shall address how
compliance with applicable good faith requirements set forth
in this subsection shall be addressed.
Under this subsection, "good faith effort" means a
community water supply has taken all necessary steps to comply
with the goals of this subsection by complying with the
following:
(1) Soliciting through reasonable and available means
the interest of a business, as defined in Section 2 of the
Business Enterprise for Minorities, Women, and Persons

with Disabilities Act, that have the capability to perform
the work of the contract. The community water supply must
solicit this interest within sufficient time to allow
certified businesses to respond.
(2) Providing interested certified businesses with
adequate information about the plans, specifications, and
requirements of the contract, including addenda, in a
timely manner to assist them in responding to the
solicitation.
(3) Meeting in good faith with interested certified
businesses that have submitted bids.
(4) Effectively using the services of the State,
minority or women community organizations, minority or
women contractor groups, local, State, and federal
minority or women business assistance offices, and other
organizations to provide assistance in the recruitment and
placement of certified businesses.
(5) Making efforts to use appropriate forums for
purposes of advertising subcontracting opportunities
suitable for certified businesses.
The diversity goals defined in this subsection can be met
through direct award to diverse contractors and through the
use of diverse subcontractors and diverse vendors to
contracts.
(o) An owner or operator of a community water supply shall
collect data necessary to ensure compliance with subsection

(n) no less than semi-annually and shall include progress
toward compliance of subsection (n) in the owner or operator's
report required under subsection (t-5). The report must
include data on vendor and employee diversity, including data
on the owner's or operator's implementation of subsection (n).
(p) Every owner or operator of a community water supply
that has known or suspected lead service lines shall:
(1) create a plan to:
(A) replace each lead service line connected to
its distribution system; and
(B) replace each galvanized service line connected
to its distribution system, if the galvanized service
line is or was connected downstream to lead piping;
and
(2) electronically submit, by April 15, 2024 its
initial lead service line replacement plan to the Agency;
(3) electronically submit by April 15 of each year
after 2024 until April 15, 2027 an updated lead service
line replacement plan to the Agency for review; the
updated replacement plan shall account for changes in the
number of lead service lines or unknown service lines in
the material inventory described in subsection (d);
(4) electronically submit by April 15, 2027 a complete
and final replacement plan to the Agency for approval; the
complete and final replacement plan shall account for all
known and suspected lead service lines documented in the

final material inventory described under paragraph (3) of
subsection (d); and
(5) post on its website a copy of the plan most
recently submitted to the Agency or may request that the
Agency post a copy of that plan on the Agency's website.
(q) Each plan required under paragraph (1) of subsection
(p) shall include the following:
(1) the name and identification number of the
community water supply;
(2) the total number of service lines connected to the
distribution system of the community water supply;
(3) the total number of suspected lead service lines
connected to the distribution system of the community
water supply;
(4) the total number of known lead service lines
connected to the distribution system of the community
water supply;
(5) the total number of lead service lines connected
to the distribution system of the community water supply
that have been replaced each year beginning in 2020;
(6) a proposed lead service line replacement schedule
that includes one-year, 5-year, 10-year, 15-year, 20-year,
25-year, and 30-year goals;
(7) an analysis of costs and financing options for
replacing the lead service lines connected to the
community water supply's distribution system, which shall

include, but shall not be limited to:
(A) a detailed accounting of costs associated with
replacing lead service lines and galvanized lines that
are or were connected downstream to lead piping;
(B) measures to address affordability and prevent
service shut-offs for customers or ratepayers; and
(C) consideration of different scenarios for
structuring payments between the utility and its
customers over time; and
(8) a plan for prioritizing high-risk facilities, such
as preschools, day care centers, day care homes, group day
care homes, parks, playgrounds, hospitals, and clinics, as
well as high-risk areas identified by the community water
supply;
(9) a map of the areas where lead service lines are
expected to be found and the sequence with which those
areas will be inventoried and lead service lines replaced;
(10) measures for how the community water supply will
inform the public of the plan and provide opportunity for
public comment; and
(11) measures to encourage diversity in hiring in the
workforce required to implement the plan as identified
under subsection (n).
(r) The Agency shall review final plans submitted to it
under subsection (p). The Agency shall approve a final plan if
the final plan includes all of the elements set forth under

subsection (q) and the Agency determines that:
(1) the proposed lead service line replacement
schedule set forth in the plan aligns with the timeline
requirements set forth under subsection (v);
(2) the plan prioritizes the replacement of lead
service lines that provide water service to high-risk
facilities, such as preschools, day care centers, day care
homes, group day care homes, parks, playgrounds,
hospitals, and clinics, and high-risk areas identified by
the community water supply;
(3) the plan includes analysis of cost and financing
options; and
(4) the plan provides documentation of public review.
(s) An owner or operator of a community water supply has no
duty to include in the plans required under subsection (p)
information about service lines that are physically
disconnected from a water main in its distribution system.
(t) If a community water supply does not deliver a
complete plan to the Agency by April 15, 2027, the community
water supply may apply to the Agency for an extension no less
than 3 months prior to the due date. The Agency shall develop
criteria for granting plan extensions. When considering
requests for extension, the Agency shall, at a minimum,
consider:
(1) the number of service connections in a water
supply; and

(2) the number of service lines of an unknown material
composition.
(t-5) After the Agency has approved the final replacement
plan described in subsection (p), the owner or operator of a
community water supply shall submit a report detailing
progress toward plan goals to the Agency for its review. The
report shall be submitted annually for the first 10 years, and
every 3 years thereafter until all lead service lines have
been replaced. Reports under this subsection shall be
published in the same manner described in subsection (l). The
report shall include at least the following information as it
pertains to the preceding reporting period:
(1) The number of lead service lines replaced and the
average cost of lead service line replacement.
(2) Progress toward meeting hiring requirements as
described in subsection (n) and subsection (o).
(3) The percent of customers electing a waiver
offered, as described in subsections (ii) and (jj), among
those customers receiving a request or notification to
perform a lead service line replacement.
(4) The method or methods used by the community water
supply to finance lead service line replacement.
(u) Notwithstanding any other provision of law, in order
to provide for costs associated with lead service line
remediation and replacement, the corporate authorities of a
municipality may, by ordinance or resolution by the corporate

authorities, exercise authority provided in Section 27-5 et
seq. of the Property Tax Code and Sections 8-3-1, 8-11-1,
8-11-5, 8-11-6, 9-1-1 et seq., 9-3-1 et seq., 9-4-1 et seq.,
11-131-1, and 11-150-1 of the Illinois Municipal Code. Taxes
levied for this purpose shall be in addition to taxes for
general purposes authorized under Section 8-3-1 of the
Illinois Municipal Code and shall be included in the taxing
district's aggregate extension for the purposes of Division 5
of Article 18 of the Property Tax Code.
(v) Every owner or operator of a community water supply
shall replace all known lead service lines, subject to the
requirements of subsection (ff), according to the following
replacement rates and timelines to be calculated from the date
of submission of the final replacement plan to the Agency:
(1) A community water supply reporting 1,200 or fewer
lead service lines in its final inventory and replacement
plan shall replace all lead service lines, at an annual
rate of no less than 7% of the amount described in the
final inventory, with a timeline of up to 15 years for
completion.
(2) A community water supply reporting more than 1,200
but fewer than 5,000 lead service lines in its final
inventory and replacement plan shall replace all lead
service lines, at an annual rate of no less than 6% of the
amount described in the final inventory, with a timeline
of up to 17 years for completion.

(3) A community water supply reporting more than 4,999
but fewer than 10,000 lead service lines in its final
inventory and replacement plan shall replace all lead
service lines, at an annual rate of no less than 5% of the
amount described in the final inventory, with a timeline
of up to 20 years for completion.
(4) A community water supply reporting more than 9,999
but fewer than 99,999 lead service lines in its final
inventory and replacement plan shall replace all lead
service lines, at an annual rate of no less than 3% of the
amount described in the final inventory, with a timeline
of up to 34 years for completion.
(5) A community water supply reporting more than
99,999 lead service lines in its final inventory and
replacement plan shall replace all lead service lines, at
an annual rate of no less than 2% of the amount described
in the final inventory, with a timeline of up to 50 years
for completion.
(w) A community water supply may apply to the Agency for an
extension to the replacement timelines described in paragraphs
(1) through (5) of subsection (v). The Agency shall develop
criteria for granting replacement timeline extensions. When
considering requests for timeline extensions, the Agency
shall, at a minimum, consider:
(1) the number of service connections in a water
supply; and

(2) unusual circumstances creating hardship for a
community.
The Agency may grant one extension of additional time
equal to not more than 20% of the original replacement
timeline, except in situations of extreme hardship in which
the Agency may consider a second additional extension equal to
not more than 10% of the original replacement timeline.
Replacement rates and timelines shall be calculated from
the date of submission of the final plan to the Agency.
(x) The Lead Service Line Replacement Advisory Board is
created within the Agency. The Advisory Board shall convene
within 120 days after January 1, 2022 (the effective date of
Public Act 102-613) this amendatory Act of the 102nd General
Assembly.
The Advisory Board shall consist of at least 28 voting
members, as follows:
(1) the Director of the Agency, or his or her
designee, who shall serve as chairperson;
(2) the Director of Revenue, or his or her designee;
(3) the Director of Public Health, or his or her
designee;
(4) fifteen members appointed by the Agency as
follows:
(A) one member representing a statewide
organization of municipalities as authorized by
Section 1-8-1 of the Illinois Municipal Code;

(B) two members who are mayors representing
municipalities located in any county south of the
southernmost county represented by one of the 10
largest municipalities in Illinois by population, or
their respective designees;
(C) two members who are representatives from
public health advocacy groups;
(D) two members who are representatives from
publicly-owned water utilities;
(E) one member who is a representative from a
public utility as defined under Section 3-105 of the
Public Utilities Act that provides water service in
the State of Illinois;
(F) one member who is a research professional
employed at an Illinois academic institution and
specializing in water infrastructure research;
(G) two members who are representatives from
nonprofit civic organizations;
(H) one member who is a representative from a
statewide organization representing environmental
organizations;
(I) two members who are representatives from
organized labor; and
(J) one member representing an environmental
justice organization; and
(5) ten members who are the mayors of the 10 largest

municipalities in Illinois by population, or their
respective designees.
No less than 10 of the 28 voting members shall be persons
of color, and no less than 3 shall represent communities
defined or self-identified as environmental justice
communities.
Advisory Board members shall serve without compensation,
but may be reimbursed for necessary expenses incurred in the
performance of their duties from funds appropriated for that
purpose. The Agency shall provide administrative support to
the Advisory Board.
The Advisory Board shall meet no less than once every 6
months.
(y) The Advisory Board shall have, at a minimum, the
following duties:
(1) advising the Agency on best practices in lead
service line replacement;
(2) reviewing the progress of community water supplies
toward lead service line replacement goals;
(3) advising the Agency on other matters related to
the administration of the provisions of this Section;
(4) advising the Agency on the integration of existing
lead service line replacement plans with any statewide
plan; and
(5) providing technical support and practical
expertise in general.

(z) Within 18 months after January 1, 2022 (the effective
date of Public Act 102-613) this amendatory Act of the 102nd
General Assembly, the Advisory Board shall deliver a report of
its recommendations to the Governor and the General Assembly
concerning opportunities for dedicated, long-term revenue
options for funding lead service line replacement. In
submitting recommendations, the Advisory Board shall consider,
at a minimum, the following:
(1) the sufficiency of various revenue sources to
adequately fund replacement of all lead service lines in
Illinois;
(2) the financial burden, if any, on households
falling below 150% of the federal poverty limit;
(3) revenue options that guarantee low-income
households are protected from rate increases;
(4) an assessment of the ability of community water
supplies to assess and collect revenue;
(5) variations in financial resources among individual
households within a service area; and
(6) the protection of low-income households from rate
increases.
(aa) Within 10 years after January 1, 2022 (the effective
date of Public Act 102-613) this amendatory Act of the 102nd
General Assembly, the Advisory Board shall prepare and deliver
a report to the Governor and General Assembly concerning the
status of all lead service line replacement within the State.

(bb) The Lead Service Line Replacement Fund is created as
a special fund in the State treasury to be used by the Agency
for the purposes provided under this Section. The Fund shall
be used exclusively to finance and administer programs and
activities specified under this Section and listed under this
subsection.
The objective of the Fund is to finance activities
associated with identifying and replacing lead service lines,
build Agency capacity to oversee the provisions of this
Section, and provide related assistance for the activities
listed under this subsection.
The Agency shall be responsible for the administration of
the Fund and shall allocate moneys on the basis of priorities
established by the Agency through administrative rule. On July
1, 2022 and on July 1 of each year thereafter, the Agency shall
determine the available amount of resources in the Fund that
can be allocated to the activities identified under this
Section and shall allocate the moneys accordingly.
Notwithstanding any other law to the contrary, the Lead
Service Line Replacement Fund is not subject to sweeps,
administrative charge-backs, or any other fiscal maneuver that
would in any way transfer any amounts from the Lead Service
Line Replacement Fund into any other fund of the State.
(cc) Within one year after January 1, 2022 (the effective
date of Public Act 102-613) this amendatory Act of the 102
General Assembly, the Agency shall design rules for a program

for the purpose of administering lead service line replacement
funds. The rules must, at minimum, contain:
(1) the process by which community water supplies may
apply for funding; and
(2) the criteria for determining unit of local
government eligibility and prioritization for funding,
including the prevalence of low-income households, as
measured by median household income, the prevalence of
lead service lines, and the prevalence of water samples
that demonstrate elevated levels of lead.
(dd) Funding under subsection (cc) shall be available for
costs directly attributable to the planning, design, or
construction directly related to the replacement of lead
service lines and restoration of property.
Funding shall not be used for the general operating
expenses of a municipality or community water supply.
(ee) An owner or operator of any community water supply
receiving grant funding under subsection (cc) shall bear the
entire expense of full lead service line replacement for all
lead service lines in the scope of the grant.
(ff) When replacing a lead service line, the owner or
operator of the community water supply shall replace the
service line in its entirety, including, but not limited to,
any portion of the service line (i) running on private
property and (ii) within the building's plumbing at the first
shut-off valve. Partial lead service line replacements are

expressly prohibited. Exceptions shall be made under the
following circumstances:
(1) In the event of an emergency repair that affects a
lead service line or a suspected lead service line, a
community water supply must contact the building owner to
begin the process of replacing the entire service line. If
the building owner is not able to be contacted or the
building owner or occupant refuses to grant access and
permission to replace the entire service line at the time
of the emergency repair, then the community water supply
may perform a partial lead service line replacement. Where
an emergency repair on a service line constructed of lead
or galvanized steel pipe results in a partial service line
replacement, the water supply responsible for commencing
the repair shall perform the following:
(A) Notify the building's owner or operator and
the resident or residents served by the lead service
line in writing that a repair has been completed. The
notification shall include, at a minimum:
(i) a warning that the work may result in
sediment, possibly containing lead, in the
buildings water supply system;
(ii) information concerning practices for
preventing the consumption of any lead in drinking
water, including a recommendation to flush water
distribution pipe during and after the completion

of the repair or replacement work and to clean
faucet aerator screens; and
(iii) information regarding the dangers of
lead to young children and pregnant women.
(B) Provide filters for at least one fixture
supplying potable water for consumption. The filter
must be certified by an accredited third-party
certification body to NSF/ANSI 53 and NSF/ANSI 42 for
the reduction of lead and particulate. The filter must
be provided until such time that the remaining
portions of the service line have been replaced with a
material approved by the Department or a waiver has
been issued under subsection (ii).
(C) Replace the remaining portion of the lead
service line within 30 days of the repair, or 120 days
in the event of weather or other circumstances beyond
reasonable control that prohibits construction. If a
complete lead service line replacement cannot be made
within the required period, the community water supply
responsible for commencing the repair shall notify the
Department in writing, at a minimum, of the following
within 24 hours of the repair:
(i) an explanation of why it is not feasible
to replace the remaining portion of the lead
service line within the allotted time; and
(ii) a timeline for when the remaining portion

of the lead service line will be replaced.
(D) If complete repair of a lead service line
cannot be completed due to denial by the property
owner, the community water supply commencing the
repair shall request the affected property owner to
sign a waiver developed by the Department. If a
property owner of a nonresidential building or
residence operating as rental properties denies a
complete lead service line replacement, the property
owner shall be responsible for installing and
maintaining point-of-use filters certified by an
accredited third-party certification body to NSF/ANSI
53 and NSF/ANSI 42 for the reduction of lead and
particulate at all fixtures intended to supply water
for the purposes of drinking, food preparation, or
making baby formula. The filters shall continue to be
supplied by the property owner until such time that
the property owner has affected the remaining portions
of the lead service line to be replaced.
(E) Document any remaining lead service line,
including a portion on the private side of the
property, in the community water supply's distribution
system materials inventory required under subsection
(d).
For the purposes of this paragraph (1), written notice
shall be provided in the method and according to the

provisions of subsection (jj).
(2) Lead service lines that are physically
disconnected from the distribution system are exempt from
this subsection.
(gg) Except as provided in subsection (hh), on and after
January 1, 2022, when the owner or operator of a community
water supply replaces a water main, the community water supply
shall identify all lead service lines connected to the water
main and shall replace the lead service lines by:
(1) identifying the material or materials of each lead
service line connected to the water main, including, but
not limited to, any portion of the service line (i)
running on private property and (ii) within the building
plumbing at the first shut-off valve or 18 inches inside
the building, whichever is shorter;
(2) in conjunction with replacement of the water main,
replacing any and all portions of each lead service line
connected to the water main that are composed of lead; and
(3) if a property owner or customer refuses to grant
access to the property, following prescribed notice
provisions as outlined in subsection (ff).
If an owner of a potentially affected building intends to
replace a portion of a lead service line or a galvanized
service line and the galvanized service line is or was
connected downstream to lead piping, then the owner of the
potentially affected building shall provide the owner or

operator of the community water supply with notice at least 45
days before commencing the work. In the case of an emergency
repair, the owner of the potentially affected building must
provide filters for each kitchen area that are certified by an
accredited third-party certification body to NSF/ANSI 53 and
NSF/ANSI 42 for the reduction of lead and particulate. If the
owner of the potentially affected building notifies the owner
or operator of the community water supply that replacement of
a portion of the lead service line after the emergency repair
is completed, then the owner or operator of the community
water supply shall replace the remainder of the lead service
line within 30 days after completion of the emergency repair.
A community water supply may take up to 120 days if necessary
due to weather conditions. If a replacement takes longer than
30 days, filters provided by the owner of the potentially
affected building must be replaced in accordance with the
manufacturer's recommendations. Partial lead service line
replacements by the owners of potentially affected buildings
are otherwise prohibited.
(hh) For municipalities with a population in excess of
1,000,000 inhabitants, the requirements of subsection (gg)
shall commence on January 1, 2023.
(ii) At least 45 days before conducting planned lead
service line replacement, the owner or operator of a community
water supply shall, by mail, attempt to contact the owner of
the potentially affected building serviced by the lead service

line to request access to the building and permission to
replace the lead service line in accordance with the lead
service line replacement plan. If the owner of the potentially
affected building does not respond to the request within 15
days after the request is sent, the owner or operator of the
community water supply shall attempt to post the request on
the entrance of the potentially affected building.
If the owner or operator of a community water supply is
unable to obtain approval to access and replace a lead service
line, the owner or operator of the community water supply
shall request that the owner of the potentially affected
building sign a waiver. The waiver shall be developed by the
Department and should be made available in the owner's
language. If the owner of the potentially affected building
refuses to sign the waiver or fails to respond to the community
water supply after the community water supply has complied
with this subsection, then the community water supply shall
notify the Department in writing within 15 working days.
(jj) When replacing a lead service line or repairing or
replacing water mains with lead service lines or partial lead
service lines attached to them, the owner or operator of a
community water supply shall provide the owner of each
potentially affected building that is serviced by the affected
lead service lines or partial lead service lines, as well as
the occupants of those buildings, with an individual written
notice. The notice shall be delivered by mail or posted at the

primary entranceway of the building. The notice may, in
addition, be electronically mailed. Written notice shall
include, at a minimum, the following:
(1) a warning that the work may result in sediment,
possibly containing lead from the service line, in the
building's water;
(2) information concerning the best practices for
preventing exposure to or risk of consumption of lead in
drinking water, including a recommendation to flush water
lines during and after the completion of the repair or
replacement work and to clean faucet aerator screens; and
(3) information regarding the dangers of lead exposure
to young children and pregnant women.
When the individual written notice described in the first
paragraph of this subsection is required as a result of
planned work other than the repair or replacement of a water
meter, the owner or operator of the community water supply
shall provide the notice not less than 14 days before work
begins. When the individual written notice described in the
first paragraph of this subsection is required as a result of
emergency repairs other than the repair or replacement of a
water meter, the owner or operator of the community water
supply shall provide the notice at the time the work is
initiated. When the individual written notice described in the
first paragraph of this subsection is required as a result of
the repair or replacement of a water meter, the owner or

operator of the community water supply shall provide the
notice at the time the work is initiated.
The notifications required under this subsection must
contain the following statement in the Spanish, Polish,
Chinese, Tagalog, Arabic, Korean, German, Urdu, and Gujarati:
"This notice contains important information about your water
service and may affect your rights. We encourage you to have
this notice translated in full into a language you understand
and before you make any decisions that may be required under
this notice."
An owner or operator of a community water supply that is
required under this subsection to provide an individual
written notice to the owner and occupant of a potentially
affected building that is a multi-dwelling building may
satisfy that requirement and the requirements of this
subsection regarding notification to non-English speaking
customers by posting the required notice on the primary
entranceway of the building and at the location where the
occupant's mail is delivered as reasonably as possible.
When this subsection would require the owner or operator
of a community water supply to provide an individual written
notice to the entire community served by the community water
supply or would require the owner or operator of a community
water supply to provide individual written notices as a result
of emergency repairs or when the community water supply that
is required to comply with this subsection is a small system,

the owner or operator of the community water supply may
provide the required notice through local media outlets,
social media, or other similar means in lieu of providing the
individual written notices otherwise required under this
subsection.
No notifications are required under this subsection for
work performed on water mains that are used to transmit
treated water between community water supplies and properties
that have no service connections.
(kk) No community water supply that sells water to any
wholesale or retail consecutive community water supply may
pass on any costs associated with compliance with this Section
to consecutive systems.
(ll) To the extent allowed by law, when a community water
supply replaces or installs a lead service line in a public
right-of-way or enters into an agreement with a private
contractor for replacement or installation of a lead service
line, the community water supply shall be held harmless for
all damage to property when replacing or installing the lead
service line. If dangers are encountered that prevent the
replacement of the lead service line, the community water
supply shall notify the Department within 15 working days of
why the replacement of the lead service line could not be
accomplished.
(mm) The Agency may propose to the Board, and the Board may
adopt, any rules necessary to implement and administer this

Section. The Department may adopt rules necessary to address
lead service lines attached to non-community noncommunity
water supplies.
(nn) Notwithstanding any other provision in this Section,
no requirement in this Section shall be construed as being
less stringent than existing applicable federal requirements.
(oo) All lead service line replacements financed in whole
or in part with funds obtained under this Section shall be
considered public works for purposes of the Prevailing Wage
Act.
(Source: P.A. 102-613, eff. 1-1-22; revised 12-1-21.)
(415 ILCS 5/21) (from Ch. 111 1/2, par. 1021)
Sec. 21. Prohibited acts. No person shall:
(a) Cause or allow the open dumping of any waste.
(b) Abandon, dump, or deposit any waste upon the public
highways or other public property, except in a sanitary
landfill approved by the Agency pursuant to regulations
adopted by the Board.
(c) Abandon any vehicle in violation of the "Abandoned
Vehicles Amendment to the Illinois Vehicle Code", as enacted
by the 76th General Assembly.
(d) Conduct any waste-storage, waste-treatment, or
waste-disposal operation:
(1) without a permit granted by the Agency or in
violation of any conditions imposed by such permit,

including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; provided,
however, that, except for municipal solid waste landfill
units that receive waste on or after October 9, 1993, and
CCR surface impoundments, no permit shall be required for
(i) any person conducting a waste-storage,
waste-treatment, or waste-disposal operation for wastes
generated by such person's own activities which are
stored, treated, or disposed within the site where such
wastes are generated, (ii) until one year after the
effective date of rules adopted by the Board under
subsection (n) of Section 22.38, a facility located in a
county with a population over 700,000 as of January 1,
2000, operated and located in accordance with Section
22.38 of this Act, and used exclusively for the transfer,
storage, or treatment of general construction or
demolition debris, provided that the facility was
receiving construction or demolition debris on August 24,
2009 (the effective date of Public Act 96-611), or (iii)
any person conducting a waste transfer, storage,
treatment, or disposal operation, including, but not
limited to, a waste transfer or waste composting
operation, under a mass animal mortality event plan
created by the Department of Agriculture;

(2) in violation of any regulations or standards
adopted by the Board under this Act;
(3) which receives waste after August 31, 1988, does
not have a permit issued by the Agency, and is (i) a
landfill used exclusively for the disposal of waste
generated at the site, (ii) a surface impoundment
receiving special waste not listed in an NPDES permit,
(iii) a waste pile in which the total volume of waste is
greater than 100 cubic yards or the waste is stored for
over one year, or (iv) a land treatment facility receiving
special waste generated at the site; without giving notice
of the operation to the Agency by January 1, 1989, or 30
days after the date on which the operation commences,
whichever is later, and every 3 years thereafter. The form
for such notification shall be specified by the Agency,
and shall be limited to information regarding: the name
and address of the location of the operation; the type of
operation; the types and amounts of waste stored, treated
or disposed of on an annual basis; the remaining capacity
of the operation; and the remaining expected life of the
operation.
Item (3) of this subsection (d) shall not apply to any
person engaged in agricultural activity who is disposing of a
substance that constitutes solid waste, if the substance was
acquired for use by that person on his own property, and the
substance is disposed of on his own property in accordance

with regulations or standards adopted by the Board.
This subsection (d) shall not apply to hazardous waste.
(e) Dispose, treat, store or abandon any waste, or
transport any waste into this State for disposal, treatment,
storage or abandonment, except at a site or facility which
meets the requirements of this Act and of regulations and
standards thereunder.
(f) Conduct any hazardous waste-storage, hazardous
waste-treatment or hazardous waste-disposal operation:
(1) without a RCRA permit for the site issued by the
Agency under subsection (d) of Section 39 of this Act, or
in violation of any condition imposed by such permit,
including periodic reports and full access to adequate
records and the inspection of facilities, as may be
necessary to assure compliance with this Act and with
regulations and standards adopted thereunder; or
(2) in violation of any regulations or standards
adopted by the Board under this Act; or
(3) in violation of any RCRA permit filing requirement
established under standards adopted by the Board under
this Act; or
(4) in violation of any order adopted by the Board
under this Act.
Notwithstanding the above, no RCRA permit shall be
required under this subsection or subsection (d) of Section 39
of this Act for any person engaged in agricultural activity

who is disposing of a substance which has been identified as a
hazardous waste, and which has been designated by Board
regulations as being subject to this exception, if the
substance was acquired for use by that person on his own
property and the substance is disposed of on his own property
in accordance with regulations or standards adopted by the
Board.
(g) Conduct any hazardous waste-transportation operation:
(1) without registering with and obtaining a special
waste hauling permit from the Agency in accordance with
the regulations adopted by the Board under this Act; or
(2) in violation of any regulations or standards
adopted by the Board under this Act.
(h) Conduct any hazardous waste-recycling or hazardous
waste-reclamation or hazardous waste-reuse operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act.
(i) Conduct any process or engage in any act which
produces hazardous waste in violation of any regulations or
standards adopted by the Board under subsections (a) and (c)
of Section 22.4 of this Act.
(j) Conduct any special waste-transportation operation in
violation of any regulations, standards or permit requirements
adopted by the Board under this Act. However, sludge from a
water or sewage treatment plant owned and operated by a unit of
local government which (1) is subject to a sludge management

plan approved by the Agency or a permit granted by the Agency,
and (2) has been tested and determined not to be a hazardous
waste as required by applicable State and federal laws and
regulations, may be transported in this State without a
special waste hauling permit, and the preparation and carrying
of a manifest shall not be required for such sludge under the
rules of the Pollution Control Board. The unit of local
government which operates the treatment plant producing such
sludge shall file an annual report with the Agency identifying
the volume of such sludge transported during the reporting
period, the hauler of the sludge, and the disposal sites to
which it was transported. This subsection (j) shall not apply
to hazardous waste.
(k) Fail or refuse to pay any fee imposed under this Act.
(l) Locate a hazardous waste disposal site above an active
or inactive shaft or tunneled mine or within 2 miles of an
active fault in the earth's crust. In counties of population
less than 225,000 no hazardous waste disposal site shall be
located (1) within 1 1/2 miles of the corporate limits as
defined on June 30, 1978, of any municipality without the
approval of the governing body of the municipality in an
official action; or (2) within 1000 feet of an existing
private well or the existing source of a public water supply
measured from the boundary of the actual active permitted site
and excluding existing private wells on the property of the
permit applicant. The provisions of this subsection do not

apply to publicly owned sewage works or the disposal or
utilization of sludge from publicly owned sewage works.
(m) Transfer interest in any land which has been used as a
hazardous waste disposal site without written notification to
the Agency of the transfer and to the transferee of the
conditions imposed by the Agency upon its use under subsection
(g) of Section 39.
(n) Use any land which has been used as a hazardous waste
disposal site except in compliance with conditions imposed by
the Agency under subsection (g) of Section 39.
(o) Conduct a sanitary landfill operation which is
required to have a permit under subsection (d) of this
Section, in a manner which results in any of the following
conditions:
(1) refuse in standing or flowing waters;
(2) leachate flows entering waters of the State;
(3) leachate flows exiting the landfill confines (as
determined by the boundaries established for the landfill
by a permit issued by the Agency);
(4) open burning of refuse in violation of Section 9
of this Act;
(5) uncovered refuse remaining from any previous
operating day or at the conclusion of any operating day,
unless authorized by permit;
(6) failure to provide final cover within time limits
established by Board regulations;

(7) acceptance of wastes without necessary permits;
(8) scavenging as defined by Board regulations;
(9) deposition of refuse in any unpermitted portion of
the landfill;
(10) acceptance of a special waste without a required
manifest;
(11) failure to submit reports required by permits or
Board regulations;
(12) failure to collect and contain litter from the
site by the end of each operating day;
(13) failure to submit any cost estimate for the site
or any performance bond or other security for the site as
required by this Act or Board rules.
The prohibitions specified in this subsection (o) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to sanitary landfills.
(p) In violation of subdivision (a) of this Section, cause
or allow the open dumping of any waste in a manner which
results in any of the following occurrences at the dump site:
(1) litter;
(2) scavenging;
(3) open burning;
(4) deposition of waste in standing or flowing waters;

(5) proliferation of disease vectors;
(6) standing or flowing liquid discharge from the dump
site;
(7) deposition of:
(i) general construction or demolition debris as
defined in Section 3.160(a) of this Act; or
(ii) clean construction or demolition debris as
defined in Section 3.160(b) of this Act.
The prohibitions specified in this subsection (p) shall be
enforceable by the Agency either by administrative citation
under Section 31.1 of this Act or as otherwise provided by this
Act. The specific prohibitions in this subsection do not limit
the power of the Board to establish regulations or standards
applicable to open dumping.
(q) Conduct a landscape waste composting operation without
an Agency permit, provided, however, that no permit shall be
required for any person:
(1) conducting a landscape waste composting operation
for landscape wastes generated by such person's own
activities which are stored, treated, or disposed of
within the site where such wastes are generated; or
(1.5) conducting a landscape waste composting
operation that (i) has no more than 25 cubic yards of
landscape waste, composting additives, composting
material, or end-product compost on-site at any one time
and (ii) is not engaging in commercial activity; or

(2) applying landscape waste or composted landscape
waste at agronomic rates; or
(2.5) operating a landscape waste composting facility
at a site having 10 or more occupied non-farm residences
within 1/2 mile of its boundaries, if the facility meets
all of the following criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the site's total acreage;
(A-5) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased, or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting

facility is applied at agronomic rates and used as
mulch, fertilizer, or soil conditioner on land
actually farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months
prior to its application as mulch, fertilizer, or soil
conditioner;
(D) no fee is charged for the acceptance of
materials to be composted at the facility; and
(E) the owner or operator, by January 1, 2014 (or
the January 1 following commencement of operation,
whichever is later) and January 1 of each year
thereafter, registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site; (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-5), (B), (C), and (D) of this paragraph (2.5); and
(iv) certifies to the Agency that all composting
material was placed more than 200 feet from the
nearest potable water supply well, was placed outside
the boundary of the 10-year floodplain or on a part of
the site that is floodproofed, was placed at least 1/4
mile from the nearest residence (other than a
residence located on the same property as the
facility) or a lesser distance from the nearest

residence (other than a residence located on the same
property as the facility) if the municipality in which
the facility is located has by ordinance approved a
lesser distance than 1/4 mile, and was placed more
than 5 feet above the water table; any ordinance
approving a residential setback of less than 1/4 mile
that is used to meet the requirements of this
subparagraph (E) of paragraph (2.5) of this subsection
must specifically reference this paragraph; or
(3) operating a landscape waste composting facility on
a farm, if the facility meets all of the following
criteria:
(A) the composting facility is operated by the
farmer on property on which the composting material is
utilized, and the composting facility constitutes no
more than 2% of the property's total acreage, except
that the Board may allow a higher percentage for
individual sites where the owner or operator has
demonstrated to the Board that the site's soil
characteristics or crop needs require a higher rate;
(A-1) the composting facility accepts from other
agricultural operations for composting with landscape
waste no materials other than uncontaminated and
source-separated (i) crop residue and other
agricultural plant residue generated from the
production and harvesting of crops and other customary

farm practices, including, but not limited to, stalks,
leaves, seed pods, husks, bagasse, and roots and (ii)
plant-derived animal bedding, such as straw or
sawdust, that is free of manure and was not made from
painted or treated wood;
(A-2) any composting additives that the composting
facility accepts and uses at the facility are
necessary to provide proper conditions for composting
and do not exceed 10% of the total composting material
at the facility at any one time;
(B) the property on which the composting facility
is located, and any associated property on which the
compost is used, is principally and diligently devoted
to the production of agricultural crops and is not
owned, leased or otherwise controlled by any waste
hauler or generator of nonagricultural compost
materials, and the operator of the composting facility
is not an employee, partner, shareholder, or in any
way connected with or controlled by any such waste
hauler or generator;
(C) all compost generated by the composting
facility is applied at agronomic rates and used as
mulch, fertilizer or soil conditioner on land actually
farmed by the person operating the composting
facility, and the finished compost is not stored at
the composting site for a period longer than 18 months

prior to its application as mulch, fertilizer, or soil
conditioner;
(D) the owner or operator, by January 1 of each
year, (i) registers the site with the Agency, (ii)
reports to the Agency on the volume of composting
material received and used at the site, (iii)
certifies to the Agency that the site complies with
the requirements set forth in subparagraphs (A),
(A-1), (A-2), (B), and (C) of this paragraph (q)(3),
and (iv) certifies to the Agency that all composting
material:
(I) was placed more than 200 feet from the
nearest potable water supply well;
(II) was placed outside the boundary of the
10-year floodplain or on a part of the site that is
floodproofed;
(III) was placed either (aa) at least 1/4 mile
from the nearest residence (other than a residence
located on the same property as the facility) and
there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application or (bb) a
lesser distance from the nearest residence (other
than a residence located on the same property as
the facility) provided that the municipality or
county in which the facility is located has by

ordinance approved a lesser distance than 1/4 mile
and there are not more than 10 occupied non-farm
residences within 1/2 mile of the boundaries of
the site on the date of application; and
(IV) was placed more than 5 feet above the
water table.
Any ordinance approving a residential setback of
less than 1/4 mile that is used to meet the
requirements of this subparagraph (D) must
specifically reference this subparagraph.
For the purposes of this subsection (q), "agronomic rates"
means the application of not more than 20 tons per acre per
year, except that the Board may allow a higher rate for
individual sites where the owner or operator has demonstrated
to the Board that the site's soil characteristics or crop
needs require a higher rate.
(r) Cause or allow the storage or disposal of coal
combustion waste unless:
(1) such waste is stored or disposed of at a site or
facility for which a permit has been obtained or is not
otherwise required under subsection (d) of this Section;
or
(2) such waste is stored or disposed of as a part of
the design and reclamation of a site or facility which is
an abandoned mine site in accordance with the Abandoned
Mined Lands and Water Reclamation Act; or

(3) such waste is stored or disposed of at a site or
facility which is operating under NPDES and Subtitle D
permits issued by the Agency pursuant to regulations
adopted by the Board for mine-related water pollution and
permits issued pursuant to the federal Surface Mining
Control and Reclamation Act of 1977 (P.L. 95-87) or the
rules and regulations thereunder or any law or rule or
regulation adopted by the State of Illinois pursuant
thereto, and the owner or operator of the facility agrees
to accept the waste; and either:
(i) such waste is stored or disposed of in
accordance with requirements applicable to refuse
disposal under regulations adopted by the Board for
mine-related water pollution and pursuant to NPDES and
Subtitle D permits issued by the Agency under such
regulations; or
(ii) the owner or operator of the facility
demonstrates all of the following to the Agency, and
the facility is operated in accordance with the
demonstration as approved by the Agency: (1) the
disposal area will be covered in a manner that will
support continuous vegetation, (2) the facility will
be adequately protected from wind and water erosion,
(3) the pH will be maintained so as to prevent
excessive leaching of metal ions, and (4) adequate
containment or other measures will be provided to

protect surface water and groundwater from
contamination at levels prohibited by this Act, the
Illinois Groundwater Protection Act, or regulations
adopted pursuant thereto.
Notwithstanding any other provision of this Title, the
disposal of coal combustion waste pursuant to item (2) or (3)
of this subdivision (r) shall be exempt from the other
provisions of this Title V, and notwithstanding the provisions
of Title X of this Act, the Agency is authorized to grant
experimental permits which include provision for the disposal
of wastes from the combustion of coal and other materials
pursuant to items (2) and (3) of this subdivision (r).
(s) After April 1, 1989, offer for transportation,
transport, deliver, receive or accept special waste for which
a manifest is required, unless the manifest indicates that the
fee required under Section 22.8 of this Act has been paid.
(t) Cause or allow a lateral expansion of a municipal
solid waste landfill unit on or after October 9, 1993, without
a permit modification, granted by the Agency, that authorizes
the lateral expansion.
(u) Conduct any vegetable by-product treatment, storage,
disposal or transportation operation in violation of any
regulation, standards or permit requirements adopted by the
Board under this Act. However, no permit shall be required
under this Title V for the land application of vegetable
by-products conducted pursuant to Agency permit issued under

Title III of this Act to the generator of the vegetable
by-products. In addition, vegetable by-products may be
transported in this State without a special waste hauling
permit, and without the preparation and carrying of a
manifest.
(v) (Blank).
(w) Conduct any generation, transportation, or recycling
of construction or demolition debris, clean or general, or
uncontaminated soil generated during construction, remodeling,
repair, and demolition of utilities, structures, and roads
that is not commingled with any waste, without the maintenance
of documentation identifying the hauler, generator, place of
origin of the debris or soil, the weight or volume of the
debris or soil, and the location, owner, and operator of the
facility where the debris or soil was transferred, disposed,
recycled, or treated. This documentation must be maintained by
the generator, transporter, or recycler for 3 years. This
subsection (w) shall not apply to (1) a permitted pollution
control facility that transfers or accepts construction or
demolition debris, clean or general, or uncontaminated soil
for final disposal, recycling, or treatment, (2) a public
utility (as that term is defined in the Public Utilities Act)
or a municipal utility, (3) the Illinois Department of
Transportation, or (4) a municipality or a county highway
department, with the exception of any municipality or county
highway department located within a county having a population

of over 3,000,000 inhabitants or located in a county that is
contiguous to a county having a population of over 3,000,000
inhabitants; but it shall apply to an entity that contracts
with a public utility, a municipal utility, the Illinois
Department of Transportation, or a municipality or a county
highway department. The terms "generation" and "recycling", as
used in this subsection, do not apply to clean construction or
demolition debris when (i) used as fill material below grade
outside of a setback zone if covered by sufficient
uncontaminated soil to support vegetation within 30 days of
the completion of filling or if covered by a road or structure,
(ii) solely broken concrete without protruding metal bars is
used for erosion control, or (iii) milled asphalt or crushed
concrete is used as aggregate in construction of the shoulder
of a roadway. The terms "generation" and "recycling", as used
in this subsection, do not apply to uncontaminated soil that
is not commingled with any waste when (i) used as fill material
below grade or contoured to grade, or (ii) used at the site of
generation.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
102-310, eff. 8-6-21; 102-558, eff. 8-20-21; revised
10-14-21.)
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
Sec. 22.15. Solid Waste Management Fund; fees.
(a) There is hereby created within the State Treasury a

special fund to be known as the Solid Waste Management Fund, to
be constituted from the fees collected by the State pursuant
to this Section, from repayments of loans made from the Fund
for solid waste projects, from registration fees collected
pursuant to the Consumer Electronics Recycling Act, and from
amounts transferred into the Fund pursuant to Public Act
100-433. Moneys received by either the Agency or the
Department of Commerce and Economic Opportunity in repayment
of loans made pursuant to the Illinois Solid Waste Management
Act shall be deposited into the General Revenue Fund.
(b) The Agency shall assess and collect a fee in the amount
set forth herein from the owner or operator of each sanitary
landfill permitted or required to be permitted by the Agency
to dispose of solid waste if the sanitary landfill is located
off the site where such waste was produced and if such sanitary
landfill is owned, controlled, and operated by a person other
than the generator of such waste. The Agency shall deposit all
fees collected into the Solid Waste Management Fund. If a site
is contiguous to one or more landfills owned or operated by the
same person, the volumes permanently disposed of by each
landfill shall be combined for purposes of determining the fee
under this subsection. Beginning on July 1, 2018, and on the
first day of each month thereafter during fiscal years 2019
through 2022, the State Comptroller shall direct and State
Treasurer shall transfer an amount equal to 1/12 of $5,000,000
per fiscal year from the Solid Waste Management Fund to the

General Revenue Fund.
(1) If more than 150,000 cubic yards of non-hazardous
solid waste is permanently disposed of at a site in a
calendar year, the owner or operator shall either pay a
fee of 95 cents per cubic yard or, alternatively, the
owner or operator may weigh the quantity of the solid
waste permanently disposed of with a device for which
certification has been obtained under the Weights and
Measures Act and pay a fee of $2.00 per ton of solid waste
permanently disposed of. In no case shall the fee
collected or paid by the owner or operator under this
paragraph exceed $1.55 per cubic yard or $3.27 per ton.
(2) If more than 100,000 cubic yards but not more than
150,000 cubic yards of non-hazardous waste is permanently
disposed of at a site in a calendar year, the owner or
operator shall pay a fee of $52,630.
(3) If more than 50,000 cubic yards but not more than
100,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $23,790.
(4) If more than 10,000 cubic yards but not more than
50,000 cubic yards of non-hazardous solid waste is
permanently disposed of at a site in a calendar year, the
owner or operator shall pay a fee of $7,260.
(5) If not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at a

site in a calendar year, the owner or operator shall pay a
fee of $1050.
(c) (Blank).
(d) The Agency shall establish rules relating to the
collection of the fees authorized by this Section. Such rules
shall include, but not be limited to:
(1) necessary records identifying the quantities of
solid waste received or disposed;
(2) the form and submission of reports to accompany
the payment of fees to the Agency;
(3) the time and manner of payment of fees to the
Agency, which payments shall not be more often than
quarterly; and
(4) procedures setting forth criteria establishing
when an owner or operator may measure by weight or volume
during any given quarter or other fee payment period.
(e) Pursuant to appropriation, all monies in the Solid
Waste Management Fund shall be used by the Agency for the
purposes set forth in this Section and in the Illinois Solid
Waste Management Act, including for the costs of fee
collection and administration, and for the administration of
(1) the Consumer Electronics Recycling Act and (2) until
January 1, 2020, the Electronic Products Recycling and Reuse
Act.
(f) The Agency is authorized to enter into such agreements
and to promulgate such rules as are necessary to carry out its

duties under this Section and the Illinois Solid Waste
Management Act.
(g) On the first day of January, April, July, and October
of each year, beginning on July 1, 1996, the State Comptroller
and Treasurer shall transfer $500,000 from the Solid Waste
Management Fund to the Hazardous Waste Fund. Moneys
transferred under this subsection (g) shall be used only for
the purposes set forth in item (1) of subsection (d) of Section
22.2.
(h) The Agency is authorized to provide financial
assistance to units of local government for the performance of
inspecting, investigating and enforcement activities pursuant
to Section 4(r) at nonhazardous solid waste disposal sites.
(i) The Agency is authorized to conduct household waste
collection and disposal programs.
(j) A unit of local government, as defined in the Local
Solid Waste Disposal Act, in which a solid waste disposal
facility is located may establish a fee, tax, or surcharge
with regard to the permanent disposal of solid waste. All
fees, taxes, and surcharges collected under this subsection
shall be utilized for solid waste management purposes,
including long-term monitoring and maintenance of landfills,
planning, implementation, inspection, enforcement and other
activities consistent with the Solid Waste Management Act and
the Local Solid Waste Disposal Act, or for any other
environment-related purpose, including, but not limited to, an

environment-related public works project, but not for the
construction of a new pollution control facility other than a
household hazardous waste facility. However, the total fee,
tax or surcharge imposed by all units of local government
under this subsection (j) upon the solid waste disposal
facility shall not exceed:
(1) 60¢ per cubic yard if more than 150,000 cubic
yards of non-hazardous solid waste is permanently disposed
of at the site in a calendar year, unless the owner or
operator weighs the quantity of the solid waste received
with a device for which certification has been obtained
under the Weights and Measures Act, in which case the fee
shall not exceed $1.27 per ton of solid waste permanently
disposed of.
(2) $33,350 if more than 100,000 cubic yards, but not
more than 150,000 cubic yards, of non-hazardous waste is
permanently disposed of at the site in a calendar year.
(3) $15,500 if more than 50,000 cubic yards, but not
more than 100,000 cubic yards, of non-hazardous solid
waste is permanently disposed of at the site in a calendar
year.
(4) $4,650 if more than 10,000 cubic yards, but not
more than 50,000 cubic yards, of non-hazardous solid waste
is permanently disposed of at the site in a calendar year.
(5) $650 if not more than 10,000 cubic yards of
non-hazardous solid waste is permanently disposed of at

the site in a calendar year.
The corporate authorities of the unit of local government
may use proceeds from the fee, tax, or surcharge to reimburse a
highway commissioner whose road district lies wholly or
partially within the corporate limits of the unit of local
government for expenses incurred in the removal of
nonhazardous, nonfluid municipal waste that has been dumped on
public property in violation of a State law or local
ordinance.
For the disposal of solid waste from general construction
or demolition debris recovery facilities as defined in
subsection (a-1) of Section 3.160, the total fee, tax, or
surcharge imposed by all units of local government under this
subsection (j) upon the solid waste disposal facility shall
not exceed 50% of the applicable amount set forth above. A unit
of local government, as defined in the Local Solid Waste
Disposal Act, in which a general construction or demolition
debris recovery facility is located may establish a fee, tax,
or surcharge on the general construction or demolition debris
recovery facility with regard to the permanent disposal of
solid waste by the general construction or demolition debris
recovery facility at a solid waste disposal facility, provided
that such fee, tax, or surcharge shall not exceed 50% of the
applicable amount set forth above, based on the total amount
of solid waste transported from the general construction or
demolition debris recovery facility for disposal at solid

waste disposal facilities, and the unit of local government
and fee shall be subject to all other requirements of this
subsection (j).
A county or Municipal Joint Action Agency that imposes a
fee, tax, or surcharge under this subsection may use the
proceeds thereof to reimburse a municipality that lies wholly
or partially within its boundaries for expenses incurred in
the removal of nonhazardous, nonfluid municipal waste that has
been dumped on public property in violation of a State law or
local ordinance.
If the fees are to be used to conduct a local sanitary
landfill inspection or enforcement program, the unit of local
government must enter into a written delegation agreement with
the Agency pursuant to subsection (r) of Section 4. The unit of
local government and the Agency shall enter into such a
written delegation agreement within 60 days after the
establishment of such fees. At least annually, the Agency
shall conduct an audit of the expenditures made by units of
local government from the funds granted by the Agency to the
units of local government for purposes of local sanitary
landfill inspection and enforcement programs, to ensure that
the funds have been expended for the prescribed purposes under
the grant.
The fees, taxes or surcharges collected under this
subsection (j) shall be placed by the unit of local government
in a separate fund, and the interest received on the moneys in

the fund shall be credited to the fund. The monies in the fund
may be accumulated over a period of years to be expended in
accordance with this subsection.
A unit of local government, as defined in the Local Solid
Waste Disposal Act, shall prepare and post on its website, in
April of each year, a report that details spending plans for
monies collected in accordance with this subsection. The
report will at a minimum include the following:
(1) The total monies collected pursuant to this
subsection.
(2) The most current balance of monies collected
pursuant to this subsection.
(3) An itemized accounting of all monies expended for
the previous year pursuant to this subsection.
(4) An estimation of monies to be collected for the
following 3 years pursuant to this subsection.
(5) A narrative detailing the general direction and
scope of future expenditures for one, 2 and 3 years.
The exemptions granted under Sections 22.16 and 22.16a,
and under subsection (k) of this Section, shall be applicable
to any fee, tax or surcharge imposed under this subsection
(j); except that the fee, tax or surcharge authorized to be
imposed under this subsection (j) may be made applicable by a
unit of local government to the permanent disposal of solid
waste after December 31, 1986, under any contract lawfully
executed before June 1, 1986 under which more than 150,000

cubic yards (or 50,000 tons) of solid waste is to be
permanently disposed of, even though the waste is exempt from
the fee imposed by the State under subsection (b) of this
Section pursuant to an exemption granted under Section 22.16.
(k) In accordance with the findings and purposes of the
Illinois Solid Waste Management Act, beginning January 1, 1989
the fee under subsection (b) and the fee, tax or surcharge
under subsection (j) shall not apply to:
(1) waste which is hazardous waste;
(2) waste which is pollution control waste;
(3) waste from recycling, reclamation or reuse
processes which have been approved by the Agency as being
designed to remove any contaminant from wastes so as to
render such wastes reusable, provided that the process
renders at least 50% of the waste reusable; the exemption
set forth in this paragraph (3) of this subsection (k)
shall not apply to general construction or demolition
debris recovery facilities as defined in subsection (a-1)
of Section 3.160;
(4) non-hazardous solid waste that is received at a
sanitary landfill and composted or recycled through a
process permitted by the Agency; or
(5) any landfill which is permitted by the Agency to
receive only demolition or construction debris or
landscape waste.
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff.
8-20-21; revised 9-28-21.)
(415 ILCS 5/22.59)
Sec. 22.59. CCR surface impoundments.
(a) The General Assembly finds that:
(1) the State of Illinois has a long-standing policy
to restore, protect, and enhance the environment,
including the purity of the air, land, and waters,
including groundwaters, of this State;
(2) a clean environment is essential to the growth and
well-being of this State;
(3) CCR generated by the electric generating industry
has caused groundwater contamination and other forms of
pollution at active and inactive plants throughout this
State;
(4) environmental laws should be supplemented to
ensure consistent, responsible regulation of all existing
CCR surface impoundments; and
(5) meaningful participation of State residents,
especially vulnerable populations who may be affected by
regulatory actions, is critical to ensure that
environmental justice considerations are incorporated in
the development of, decision-making related to, and
implementation of environmental laws and rulemaking that
protects and improves the well-being of communities in

this State that bear disproportionate burdens imposed by
environmental pollution.
Therefore, the purpose of this Section is to promote a
healthful environment, including clean water, air, and land,
meaningful public involvement, and the responsible disposal
and storage of coal combustion residuals, so as to protect
public health and to prevent pollution of the environment of
this State.
The provisions of this Section shall be liberally
construed to carry out the purposes of this Section.
(b) No person shall:
(1) cause or allow the discharge of any contaminants
from a CCR surface impoundment into the environment so as
to cause, directly or indirectly, a violation of this
Section or any regulations or standards adopted by the
Board under this Section, either alone or in combination
with contaminants from other sources;
(2) construct, install, modify, operate, or close any
CCR surface impoundment without a permit granted by the
Agency, or so as to violate any conditions imposed by such
permit, any provision of this Section or any regulations
or standards adopted by the Board under this Section;
(3) cause or allow, directly or indirectly, the
discharge, deposit, injection, dumping, spilling, leaking,
or placing of any CCR upon the land in a place and manner
so as to cause or tend to cause a violation of this Section

or any regulations or standards adopted by the Board under
this Section; or
(4) construct, install, modify, or close a CCR surface
impoundment in accordance with a permit issued under this
Act without certifying to the Agency that all contractors,
subcontractors, and installers utilized to construct,
install, modify, or close a CCR surface impoundment are
participants in:
(A) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and
that includes instruction in erosion control and
environmental remediation; and
(B) a training program that is approved by and
registered with the United States Department of
Labor's Employment and Training Administration and
that includes instruction in the operation of heavy
equipment and excavation.
Nothing in this paragraph (4) shall be construed to
require providers of construction-related professional
services to participate in a training program approved by
and registered with the United States Department of
Labor's Employment and Training Administration.
In this paragraph (4), "construction-related
professional services" includes, but is not limited to,
those services within the scope of: (i) the practice of

architecture as regulated under the Illinois Architecture
Practice Act of 1989; (ii) professional engineering as
defined in Section 4 of the Professional Engineering
Practice Act of 1989; (iii) the practice of a structural
engineer as defined in Section 4 of the Structural
Engineering Practice Act of 1989; or (iv) land surveying
under the Illinois Professional Land Surveyor Act of 1989.
(c) (Blank).
(d) Before commencing closure of a CCR surface
impoundment, in accordance with Board rules, the owner of a
CCR surface impoundment must submit to the Agency for approval
a closure alternatives analysis that analyzes all closure
methods being considered and that otherwise satisfies all
closure requirements adopted by the Board under this Act.
Complete removal of CCR, as specified by the Board's rules,
from the CCR surface impoundment must be considered and
analyzed. Section 3.405 does not apply to the Board's rules
specifying complete removal of CCR. The selected closure
method must ensure compliance with regulations adopted by the
Board pursuant to this Section.
(e) Owners or operators of CCR surface impoundments who
have submitted a closure plan to the Agency before May 1, 2019,
and who have completed closure prior to 24 months after July
30, 2019 (the effective date of Public Act 101-171) shall not
be required to obtain a construction permit for the surface
impoundment closure under this Section.

(f) Except for the State, its agencies and institutions, a
unit of local government, or not-for-profit electric
cooperative as defined in Section 3.4 of the Electric Supplier
Act, any person who owns or operates a CCR surface impoundment
in this State shall post with the Agency a performance bond or
other security for the purpose of: (i) ensuring closure of the
CCR surface impoundment and post-closure care in accordance
with this Act and its rules; and (ii) ensuring remediation of
releases from the CCR surface impoundment. The only acceptable
forms of financial assurance are: a trust fund, a surety bond
guaranteeing payment, a surety bond guaranteeing performance,
or an irrevocable letter of credit.
(1) The cost estimate for the post-closure care of a
CCR surface impoundment shall be calculated using a
30-year post-closure care period or such longer period as
may be approved by the Agency under Board or federal
rules.
(2) The Agency is authorized to enter into such
contracts and agreements as it may deem necessary to carry
out the purposes of this Section. Neither the State, nor
the Director, nor any State employee shall be liable for
any damages or injuries arising out of or resulting from
any action taken under this Section.
(3) The Agency shall have the authority to approve or
disapprove any performance bond or other security posted
under this subsection. Any person whose performance bond

or other security is disapproved by the Agency may contest
the disapproval as a permit denial appeal pursuant to
Section 40.
(g) The Board shall adopt rules establishing construction
permit requirements, operating permit requirements, design
standards, reporting, financial assurance, and closure and
post-closure care requirements for CCR surface impoundments.
Not later than 8 months after July 30, 2019 (the effective date
of Public Act 101-171) the Agency shall propose, and not later
than one year after receipt of the Agency's proposal the Board
shall adopt, rules under this Section. The Board shall not be
deemed in noncompliance with the rulemaking deadline due to
delays in adopting rules as a result of the Joint Commission on
Administrative Rules oversight process. The rules must, at a
minimum:
(1) be at least as protective and comprehensive as the
federal regulations or amendments thereto promulgated by
the Administrator of the United States Environmental
Protection Agency in Subpart D of 40 CFR 257 governing CCR
surface impoundments;
(2) specify the minimum contents of CCR surface
impoundment construction and operating permit
applications, including the closure alternatives analysis
required under subsection (d);
(3) specify which types of permits include
requirements for closure, post-closure, remediation and

all other requirements applicable to CCR surface
impoundments;
(4) specify when permit applications for existing CCR
surface impoundments must be submitted, taking into
consideration whether the CCR surface impoundment must
close under the RCRA;
(5) specify standards for review and approval by the
Agency of CCR surface impoundment permit applications;
(6) specify meaningful public participation procedures
for the issuance of CCR surface impoundment construction
and operating permits, including, but not limited to,
public notice of the submission of permit applications, an
opportunity for the submission of public comments, an
opportunity for a public hearing prior to permit issuance,
and a summary and response of the comments prepared by the
Agency;
(7) prescribe the type and amount of the performance
bonds or other securities required under subsection (f),
and the conditions under which the State is entitled to
collect moneys from such performance bonds or other
securities;
(8) specify a procedure to identify areas of
environmental justice concern in relation to CCR surface
impoundments;
(9) specify a method to prioritize CCR surface
impoundments required to close under RCRA if not otherwise

specified by the United States Environmental Protection
Agency, so that the CCR surface impoundments with the
highest risk to public health and the environment, and
areas of environmental justice concern are given first
priority;
(10) define when complete removal of CCR is achieved
and specify the standards for responsible removal of CCR
from CCR surface impoundments, including, but not limited
to, dust controls and the protection of adjacent surface
water and groundwater; and
(11) describe the process and standards for
identifying a specific alternative source of groundwater
pollution when the owner or operator of the CCR surface
impoundment believes that groundwater contamination on the
site is not from the CCR surface impoundment.
(h) Any owner of a CCR surface impoundment that generates
CCR and sells or otherwise provides coal combustion byproducts
pursuant to Section 3.135 shall, every 12 months, post on its
publicly available website a report specifying the volume or
weight of CCR, in cubic yards or tons, that it sold or provided
during the past 12 months.
(i) The owner of a CCR surface impoundment shall post all
closure plans, permit applications, and supporting
documentation, as well as any Agency approval of the plans or
applications on its publicly available website.
(j) The owner or operator of a CCR surface impoundment

shall pay the following fees:
(1) An initial fee to the Agency within 6 months after
July 30, 2019 (the effective date of Public Act 101-171)
of:
$50,000 for each closed CCR surface impoundment;
and
$75,000 for each CCR surface impoundment that have
not completed closure.
(2) Annual fees to the Agency, beginning on July 1,
2020, of:
$25,000 for each CCR surface impoundment that has
not completed closure; and
$15,000 for each CCR surface impoundment that has
completed closure, but has not completed post-closure
care.
(k) All fees collected by the Agency under subsection (j)
shall be deposited into the Environmental Protection Permit
and Inspection Fund.
(l) The Coal Combustion Residual Surface Impoundment
Financial Assurance Fund is created as a special fund in the
State treasury. Any moneys forfeited to the State of Illinois
from any performance bond or other security required under
this Section shall be placed in the Coal Combustion Residual
Surface Impoundment Financial Assurance Fund and shall, upon
approval by the Governor and the Director, be used by the
Agency for the purposes for which such performance bond or

other security was issued. The Coal Combustion Residual
Surface Impoundment Financial Assurance Fund is not subject to
the provisions of subsection (c) of Section 5 of the State
Finance Act.
(m) The provisions of this Section shall apply, without
limitation, to all existing CCR surface impoundments and any
CCR surface impoundments constructed after July 30, 2019 (the
effective date of Public Act 101-171), except to the extent
prohibited by the Illinois or United States Constitutions.
(Source: P.A. 101-171, eff. 7-30-19; 102-16, eff. 6-17-21;
102-137, eff. 7-23-21; 102-309, eff. 8-6-21; 102-558, eff.
8-20-21; 102-662, eff. 9-15-21; revised 10-14-21.)
(415 ILCS 5/39) (from Ch. 111 1/2, par. 1039)
Sec. 39. Issuance of permits; procedures.
(a) When the Board has by regulation required a permit for
the construction, installation, or operation of any type of
facility, equipment, vehicle, vessel, or aircraft, the
applicant shall apply to the Agency for such permit and it
shall be the duty of the Agency to issue such a permit upon
proof by the applicant that the facility, equipment, vehicle,
vessel, or aircraft will not cause a violation of this Act or
of regulations hereunder. The Agency shall adopt such
procedures as are necessary to carry out its duties under this
Section. In making its determinations on permit applications
under this Section the Agency may consider prior adjudications

of noncompliance with this Act by the applicant that involved
a release of a contaminant into the environment. In granting
permits, the Agency may impose reasonable conditions
specifically related to the applicant's past compliance
history with this Act as necessary to correct, detect, or
prevent noncompliance. The Agency may impose such other
conditions as may be necessary to accomplish the purposes of
this Act, and as are not inconsistent with the regulations
promulgated by the Board hereunder. Except as otherwise
provided in this Act, a bond or other security shall not be
required as a condition for the issuance of a permit. If the
Agency denies any permit under this Section, the Agency shall
transmit to the applicant within the time limitations of this
Section specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include,
but not be limited to, the following:
(i) the Sections of this Act which may be violated if
the permit were granted;
(ii) the provision of the regulations, promulgated
under this Act, which may be violated if the permit were
granted;
(iii) the specific type of information, if any, which
the Agency deems the applicant did not provide the Agency;
and
(iv) a statement of specific reasons why the Act and
the regulations might not be met if the permit were

granted.
If there is no final action by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued; except that this time period shall
be extended to 180 days when (1) notice and opportunity for
public hearing are required by State or federal law or
regulation, (2) the application which was filed is for any
permit to develop a landfill subject to issuance pursuant to
this subsection, or (3) the application that was filed is for a
MSWLF unit required to issue public notice under subsection
(p) of Section 39. The 90-day and 180-day time periods for the
Agency to take final action do not apply to NPDES permit
applications under subsection (b) of this Section, to RCRA
permit applications under subsection (d) of this Section, to
UIC permit applications under subsection (e) of this Section,
or to CCR surface impoundment applications under subsection
(y) of this Section.
The Agency shall publish notice of all final permit
determinations for development permits for MSWLF units and for
significant permit modifications for lateral expansions for
existing MSWLF units one time in a newspaper of general
circulation in the county in which the unit is or is proposed
to be located.
After January 1, 1994 and until July 1, 1998, operating
permits issued under this Section by the Agency for sources of
air pollution permitted to emit less than 25 tons per year of

any combination of regulated air pollutants, as defined in
Section 39.5 of this Act, shall be required to be renewed only
upon written request by the Agency consistent with applicable
provisions of this Act and regulations promulgated hereunder.
Such operating permits shall expire 180 days after the date of
such a request. The Board shall revise its regulations for the
existing State air pollution operating permit program
consistent with this provision by January 1, 1994.
After June 30, 1998, operating permits issued under this
Section by the Agency for sources of air pollution that are not
subject to Section 39.5 of this Act and are not required to
have a federally enforceable State operating permit shall be
required to be renewed only upon written request by the Agency
consistent with applicable provisions of this Act and its
rules. Such operating permits shall expire 180 days after the
date of such a request. Before July 1, 1998, the Board shall
revise its rules for the existing State air pollution
operating permit program consistent with this paragraph and
shall adopt rules that require a source to demonstrate that it
qualifies for a permit under this paragraph.
(b) The Agency may issue NPDES permits exclusively under
this subsection for the discharge of contaminants from point
sources into navigable waters, all as defined in the Federal
Water Pollution Control Act, as now or hereafter amended,
within the jurisdiction of the State, or into any well.
All NPDES permits shall contain those terms and

conditions, including, but not limited to, schedules of
compliance, which may be required to accomplish the purposes
and provisions of this Act.
The Agency may issue general NPDES permits for discharges
from categories of point sources which are subject to the same
permit limitations and conditions. Such general permits may be
issued without individual applications and shall conform to
regulations promulgated under Section 402 of the Federal Water
Pollution Control Act, as now or hereafter amended.
The Agency may include, among such conditions, effluent
limitations and other requirements established under this Act,
Board regulations, the Federal Water Pollution Control Act, as
now or hereafter amended, and regulations pursuant thereto,
and schedules for achieving compliance therewith at the
earliest reasonable date.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of NPDES
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Federal Water Pollution
Control Act, as now or hereafter amended, and regulations
pursuant thereto.
The Agency, subject to any conditions which may be
prescribed by Board regulations, may issue NPDES permits to
allow discharges beyond deadlines established by this Act or
by regulations of the Board without the requirement of a
variance, subject to the Federal Water Pollution Control Act,

as now or hereafter amended, and regulations pursuant thereto.
(c) Except for those facilities owned or operated by
sanitary districts organized under the Metropolitan Water
Reclamation District Act, no permit for the development or
construction of a new pollution control facility may be
granted by the Agency unless the applicant submits proof to
the Agency that the location of the facility has been approved
by the county board of the county if in an unincorporated area,
or the governing body of the municipality when in an
incorporated area, in which the facility is to be located in
accordance with Section 39.2 of this Act. For purposes of this
subsection (c), and for purposes of Section 39.2 of this Act,
the appropriate county board or governing body of the
municipality shall be the county board of the county or the
governing body of the municipality in which the facility is to
be located as of the date when the application for siting
approval is filed.
In the event that siting approval granted pursuant to
Section 39.2 has been transferred to a subsequent owner or
operator, that subsequent owner or operator may apply to the
Agency for, and the Agency may grant, a development or
construction permit for the facility for which local siting
approval was granted. Upon application to the Agency for a
development or construction permit by that subsequent owner or
operator, the permit applicant shall cause written notice of
the permit application to be served upon the appropriate

county board or governing body of the municipality that
granted siting approval for that facility and upon any party
to the siting proceeding pursuant to which siting approval was
granted. In that event, the Agency shall conduct an evaluation
of the subsequent owner or operator's prior experience in
waste management operations in the manner conducted under
subsection (i) of Section 39 of this Act.
Beginning August 20, 1993, if the pollution control
facility consists of a hazardous or solid waste disposal
facility for which the proposed site is located in an
unincorporated area of a county with a population of less than
100,000 and includes all or a portion of a parcel of land that
was, on April 1, 1993, adjacent to a municipality having a
population of less than 5,000, then the local siting review
required under this subsection (c) in conjunction with any
permit applied for after that date shall be performed by the
governing body of that adjacent municipality rather than the
county board of the county in which the proposed site is
located; and for the purposes of that local siting review, any
references in this Act to the county board shall be deemed to
mean the governing body of that adjacent municipality;
provided, however, that the provisions of this paragraph shall
not apply to any proposed site which was, on April 1, 1993,
owned in whole or in part by another municipality.
In the case of a pollution control facility for which a
development permit was issued before November 12, 1981, if an

operating permit has not been issued by the Agency prior to
August 31, 1989 for any portion of the facility, then the
Agency may not issue or renew any development permit nor issue
an original operating permit for any portion of such facility
unless the applicant has submitted proof to the Agency that
the location of the facility has been approved by the
appropriate county board or municipal governing body pursuant
to Section 39.2 of this Act.
After January 1, 1994, if a solid waste disposal facility,
any portion for which an operating permit has been issued by
the Agency, has not accepted waste disposal for 5 or more
consecutive calendar years, before that facility may accept
any new or additional waste for disposal, the owner and
operator must obtain a new operating permit under this Act for
that facility unless the owner and operator have applied to
the Agency for a permit authorizing the temporary suspension
of waste acceptance. The Agency may not issue a new operation
permit under this Act for the facility unless the applicant
has submitted proof to the Agency that the location of the
facility has been approved or re-approved by the appropriate
county board or municipal governing body under Section 39.2 of
this Act after the facility ceased accepting waste.
Except for those facilities owned or operated by sanitary
districts organized under the Metropolitan Water Reclamation
District Act, and except for new pollution control facilities
governed by Section 39.2, and except for fossil fuel mining

facilities, the granting of a permit under this Act shall not
relieve the applicant from meeting and securing all necessary
zoning approvals from the unit of government having zoning
jurisdiction over the proposed facility.
Before beginning construction on any new sewage treatment
plant or sludge drying site to be owned or operated by a
sanitary district organized under the Metropolitan Water
Reclamation District Act for which a new permit (rather than
the renewal or amendment of an existing permit) is required,
such sanitary district shall hold a public hearing within the
municipality within which the proposed facility is to be
located, or within the nearest community if the proposed
facility is to be located within an unincorporated area, at
which information concerning the proposed facility shall be
made available to the public, and members of the public shall
be given the opportunity to express their views concerning the
proposed facility.
The Agency may issue a permit for a municipal waste
transfer station without requiring approval pursuant to
Section 39.2 provided that the following demonstration is
made:
(1) the municipal waste transfer station was in
existence on or before January 1, 1979 and was in
continuous operation from January 1, 1979 to January 1,
1993;
(2) the operator submitted a permit application to the

Agency to develop and operate the municipal waste transfer
station during April of 1994;
(3) the operator can demonstrate that the county board
of the county, if the municipal waste transfer station is
in an unincorporated area, or the governing body of the
municipality, if the station is in an incorporated area,
does not object to resumption of the operation of the
station; and
(4) the site has local zoning approval.
(d) The Agency may issue RCRA permits exclusively under
this subsection to persons owning or operating a facility for
the treatment, storage, or disposal of hazardous waste as
defined under this Act. Subsection (y) of this Section, rather
than this subsection (d), shall apply to permits issued for
CCR surface impoundments.
All RCRA permits shall contain those terms and conditions,
including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Resource Conservation and Recovery Act
of 1976 (P.L. 94-580), as amended, and regulations pursuant
thereto, and may include schedules for achieving compliance
therewith as soon as possible. The Agency shall require that a
performance bond or other security be provided as a condition
for the issuance of a RCRA permit.

In the case of a permit to operate a hazardous waste or PCB
incinerator as defined in subsection (k) of Section 44, the
Agency shall require, as a condition of the permit, that the
operator of the facility perform such analyses of the waste to
be incinerated as may be necessary and appropriate to ensure
the safe operation of the incinerator.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of RCRA
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Resource Conservation and
Recovery Act of 1976 (P.L. 94-580), as amended, and
regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(e) The Agency may issue UIC permits exclusively under
this subsection to persons owning or operating a facility for
the underground injection of contaminants as defined under
this Act.
All UIC permits shall contain those terms and conditions,

including, but not limited to, schedules of compliance, which
may be required to accomplish the purposes and provisions of
this Act. The Agency may include among such conditions
standards and other requirements established under this Act,
Board regulations, the Safe Drinking Water Act (P.L. 93-523),
as amended, and regulations pursuant thereto, and may include
schedules for achieving compliance therewith. The Agency shall
require that a performance bond or other security be provided
as a condition for the issuance of a UIC permit.
The Agency shall adopt filing requirements and procedures
which are necessary and appropriate for the issuance of UIC
permits, and which are consistent with the Act or regulations
adopted by the Board, and with the Safe Drinking Water Act
(P.L. 93-523), as amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection, all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of
trade secrets, at the office of the county board or governing
body of the municipality. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office. The Agency shall issue a
written statement concurrent with its grant or denial of the
permit explaining the basis for its decision.
(f) In making any determination pursuant to Section 9.1 of
this Act:
(1) The Agency shall have authority to make the

determination of any question required to be determined by
the Clean Air Act, as now or hereafter amended, this Act,
or the regulations of the Board, including the
determination of the Lowest Achievable Emission Rate,
Maximum Achievable Control Technology, or Best Available
Control Technology, consistent with the Board's
regulations, if any.
(2) The Agency shall adopt requirements as necessary
to implement public participation procedures, including,
but not limited to, public notice, comment, and an
opportunity for hearing, which must accompany the
processing of applications for PSD permits. The Agency
shall briefly describe and respond to all significant
comments on the draft permit raised during the public
comment period or during any hearing. The Agency may group
related comments together and provide one unified response
for each issue raised.
(3) Any complete permit application submitted to the
Agency under this subsection for a PSD permit shall be
granted or denied by the Agency not later than one year
after the filing of such completed application.
(4) The Agency shall, after conferring with the
applicant, give written notice to the applicant of its
proposed decision on the application, including the terms
and conditions of the permit to be issued and the facts,
conduct, or other basis upon which the Agency will rely to

support its proposed action.
(g) The Agency shall include as conditions upon all
permits issued for hazardous waste disposal sites such
restrictions upon the future use of such sites as are
reasonably necessary to protect public health and the
environment, including permanent prohibition of the use of
such sites for purposes which may create an unreasonable risk
of injury to human health or to the environment. After
administrative and judicial challenges to such restrictions
have been exhausted, the Agency shall file such restrictions
of record in the Office of the Recorder of the county in which
the hazardous waste disposal site is located.
(h) A hazardous waste stream may not be deposited in a
permitted hazardous waste site unless specific authorization
is obtained from the Agency by the generator and disposal site
owner and operator for the deposit of that specific hazardous
waste stream. The Agency may grant specific authorization for
disposal of hazardous waste streams only after the generator
has reasonably demonstrated that, considering technological
feasibility and economic reasonableness, the hazardous waste
cannot be reasonably recycled for reuse, nor incinerated or
chemically, physically, or biologically treated so as to
neutralize the hazardous waste and render it nonhazardous. In
granting authorization under this Section, the Agency may
impose such conditions as may be necessary to accomplish the
purposes of the Act and are consistent with this Act and

regulations promulgated by the Board hereunder. If the Agency
refuses to grant authorization under this Section, the
applicant may appeal as if the Agency refused to grant a
permit, pursuant to the provisions of subsection (a) of
Section 40 of this Act. For purposes of this subsection (h),
the term "generator" has the meaning given in Section 3.205 of
this Act, unless: (1) the hazardous waste is treated,
incinerated, or partially recycled for reuse prior to
disposal, in which case the last person who treats,
incinerates, or partially recycles the hazardous waste prior
to disposal is the generator; or (2) the hazardous waste is
from a response action, in which case the person performing
the response action is the generator. This subsection (h) does
not apply to any hazardous waste that is restricted from land
disposal under 35 Ill. Adm. Code 728.
(i) Before issuing any RCRA permit, any permit for a waste
storage site, sanitary landfill, waste disposal site, waste
transfer station, waste treatment facility, waste incinerator,
or any waste-transportation operation, any permit or interim
authorization for a clean construction or demolition debris
fill operation, or any permit required under subsection (d-5)
of Section 55, the Agency shall conduct an evaluation of the
prospective owner's or operator's prior experience in waste
management operations, clean construction or demolition debris
fill operations, and tire storage site management. The Agency
may deny such a permit, or deny or revoke interim

authorization, if the prospective owner or operator or any
employee or officer of the prospective owner or operator has a
history of:
(1) repeated violations of federal, State, or local
laws, regulations, standards, or ordinances in the
operation of waste management facilities or sites, clean
construction or demolition debris fill operation
facilities or sites, or tire storage sites; or
(2) conviction in this or another State of any crime
which is a felony under the laws of this State, or
conviction of a felony in a federal court; or conviction
in this or another state or federal court of any of the
following crimes: forgery, official misconduct, bribery,
perjury, or knowingly submitting false information under
any environmental law, regulation, or permit term or
condition; or
(3) proof of gross carelessness or incompetence in
handling, storing, processing, transporting, or disposing
of waste, clean construction or demolition debris, or used
or waste tires, or proof of gross carelessness or
incompetence in using clean construction or demolition
debris as fill.
(i-5) Before issuing any permit or approving any interim
authorization for a clean construction or demolition debris
fill operation in which any ownership interest is transferred
between January 1, 2005, and the effective date of the

prohibition set forth in Section 22.52 of this Act, the Agency
shall conduct an evaluation of the operation if any previous
activities at the site or facility may have caused or allowed
contamination of the site. It shall be the responsibility of
the owner or operator seeking the permit or interim
authorization to provide to the Agency all of the information
necessary for the Agency to conduct its evaluation. The Agency
may deny a permit or interim authorization if previous
activities at the site may have caused or allowed
contamination at the site, unless such contamination is
authorized under any permit issued by the Agency.
(j) The issuance under this Act of a permit to engage in
the surface mining of any resources other than fossil fuels
shall not relieve the permittee from its duty to comply with
any applicable local law regulating the commencement,
location, or operation of surface mining facilities.
(k) A development permit issued under subsection (a) of
Section 39 for any facility or site which is required to have a
permit under subsection (d) of Section 21 shall expire at the
end of 2 calendar years from the date upon which it was issued,
unless within that period the applicant has taken action to
develop the facility or the site. In the event that review of
the conditions of the development permit is sought pursuant to
Section 40 or 41, or permittee is prevented from commencing
development of the facility or site by any other litigation
beyond the permittee's control, such two-year period shall be

deemed to begin on the date upon which such review process or
litigation is concluded.
(l) No permit shall be issued by the Agency under this Act
for construction or operation of any facility or site located
within the boundaries of any setback zone established pursuant
to this Act, where such construction or operation is
prohibited.
(m) The Agency may issue permits to persons owning or
operating a facility for composting landscape waste. In
granting such permits, the Agency may impose such conditions
as may be necessary to accomplish the purposes of this Act, and
as are not inconsistent with applicable regulations
promulgated by the Board. Except as otherwise provided in this
Act, a bond or other security shall not be required as a
condition for the issuance of a permit. If the Agency denies
any permit pursuant to this subsection, the Agency shall
transmit to the applicant within the time limitations of this
subsection specific, detailed statements as to the reasons the
permit application was denied. Such statements shall include
but not be limited to the following:
(1) the Sections of this Act that may be violated if
the permit were granted;
(2) the specific regulations promulgated pursuant to
this Act that may be violated if the permit were granted;
(3) the specific information, if any, the Agency deems
the applicant did not provide in its application to the

Agency; and
(4) a statement of specific reasons why the Act and
the regulations might be violated if the permit were
granted.
If no final action is taken by the Agency within 90 days
after the filing of the application for permit, the applicant
may deem the permit issued. Any applicant for a permit may
waive the 90-day limitation by filing a written statement with
the Agency.
The Agency shall issue permits for such facilities upon
receipt of an application that includes a legal description of
the site, a topographic map of the site drawn to the scale of
200 feet to the inch or larger, a description of the operation,
including the area served, an estimate of the volume of
materials to be processed, and documentation that:
(1) the facility includes a setback of at least 200
feet from the nearest potable water supply well;
(2) the facility is located outside the boundary of
the 10-year floodplain or the site will be floodproofed;
(3) the facility is located so as to minimize
incompatibility with the character of the surrounding
area, including at least a 200 foot setback from any
residence, and in the case of a facility that is developed
or the permitted composting area of which is expanded
after November 17, 1991, the composting area is located at
least 1/8 mile from the nearest residence (other than a

residence located on the same property as the facility);
(4) the design of the facility will prevent any
compost material from being placed within 5 feet of the
water table, will adequately control runoff from the site,
and will collect and manage any leachate that is generated
on the site;
(5) the operation of the facility will include
appropriate dust and odor control measures, limitations on
operating hours, appropriate noise control measures for
shredding, chipping and similar equipment, management
procedures for composting, containment and disposal of
non-compostable wastes, procedures to be used for
terminating operations at the site, and recordkeeping
sufficient to document the amount of materials received,
composted, and otherwise disposed of; and
(6) the operation will be conducted in accordance with
any applicable rules adopted by the Board.
The Agency shall issue renewable permits of not longer
than 10 years in duration for the composting of landscape
wastes, as defined in Section 3.155 of this Act, based on the
above requirements.
The operator of any facility permitted under this
subsection (m) must submit a written annual statement to the
Agency on or before April 1 of each year that includes an
estimate of the amount of material, in tons, received for
composting.

(n) The Agency shall issue permits jointly with the
Department of Transportation for the dredging or deposit of
material in Lake Michigan in accordance with Section 18 of the
Rivers, Lakes, and Streams Act.
(o) (Blank).)
(p) (1) Any person submitting an application for a permit
for a new MSWLF unit or for a lateral expansion under
subsection (t) of Section 21 of this Act for an existing MSWLF
unit that has not received and is not subject to local siting
approval under Section 39.2 of this Act shall publish notice
of the application in a newspaper of general circulation in
the county in which the MSWLF unit is or is proposed to be
located. The notice must be published at least 15 days before
submission of the permit application to the Agency. The notice
shall state the name and address of the applicant, the
location of the MSWLF unit or proposed MSWLF unit, the nature
and size of the MSWLF unit or proposed MSWLF unit, the nature
of the activity proposed, the probable life of the proposed
activity, the date the permit application will be submitted,
and a statement that persons may file written comments with
the Agency concerning the permit application within 30 days
after the filing of the permit application unless the time
period to submit comments is extended by the Agency.
When a permit applicant submits information to the Agency
to supplement a permit application being reviewed by the
Agency, the applicant shall not be required to reissue the

notice under this subsection.
(2) The Agency shall accept written comments concerning
the permit application that are postmarked no later than 30
days after the filing of the permit application, unless the
time period to accept comments is extended by the Agency.
(3) Each applicant for a permit described in part (1) of
this subsection shall file a copy of the permit application
with the county board or governing body of the municipality in
which the MSWLF unit is or is proposed to be located at the
same time the application is submitted to the Agency. The
permit application filed with the county board or governing
body of the municipality shall include all documents submitted
to or to be submitted to the Agency, except trade secrets as
determined under Section 7.1 of this Act. The permit
application and other documents on file with the county board
or governing body of the municipality shall be made available
for public inspection during regular business hours at the
office of the county board or the governing body of the
municipality and may be copied upon payment of the actual cost
of reproduction.
(q) Within 6 months after July 12, 2011 (the effective
date of Public Act 97-95), the Agency, in consultation with
the regulated community, shall develop a web portal to be
posted on its website for the purpose of enhancing review and
promoting timely issuance of permits required by this Act. At
a minimum, the Agency shall make the following information

available on the web portal:
(1) Checklists and guidance relating to the completion
of permit applications, developed pursuant to subsection
(s) of this Section, which may include, but are not
limited to, existing instructions for completing the
applications and examples of complete applications. As the
Agency develops new checklists and develops guidance, it
shall supplement the web portal with those materials.
(2) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), permit application forms or
portions of permit applications that can be completed and
saved electronically, and submitted to the Agency
electronically with digital signatures.
(3) Within 2 years after July 12, 2011 (the effective
date of Public Act 97-95), an online tracking system where
an applicant may review the status of its pending
application, including the name and contact information of
the permit analyst assigned to the application. Until the
online tracking system has been developed, the Agency
shall post on its website semi-annual permitting
efficiency tracking reports that include statistics on the
timeframes for Agency action on the following types of
permits received after July 12, 2011 (the effective date
of Public Act 97-95): air construction permits, new NPDES
permits and associated water construction permits, and
modifications of major NPDES permits and associated water

construction permits. The reports must be posted by
February 1 and August 1 each year and shall include:
(A) the number of applications received for each
type of permit, the number of applications on which
the Agency has taken action, and the number of
applications still pending; and
(B) for those applications where the Agency has
not taken action in accordance with the timeframes set
forth in this Act, the date the application was
received and the reasons for any delays, which may
include, but shall not be limited to, (i) the
application being inadequate or incomplete, (ii)
scientific or technical disagreements with the
applicant, USEPA, or other local, state, or federal
agencies involved in the permitting approval process,
(iii) public opposition to the permit, or (iv) Agency
staffing shortages. To the extent practicable, the
tracking report shall provide approximate dates when
cause for delay was identified by the Agency, when the
Agency informed the applicant of the problem leading
to the delay, and when the applicant remedied the
reason for the delay.
(r) Upon the request of the applicant, the Agency shall
notify the applicant of the permit analyst assigned to the
application upon its receipt.
(s) The Agency is authorized to prepare and distribute

guidance documents relating to its administration of this
Section and procedural rules implementing this Section.
Guidance documents prepared under this subsection shall not be
considered rules and shall not be subject to the Illinois
Administrative Procedure Act. Such guidance shall not be
binding on any party.
(t) Except as otherwise prohibited by federal law or
regulation, any person submitting an application for a permit
may include with the application suggested permit language for
Agency consideration. The Agency is not obligated to use the
suggested language or any portion thereof in its permitting
decision. If requested by the permit applicant, the Agency
shall meet with the applicant to discuss the suggested
language.
(u) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the draft permit
prior to any public review period.
(v) If requested by the permit applicant, the Agency shall
provide the permit applicant with a copy of the final permit
prior to its issuance.
(w) An air pollution permit shall not be required due to
emissions of greenhouse gases, as specified by Section 9.15 of
this Act.
(x) If, before the expiration of a State operating permit
that is issued pursuant to subsection (a) of this Section and
contains federally enforceable conditions limiting the

potential to emit of the source to a level below the major
source threshold for that source so as to exclude the source
from the Clean Air Act Permit Program, the Agency receives a
complete application for the renewal of that permit, then all
of the terms and conditions of the permit shall remain in
effect until final administrative action has been taken on the
application for the renewal of the permit.
(y) The Agency may issue permits exclusively under this
subsection to persons owning or operating a CCR surface
impoundment subject to Section 22.59.
(z) If a mass animal mortality event is declared by the
Department of Agriculture in accordance with the Animal
Mortality Act:
(1) the owner or operator responsible for the disposal
of dead animals is exempted from the following:
(i) obtaining a permit for the construction,
installation, or operation of any type of facility or
equipment issued in accordance with subsection (a) of
this Section;
(ii) obtaining a permit for open burning in
accordance with the rules adopted by the Board; and
(iii) registering the disposal of dead animals as
an eligible small source with the Agency in accordance
with Section 9.14 of this Act;
(2) as applicable, the owner or operator responsible
for the disposal of dead animals is required to obtain the

following permits:
(i) an NPDES permit in accordance with subsection
(b) of this Section;
(ii) a PSD permit or an NA NSR permit in accordance
with Section 9.1 of this Act;
(iii) a lifetime State operating permit or a
federally enforceable State operating permit, in
accordance with subsection (a) of this Section; or
(iv) a CAAPP permit, in accordance with Section
39.5 of this Act.
All CCR surface impoundment permits shall contain those
terms and conditions, including, but not limited to, schedules
of compliance, which may be required to accomplish the
purposes and provisions of this Act, Board regulations, the
Illinois Groundwater Protection Act and regulations pursuant
thereto, and the Resource Conservation and Recovery Act and
regulations pursuant thereto, and may include schedules for
achieving compliance therewith as soon as possible.
The Board shall adopt filing requirements and procedures
that are necessary and appropriate for the issuance of CCR
surface impoundment permits and that are consistent with this
Act or regulations adopted by the Board, and with the RCRA, as
amended, and regulations pursuant thereto.
The applicant shall make available to the public for
inspection all documents submitted by the applicant to the
Agency in furtherance of an application, with the exception of

trade secrets, on its public internet website as well as at the
office of the county board or governing body of the
municipality where CCR from the CCR surface impoundment will
be permanently disposed. Such documents may be copied upon
payment of the actual cost of reproduction during regular
business hours of the local office.
The Agency shall issue a written statement concurrent with
its grant or denial of the permit explaining the basis for its
decision.
(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
102-558, eff. 8-20-21; revised 12-1-21.)
Section 550. The Electric Vehicle Rebate Act is amended by
changing Section 15 as follows:
(415 ILCS 120/15)
Sec. 15. Rulemaking. The Agency shall promulgate rules as
necessary and dedicate sufficient resources to implement
Section 27 of this Act. Such rules shall be consistent with
applicable provisions of the Clean Air Act and any regulations
promulgated pursuant thereto. The Secretary of State may
promulgate rules to implement Section 35 of this Act. Agency
(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21;
revised 10-14-21.)
Section 555. The Firearm Owners Identification Card Act is

amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 8, 8.3, 9.5,
10, 11, and 13.2 as follows:
(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
Sec. 1.1. For purposes of this Act:
"Addicted to narcotics" means a person who has been:
(1) convicted of an offense involving the use or
possession of cannabis, a controlled substance, or
methamphetamine within the past year; or
(2) determined by the Illinois State Police to be
addicted to narcotics based upon federal law or federal
guidelines.
"Addicted to narcotics" does not include possession or use
of a prescribed controlled substance under the direction and
authority of a physician or other person authorized to
prescribe the controlled substance when the controlled
substance is used in the prescribed manner.
"Adjudicated as a person with a mental disability" means
the person is the subject of a determination by a court, board,
commission or other lawful authority that the person, as a
result of marked subnormal intelligence, or mental illness,
mental impairment, incompetency, condition, or disease:
(1) presents a clear and present danger to himself,
herself, or to others;
(2) lacks the mental capacity to manage his or her own
affairs or is adjudicated a person with a disability as

defined in Section 11a-2 of the Probate Act of 1975;
(3) is not guilty in a criminal case by reason of
insanity, mental disease or defect;
(3.5) is guilty but mentally ill, as provided in
Section 5-2-6 of the Unified Code of Corrections;
(4) is incompetent to stand trial in a criminal case;
(5) is not guilty by reason of lack of mental
responsibility under Articles 50a and 72b of the Uniform
Code of Military Justice, 10 U.S.C. 850a, 876b;
(6) is a sexually violent person under subsection (f)
of Section 5 of the Sexually Violent Persons Commitment
Act;
(7) is a sexually dangerous person under the Sexually
Dangerous Persons Act;
(8) is unfit to stand trial under the Juvenile Court
Act of 1987;
(9) is not guilty by reason of insanity under the
Juvenile Court Act of 1987;
(10) is subject to involuntary admission as an
inpatient as defined in Section 1-119 of the Mental Health
and Developmental Disabilities Code;
(11) is subject to involuntary admission as an
outpatient as defined in Section 1-119.1 of the Mental
Health and Developmental Disabilities Code;
(12) is subject to judicial admission as set forth in
Section 4-500 of the Mental Health and Developmental

Disabilities Code; or
(13) is subject to the provisions of the Interstate
Agreements on Sexually Dangerous Persons Act.
"Clear and present danger" means a person who:
(1) communicates a serious threat of physical violence
against a reasonably identifiable victim or poses a clear
and imminent risk of serious physical injury to himself,
herself, or another person as determined by a physician,
clinical psychologist, or qualified examiner; or
(2) demonstrates threatening physical or verbal
behavior, such as violent, suicidal, or assaultive
threats, actions, or other behavior, as determined by a
physician, clinical psychologist, qualified examiner,
school administrator, or law enforcement official.
"Clinical psychologist" has the meaning provided in
Section 1-103 of the Mental Health and Developmental
Disabilities Code.
"Controlled substance" means a controlled substance or
controlled substance analog as defined in the Illinois
Controlled Substances Act.
"Counterfeit" means to copy or imitate, without legal
authority, with intent to deceive.
"Federally licensed firearm dealer" means a person who is
licensed as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 (18 U.S.C. 923).
"Firearm" means any device, by whatever name known, which

is designed to expel a projectile or projectiles by the action
of an explosion, expansion of gas or escape of gas; excluding,
however:
(1) any pneumatic gun, spring gun, paint ball gun, or
B-B gun which expels a single globular projectile not
exceeding .18 inch in diameter or which has a maximum
muzzle velocity of less than 700 feet per second;
(1.1) any pneumatic gun, spring gun, paint ball gun,
or B-B gun which expels breakable paint balls containing
washable marking colors;
(2) any device used exclusively for signaling or
safety and required or recommended by the United States
Coast Guard or the Interstate Commerce Commission;
(3) any device used exclusively for the firing of stud
cartridges, explosive rivets or similar industrial
ammunition; and
(4) an antique firearm (other than a machine-gun)
which, although designed as a weapon, the Illinois State
Police finds by reason of the date of its manufacture,
value, design, and other characteristics is primarily a
collector's item and is not likely to be used as a weapon.
"Firearm ammunition" means any self-contained cartridge or
shotgun shell, by whatever name known, which is designed to be
used or adaptable to use in a firearm; excluding, however:
(1) any ammunition exclusively designed for use with a
device used exclusively for signaling signalling or safety

and required or recommended by the United States Coast
Guard or the Interstate Commerce Commission; and
(2) any ammunition designed exclusively for use with a
stud or rivet driver or other similar industrial
ammunition.
"Gun show" means an event or function:
(1) at which the sale and transfer of firearms is the
regular and normal course of business and where 50 or more
firearms are displayed, offered, or exhibited for sale,
transfer, or exchange; or
(2) at which not less than 10 gun show vendors
display, offer, or exhibit for sale, sell, transfer, or
exchange firearms.
"Gun show" includes the entire premises provided for an
event or function, including parking areas for the event or
function, that is sponsored to facilitate the purchase, sale,
transfer, or exchange of firearms as described in this
Section. Nothing in this definition shall be construed to
exclude a gun show held in conjunction with competitive
shooting events at the World Shooting Complex sanctioned by a
national governing body in which the sale or transfer of
firearms is authorized under subparagraph (5) of paragraph (g)
of subsection (A) of Section 24-3 of the Criminal Code of 2012.
Unless otherwise expressly stated, "gun show" does not
include training or safety classes, competitive shooting
events, such as rifle, shotgun, or handgun matches, trap,

skeet, or sporting clays shoots, dinners, banquets, raffles,
or any other event where the sale or transfer of firearms is
not the primary course of business.
"Gun show promoter" means a person who organizes or
operates a gun show.
"Gun show vendor" means a person who exhibits, sells,
offers for sale, transfers, or exchanges any firearms at a gun
show, regardless of whether the person arranges with a gun
show promoter for a fixed location from which to exhibit,
sell, offer for sale, transfer, or exchange any firearm.
"Involuntarily admitted" has the meaning as prescribed in
Sections 1-119 and 1-119.1 of the Mental Health and
Developmental Disabilities Code.
"Mental health facility" means any licensed private
hospital or hospital affiliate, institution, or facility, or
part thereof, and any facility, or part thereof, operated by
the State or a political subdivision thereof which provides
provide treatment of persons with mental illness and includes
all hospitals, institutions, clinics, evaluation facilities,
mental health centers, colleges, universities, long-term care
facilities, and nursing homes, or parts thereof, which provide
treatment of persons with mental illness whether or not the
primary purpose is to provide treatment of persons with mental
illness.
"National governing body" means a group of persons who
adopt rules and formulate policy on behalf of a national

firearm sporting organization.
"Patient" means:
(1) a person who is admitted as an inpatient or
resident of a public or private mental health facility for
mental health treatment under Chapter III of the Mental
Health and Developmental Disabilities Code as an informal
admission, a voluntary admission, a minor admission, an
emergency admission, or an involuntary admission, unless
the treatment was solely for an alcohol abuse disorder; or
(2) a person who voluntarily or involuntarily receives
mental health treatment as an out-patient or is otherwise
provided services by a public or private mental health
facility, and who poses a clear and present danger to
himself, herself, or to others.
"Person with a developmental disability" means a person
with a disability which is attributable to any other condition
which results in impairment similar to that caused by an
intellectual disability and which requires services similar to
those required by persons with intellectual disabilities. The
disability must originate before the age of 18 years, be
expected to continue indefinitely, and constitute a
substantial disability. This disability results, in the
professional opinion of a physician, clinical psychologist, or
qualified examiner, in significant functional limitations in 3
or more of the following areas of major life activity:
(i) self-care;

(ii) receptive and expressive language;
(iii) learning;
(iv) mobility; or
(v) self-direction.
"Person with an intellectual disability" means a person
with a significantly subaverage general intellectual
functioning which exists concurrently with impairment in
adaptive behavior and which originates before the age of 18
years.
"Physician" has the meaning as defined in Section 1-120 of
the Mental Health and Developmental Disabilities Code.
"Protective order" means any orders of protection issued
under the Illinois Domestic Violence Act of 1986, stalking no
contact orders issued under the Stalking No Contact Order Act,
civil no contact orders issued under the Civil No Contact
Order Act, and firearms restraining orders issued under the
Firearms Restraining Order Act.
"Qualified examiner" has the meaning provided in Section
1-122 of the Mental Health and Developmental Disabilities
Code.
"Sanctioned competitive shooting event" means a shooting
contest officially recognized by a national or state shooting
sport association, and includes any sight-in or practice
conducted in conjunction with the event.
"School administrator" means the person required to report
under the School Administrator Reporting of Mental Health

Clear and Present Danger Determinations Law.
"Stun gun or taser" has the meaning ascribed to it in
Section 24-1 of the Criminal Code of 2012.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-6-21.)
(430 ILCS 65/3) (from Ch. 38, par. 83-3)
(Text of Section before amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois State Police under the provisions of this Act; or (2)
a currently valid license to carry a concealed firearm which
has previously been issued in his or her name by the Illinois
State Police under the Firearm Concealed Carry Act. In
addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.

(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card. This subsection shall not
be effective until January 1, 2014. The Illinois State Police
may adopt rules concerning the implementation of this
subsection. The Illinois State Police shall provide the seller
or transferor an approval number if the purchaser's Firearm
Owner's Identification Card is valid. Approvals issued by the
Illinois State Police Department for the purchase of a firearm
pursuant to this subsection are valid for 30 days from the date
of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer

is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $10 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and

the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police
Department shall have the Internet-based system completed and
available for use by July 1, 2015. The Illinois State Police
Department shall adopt rules not inconsistent with this
Section to implement this system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Such record shall contain the date of the
transfer; the description, serial number or other information
identifying the firearm, stun gun, or taser if no serial

number is available; and, if the transfer was completed within
this State, the transferee's Firearm Owner's Identification
Card number and any approval number or documentation provided
by the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.
On demand of a peace officer such transferor shall produce for
inspection such record of transfer. If the transfer or sale
took place at a gun show, the record shall include the unique
identification number. Failure to record the unique
identification number or approval number is a petty offense.
For transfers of a firearm, stun gun, or taser made on or after
January 18, 2019 (the effective date of Public Act 100-1178)
this amendatory Act of the 100th General Assembly, failure by
the private seller to maintain the transfer records in
accordance with this Section is a Class A misdemeanor for the
first offense and a Class 4 felony for a second or subsequent
offense. A transferee shall not be criminally liable under
this Section provided that he or she provides the Illinois
State Police with the transfer records in accordance with
procedures established by the Illinois State Police
Department. The Illinois State Police Department shall
establish, by rule, a standard form on its website.
(b-5) Any resident may purchase ammunition from a person

within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-538, eff. 8-20-21; revised 10-13-21.)
(Text of Section after amendment by P.A. 102-237)
Sec. 3. (a) Except as provided in Section 3a, no person may
knowingly transfer, or cause to be transferred, any firearm,
firearm ammunition, stun gun, or taser to any person within
this State unless the transferee with whom he deals displays
either: (1) a currently valid Firearm Owner's Identification
Card which has previously been issued in his or her name by the
Illinois State Police under the provisions of this Act; or (2)
a currently valid license to carry a concealed firearm which
has previously been issued in his or her name by the Illinois
State Police under the Firearm Concealed Carry Act. In

addition, all firearm, stun gun, and taser transfers by
federally licensed firearm dealers are subject to Section 3.1.
(a-5) Any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm while that
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law, including the National Instant Criminal Background Check
System. This subsection shall not be effective until January
1, 2024. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The

Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police Department for the purchase of a firearm pursuant
to this subsection are valid for 30 days from the date of
issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,

grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification

Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police
Department shall have the Internet-based system updated and
available for use by January 1, 2024. The Illinois State
Police shall adopt rules not inconsistent with this Section to
implement this system; but no rule shall allow the Illinois
State Police to retain records in contravention of State and
federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police Department
shall adopt rules not inconsistent with this Section to
implement this system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Any person within this State who receives any
firearm, stun gun, or taser pursuant to subsection (a-10)

shall provide a record of the transfer within 10 days of the
transfer to a federally licensed firearm dealer and shall not
be required to maintain a transfer record. The federally
licensed firearm dealer shall maintain the transfer record for
20 years from the date of receipt. A federally licensed
firearm dealer may charge a fee not to exceed $25 to retain the
record. The record shall be provided and maintained in either
an electronic or paper format. The federally licensed firearm
dealer shall not be liable for the accuracy of any information
in the transfer record submitted pursuant to this Section.
Such records shall contain the date of the transfer; the
description, serial number or other information identifying
the firearm, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.
On demand of a peace officer such transferor shall produce for
inspection such record of transfer. For any transfer pursuant
to subsection (a-10) of this Section, on the demand of a peace
officer, such transferee shall identify the federally licensed
firearm dealer maintaining the transfer record. If the

transfer or sale took place at a gun show, the record shall
include the unique identification number. Failure to record
the unique identification number or approval number is a petty
offense. For transfers of a firearm, stun gun, or taser made on
or after January 18, 2019 (the effective date of Public Act
100-1178) this amendatory Act of the 100th General Assembly,
failure by the private seller to maintain the transfer records
in accordance with this Section, or failure by a transferee
pursuant to subsection a-10 of this Section to identify the
federally licensed firearm dealer maintaining the transfer
record, is a Class A misdemeanor for the first offense and a
Class 4 felony for a second or subsequent offense occurring
within 10 years of the first offense and the second offense was
committed after conviction of the first offense. Whenever any
person who has not previously been convicted of any violation
of subsection (a-5), the court may grant supervision pursuant
to and consistent with the limitations of Section 5-6-1 of the
Unified Code of Corrections. A transferee or transferor shall
not be criminally liable under this Section provided that he
or she provides the Illinois State Police with the transfer
records in accordance with procedures established by the
Illinois State Police Department. The Illinois State Police
Department shall establish, by rule, a standard form on its
website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States

mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
revised 10-13-21.)
(430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
Sec. 3.1. Firearm Transfer Inquiry Program.
(a) The Illinois State Police shall provide a dial up
telephone system or utilize other existing technology which
shall be used by any federally licensed firearm dealer, gun
show promoter, or gun show vendor who is to transfer a firearm,
stun gun, or taser under the provisions of this Act. The
Illinois State Police may utilize existing technology which
allows the caller to be charged a fee not to exceed $2. Fees
collected by the Illinois State Police shall be deposited in
the State Police Firearm Services Fund and used to provide the

service.
(b) Upon receiving a request from a federally licensed
firearm dealer, gun show promoter, or gun show vendor, the
Illinois State Police shall immediately approve, or, within
the time period established by Section 24-3 of the Criminal
Code of 2012 regarding the delivery of firearms, stun guns,
and tasers, notify the inquiring dealer, gun show promoter, or
gun show vendor of any objection that would disqualify the
transferee from acquiring or possessing a firearm, stun gun,
or taser. In conducting the inquiry, the Illinois State Police
shall initiate and complete an automated search of its
criminal history record information files and those of the
Federal Bureau of Investigation, including the National
Instant Criminal Background Check System, and of the files of
the Department of Human Services relating to mental health and
developmental disabilities to obtain any felony conviction or
patient hospitalization information which would disqualify a
person from obtaining or require revocation of a currently
valid Firearm Owner's Identification Card.
(b-5) By January 1, 2023, the Illinois State Police shall
by rule provide a process for the automatic renewal of the
Firearm Owner's Identification Card of a person at the time of
an inquiry in subsection (b). Persons eligible for this
process must have a set of fingerprints on file with their
applications application under either subsection (a-25) of
Section 4 or the Firearm Concealed Carry Act.

(c) If receipt of a firearm would not violate Section 24-3
of the Criminal Code of 2012, federal law, or this Act, the
Illinois State Police shall:
(1) assign a unique identification number to the
transfer; and
(2) provide the licensee, gun show promoter, or gun
show vendor with the number.
(d) Approvals issued by the Illinois State Police for the
purchase of a firearm are valid for 30 days from the date of
issue.
(e) (1) The Illinois State Police must act as the Illinois
Point of Contact for the National Instant Criminal Background
Check System.
(2) The Illinois State Police and the Department of Human
Services shall, in accordance with State and federal law
regarding confidentiality, enter into a memorandum of
understanding with the Federal Bureau of Investigation for the
purpose of implementing the National Instant Criminal
Background Check System in the State. The Illinois State
Police shall report the name, date of birth, and physical
description of any person prohibited from possessing a firearm
pursuant to the Firearm Owners Identification Card Act or 18
U.S.C. 922(g) and (n) to the National Instant Criminal
Background Check System Index, Denied Persons Files.
(3) The Illinois State Police shall provide notice of the
disqualification of a person under subsection (b) of this

Section or the revocation of a person's Firearm Owner's
Identification Card under Section 8 or Section 8.2 of this
Act, and the reason for the disqualification or revocation, to
all law enforcement agencies with jurisdiction to assist with
the seizure of the person's Firearm Owner's Identification
Card.
(f) The Illinois State Police shall adopt rules not
inconsistent with this Section to implement this system.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-13-21.)
(430 ILCS 65/4) (from Ch. 38, par. 83-4)
Sec. 4. Application for Firearm Owner's Identification
Cards.
(a) Each applicant for a Firearm Owner's Identification
Card must:
(1) Submit an application as made available by the
Illinois State Police; and
(2) Submit evidence to the Illinois State Police that:
(i) This subparagraph (i) applies through the
180th day following July 12, 2019 (the effective date
of Public Act 101-80) this amendatory Act of the 101st
General Assembly. He or she is 21 years of age or over,
or if he or she is under 21 years of age that he or she
has the written consent of his or her parent or legal
guardian to possess and acquire firearms and firearm

ammunition and that he or she has never been convicted
of a misdemeanor other than a traffic offense or
adjudged delinquent, provided, however, that such
parent or legal guardian is not an individual
prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Department as prescribed by the Department stating
that he or she is not an individual prohibited from
having a Card;
(i-5) This subparagraph (i-5) applies on and after
the 181st day following July 12, 2019 (the effective
date of Public Act 101-80) this amendatory Act of the
101st General Assembly. He or she is 21 years of age or
over, or if he or she is under 21 years of age that he
or she has never been convicted of a misdemeanor other
than a traffic offense or adjudged delinquent and is
an active duty member of the United States Armed
Forces or has the written consent of his or her parent
or legal guardian to possess and acquire firearms and
firearm ammunition, provided, however, that such
parent or legal guardian is not an individual
prohibited from having a Firearm Owner's
Identification Card and files an affidavit with the
Illinois State Police Department as prescribed by the
Illinois State Police Department stating that he or
she is not an individual prohibited from having a Card

or the active duty member of the United States Armed
Forces under 21 years of age annually submits proof to
the Illinois State Police, in a manner prescribed by
the Illinois State Police Department;
(ii) He or she has not been convicted of a felony
under the laws of this or any other jurisdiction;
(iii) He or she is not addicted to narcotics;
(iv) He or she has not been a patient in a mental
health facility within the past 5 years or, if he or
she has been a patient in a mental health facility more
than 5 years ago submit the certification required
under subsection (u) of Section 8 of this Act;
(v) He or she is not a person with an intellectual
disability;
(vi) He or she is not an alien who is unlawfully
present in the United States under the laws of the
United States;
(vii) He or she is not subject to an existing order
of protection prohibiting him or her from possessing a
firearm;
(viii) He or she has not been convicted within the
past 5 years of battery, assault, aggravated assault,
violation of an order of protection, or a
substantially similar offense in another jurisdiction,
in which a firearm was used or possessed;
(ix) He or she has not been convicted of domestic

battery, aggravated domestic battery, or a
substantially similar offense in another jurisdiction
committed before, on or after January 1, 2012 (the
effective date of Public Act 97-158). If the applicant
knowingly and intelligently waives the right to have
an offense described in this clause (ix) tried by a
jury, and by guilty plea or otherwise, results in a
conviction for an offense in which a domestic
relationship is not a required element of the offense
but in which a determination of the applicability of
18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
the Code of Criminal Procedure of 1963, an entry by the
court of a judgment of conviction for that offense
shall be grounds for denying the issuance of a Firearm
Owner's Identification Card under this Section;
(x) (Blank);
(xi) He or she is not an alien who has been
admitted to the United States under a non-immigrant
visa (as that term is defined in Section 101(a)(26) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(26))), or that he or she is an alien who has
been lawfully admitted to the United States under a
non-immigrant visa if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign

government who is:
(A) accredited to the United States
Government or the Government's mission to an
international organization having its
headquarters in the United States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United
States on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to
18 U.S.C. 922(y)(3);
(xii) He or she is not a minor subject to a
petition filed under Section 5-520 of the Juvenile
Court Act of 1987 alleging that the minor is a
delinquent minor for the commission of an offense that
if committed by an adult would be a felony;
(xiii) He or she is not an adult who had been
adjudicated a delinquent minor under the Juvenile
Court Act of 1987 for the commission of an offense that
if committed by an adult would be a felony;
(xiv) He or she is a resident of the State of

Illinois;
(xv) He or she has not been adjudicated as a person
with a mental disability;
(xvi) He or she has not been involuntarily
admitted into a mental health facility; and
(xvii) He or she is not a person with a
developmental disability; and
(3) Upon request by the Illinois State Police, sign a
release on a form prescribed by the Illinois State Police
waiving any right to confidentiality and requesting the
disclosure to the Illinois State Police of limited mental
health institution admission information from another
state, the District of Columbia, any other territory of
the United States, or a foreign nation concerning the
applicant for the sole purpose of determining whether the
applicant is or was a patient in a mental health
institution and disqualified because of that status from
receiving a Firearm Owner's Identification Card. No mental
health care or treatment records may be requested. The
information received shall be destroyed within one year of
receipt.
(a-5) Each applicant for a Firearm Owner's Identification
Card who is over the age of 18 shall furnish to the Illinois
State Police either his or her Illinois driver's license
number or Illinois Identification Card number, except as
provided in subsection (a-10).

(a-10) Each applicant for a Firearm Owner's Identification
Card, who is employed as a law enforcement officer, an armed
security officer in Illinois, or by the United States Military
permanently assigned in Illinois and who is not an Illinois
resident, shall furnish to the Illinois State Police his or
her driver's license number or state identification card
number from his or her state of residence. The Illinois State
Police may adopt rules to enforce the provisions of this
subsection (a-10).
(a-15) If an applicant applying for a Firearm Owner's
Identification Card moves from the residence address named in
the application, he or she shall immediately notify in a form
and manner prescribed by the Illinois State Police of that
change of address.
(a-20) Each applicant for a Firearm Owner's Identification
Card shall furnish to the Illinois State Police his or her
photograph. An applicant who is 21 years of age or older
seeking a religious exemption to the photograph requirement
must furnish with the application an approved copy of United
States Department of the Treasury Internal Revenue Service
Form 4029. In lieu of a photograph, an applicant regardless of
age seeking a religious exemption to the photograph
requirement shall submit fingerprints on a form and manner
prescribed by the Illinois State Police Department with his or
her application.
(a-25) Beginning January 1, 2023, each applicant for the

issuance of a Firearm Owner's Identification Card may include
a full set of his or her fingerprints in electronic format to
the Illinois State Police, unless the applicant has previously
provided a full set of his or her fingerprints to the Illinois
State Police under this Act or the Firearm Concealed Carry
Act.
The fingerprints must be transmitted through a live scan
fingerprint vendor licensed by the Department of Financial and
Professional Regulation. The fingerprints shall be checked
against the fingerprint records now and hereafter filed in the
Illinois State Police and Federal Bureau of Investigation
criminal history records databases, including all available
State and local criminal history record information files.
The Illinois State Police shall charge applicants a
one-time fee for conducting the criminal history record check,
which shall be deposited into the State Police Services Fund
and shall not exceed the actual cost of the State and national
criminal history record check.
(a-26) The Illinois State Police shall research, explore,
and report to the General Assembly by January 1, 2022 on the
feasibility of permitting voluntarily submitted fingerprints
obtained for purposes other than Firearm Owner's
Identification Card enforcement that are contained in the
Illinois State Police database for purposes of this Act.
(b) Each application form shall include the following
statement printed in bold type: "Warning: Entering false

information on an application for a Firearm Owner's
Identification Card is punishable as a Class 2 felony in
accordance with subsection (d-5) of Section 14 of the Firearm
Owners Identification Card Act.".
(c) Upon such written consent, pursuant to Section 4,
paragraph (a)(2)(i), the parent or legal guardian giving the
consent shall be liable for any damages resulting from the
applicant's use of firearms or firearm ammunition.
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-12-21.)
(430 ILCS 65/5) (from Ch. 38, par. 83-5)
Sec. 5. Application and renewal.
(a) The Illinois State Police shall either approve or deny
all applications within 30 days from the date they are
received, except as provided in subsections (b) and (c), and
every applicant found qualified under Section 8 of this Act by
the Illinois State Police Department shall be entitled to a
Firearm Owner's Identification Card upon the payment of a $10
fee and applicable processing fees. The processing fees shall
be limited to charges by the State Treasurer for using the
electronic online payment system. Any applicant who is an
active duty member of the Armed Forces of the United States, a
member of the Illinois National Guard, or a member of the
Reserve Forces of the United States is exempt from the
application fee. $5 of each fee derived from the issuance of a

Firearm Owner's Identification Card or renewals, thereof,
shall be deposited in the State Police Firearm Services Fund
and $5 into the State Police Revocation Enforcement Fund.
(b) Renewal applications shall be approved or denied
within 60 business days, provided the applicant submitted his
or her renewal application prior to the expiration of his or
her Firearm Owner's Identification Card. If a renewal
application has been submitted prior to the expiration date of
the applicant's Firearm Owner's Identification Card, the
Firearm Owner's Identification Card shall remain valid while
the Illinois State Police Department processes the
application, unless the person is subject to or becomes
subject to revocation under this Act. The cost for a renewal
application shall be $10, and may include applicable
processing fees, which shall be limited to charges by the
State Treasurer for using the electronic online payment
system, which shall be deposited into the State Police Firearm
Services Fund.
(c) If the Firearm Owner's Identification Card of a
licensee under the Firearm Concealed Carry Act expires during
the term of the licensee's concealed carry license, the
Firearm Owner's Identification Card and the license remain
valid and the licensee does not have to renew his or her
Firearm Owner's Identification Card during the duration of the
concealed carry license. Unless the Illinois State Police has
reason to believe the licensee is no longer eligible for the

card, the Illinois State Police may automatically renew the
licensee's Firearm Owner's Identification Card and send a
renewed Firearm Owner's Identification Card to the licensee.
(d) The Illinois State Police may adopt rules concerning
the use of voluntarily submitted fingerprints, as allowed by
State and federal law.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-13-21.)
(430 ILCS 65/6) (from Ch. 38, par. 83-6)
Sec. 6. Contents of Firearm Owner's Identification Card.
(a) A Firearm Owner's Identification Card, issued by the
Illinois State Police at such places as the Director of the
Illinois State Police shall specify, shall contain the
applicant's name, residence, date of birth, sex, physical
description, recent photograph, except as provided in
subsection (c-5), and signature. Each Firearm Owner's
Identification Card must have the Firearm Owner's
Identification Card number boldly and conspicuously displayed
on the face of the card. Each Firearm Owner's Identification
Card must have printed on it the following: "CAUTION - This
card does not permit bearer to UNLAWFULLY carry or use
firearms." Before December 1, 2002, the Department of State
Police may use a person's digital photograph and signature
from his or her Illinois driver's license or Illinois
Identification Card, if available. On and after December 1,

2002, the Illinois State Police (formerly the Department of
State Police) Department shall use a person's digital
photograph and signature from his or her Illinois driver's
license or Illinois Identification Card, if available. The
Illinois State Police Department shall decline to use a
person's digital photograph or signature if the digital
photograph or signature is the result of or associated with
fraudulent or erroneous data, unless otherwise provided by
law.
(b) A person applying for a Firearm Owner's Identification
Card shall consent to the Illinois State Police using the
applicant's digital driver's license or Illinois
Identification Card photograph, if available, and signature on
the applicant's Firearm Owner's Identification Card. The
Secretary of State shall allow the Illinois State Police
access to the photograph and signature for the purpose of
identifying the applicant and issuing to the applicant a
Firearm Owner's Identification Card.
(c) The Secretary of State shall conduct a study to
determine the cost and feasibility of creating a method of
adding an identifiable code, background, or other means on the
driver's license or Illinois Identification Card to show that
an individual is not disqualified from owning or possessing a
firearm under State or federal law. The Secretary shall report
the findings of this study August 17, 2002 (12 months after the
effective date of Public Act 92-442) this amendatory Act of

the 92nd General Assembly.
(c-5) If a person qualifies for a photograph exemption, in
lieu of a photograph, the Firearm Owner's Identification Card
shall contain a copy of the card holder's fingerprints. Each
Firearm Owner's Identification Card described in this
subsection (c-5) must have printed on it the following: "This
card is only valid for firearm purchases through a federally
licensed firearms dealer when presented with photographic
identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-14-21.)
(430 ILCS 65/8) (from Ch. 38, par. 83-8)
Sec. 8. Grounds for denial and revocation. The Illinois
State Police has authority to deny an application for or to
revoke and seize a Firearm Owner's Identification Card
previously issued under this Act only if the Illinois State
Police Department finds that the applicant or the person to
whom such card was issued is or was at the time of issuance:
(a) A person under 21 years of age who has been
convicted of a misdemeanor other than a traffic offense or
adjudged delinquent;
(b) This subsection (b) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80) this amendatory Act of the 101st General Assembly.
A person under 21 years of age who does not have the

written consent of his parent or guardian to acquire and
possess firearms and firearm ammunition, or whose parent
or guardian has revoked such written consent, or where
such parent or guardian does not qualify to have a Firearm
Owner's Identification Card;
(b-5) This subsection (b-5) applies on and after the
181st day following July 12, 2019 (the effective date of
Public Act 101-80) this amendatory Act of the 101st
General Assembly. A person under 21 years of age who is not
an active duty member of the United States Armed Forces
and does not have the written consent of his or her parent
or guardian to acquire and possess firearms and firearm
ammunition, or whose parent or guardian has revoked such
written consent, or where such parent or guardian does not
qualify to have a Firearm Owner's Identification Card;
(c) A person convicted of a felony under the laws of
this or any other jurisdiction;
(d) A person addicted to narcotics;
(e) A person who has been a patient of a mental health
facility within the past 5 years or a person who has been a
patient in a mental health facility more than 5 years ago
who has not received the certification required under
subsection (u) of this Section. An active law enforcement
officer employed by a unit of government or a Department
of Corrections employee authorized to possess firearms who
is denied, revoked, or has his or her Firearm Owner's

Identification Card seized under this subsection (e) may
obtain relief as described in subsection (c-5) of Section
10 of this Act if the officer or employee did not act in a
manner threatening to the officer or employee, another
person, or the public as determined by the treating
clinical psychologist or physician, and the officer or
employee seeks mental health treatment;
(f) A person whose mental condition is of such a
nature that it poses a clear and present danger to the
applicant, any other person or persons, or the community;
(g) A person who has an intellectual disability;
(h) A person who intentionally makes a false statement
in the Firearm Owner's Identification Card application;
(i) An alien who is unlawfully present in the United
States under the laws of the United States;
(i-5) An alien who has been admitted to the United
States under a non-immigrant visa (as that term is defined
in Section 101(a)(26) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(26))), except that this subsection
(i-5) does not apply to any alien who has been lawfully
admitted to the United States under a non-immigrant visa
if that alien is:
(1) admitted to the United States for lawful
hunting or sporting purposes;
(2) an official representative of a foreign
government who is:

(A) accredited to the United States Government
or the Government's mission to an international
organization having its headquarters in the United
States; or
(B) en route to or from another country to
which that alien is accredited;
(3) an official of a foreign government or
distinguished foreign visitor who has been so
designated by the Department of State;
(4) a foreign law enforcement officer of a
friendly foreign government entering the United States
on official business; or
(5) one who has received a waiver from the
Attorney General of the United States pursuant to 18
U.S.C. 922(y)(3);
(j) (Blank);
(k) A person who has been convicted within the past 5
years of battery, assault, aggravated assault, violation
of an order of protection, or a substantially similar
offense in another jurisdiction, in which a firearm was
used or possessed;
(l) A person who has been convicted of domestic
battery, aggravated domestic battery, or a substantially
similar offense in another jurisdiction committed before,
on or after January 1, 2012 (the effective date of Public
Act 97-158). If the applicant or person who has been

previously issued a Firearm Owner's Identification Card
under this Act knowingly and intelligently waives the
right to have an offense described in this paragraph (l)
tried by a jury, and by guilty plea or otherwise, results
in a conviction for an offense in which a domestic
relationship is not a required element of the offense but
in which a determination of the applicability of 18 U.S.C.
922(g)(9) is made under Section 112A-11.1 of the Code of
Criminal Procedure of 1963, an entry by the court of a
judgment of conviction for that offense shall be grounds
for denying an application for and for revoking and
seizing a Firearm Owner's Identification Card previously
issued to the person under this Act;
(m) (Blank);
(n) A person who is prohibited from acquiring or
possessing firearms or firearm ammunition by any Illinois
State statute or by federal law;
(o) A minor subject to a petition filed under Section
5-520 of the Juvenile Court Act of 1987 alleging that the
minor is a delinquent minor for the commission of an
offense that if committed by an adult would be a felony;
(p) An adult who had been adjudicated a delinquent
minor under the Juvenile Court Act of 1987 for the
commission of an offense that if committed by an adult
would be a felony;
(q) A person who is not a resident of the State of

Illinois, except as provided in subsection (a-10) of
Section 4;
(r) A person who has been adjudicated as a person with
a mental disability;
(s) A person who has been found to have a
developmental disability;
(t) A person involuntarily admitted into a mental
health facility; or
(u) A person who has had his or her Firearm Owner's
Identification Card revoked or denied under subsection (e)
of this Section or item (iv) of paragraph (2) of
subsection (a) of Section 4 of this Act because he or she
was a patient in a mental health facility as provided in
subsection (e) of this Section, shall not be permitted to
obtain a Firearm Owner's Identification Card, after the
5-year period has lapsed, unless he or she has received a
mental health evaluation by a physician, clinical
psychologist, or qualified examiner as those terms are
defined in the Mental Health and Developmental
Disabilities Code, and has received a certification that
he or she is not a clear and present danger to himself,
herself, or others. The physician, clinical psychologist,
or qualified examiner making the certification and his or
her employer shall not be held criminally, civilly, or
professionally liable for making or not making the
certification required under this subsection, except for

willful or wanton misconduct. This subsection does not
apply to a person whose firearm possession rights have
been restored through administrative or judicial action
under Section 10 or 11 of this Act.
Upon revocation of a person's Firearm Owner's
Identification Card, the Illinois State Police shall provide
notice to the person and the person shall comply with Section
9.5 of this Act.
(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; revised 10-14-21.)
(430 ILCS 65/8.3)
Sec. 8.3. Suspension of Firearm Owner's Identification
Card. The Illinois State Police may suspend the Firearm
Owner's Identification Card of a person whose Firearm Owner's
Identification Card is subject to revocation and seizure under
this Act for the duration of the disqualification if the
disqualification is not a permanent grounds for revocation of
a Firearm Owner's Identification Card under this Act. The
Illinois State Police may adopt rules necessary to implement
this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-15-21.)
(430 ILCS 65/9.5)
Sec. 9.5. Revocation of Firearm Owner's Identification

Card.
(a) A person who receives a revocation notice under
Section 9 of this Act shall, within 48 hours of receiving
notice of the revocation:
(1) surrender his or her Firearm Owner's
Identification Card to the local law enforcement agency
where the person resides or to the Illinois State Police;
and
(2) complete a Firearm Disposition Record on a form
prescribed by the Illinois State Police and place his or
her firearms in the location or with the person reported
in the Firearm Disposition Record. The form shall require
the person to disclose:
(A) the make, model, and serial number of each
firearm owned by or under the custody and control of
the revoked person;
(B) the location where each firearm will be
maintained during the prohibited term;
(C) if any firearm will be transferred to the
custody of another person, the name, address and
Firearm Owner's Identification Card number of the
transferee; and
(D) to whom his or her Firearm Owner's
Identification Card was surrendered.
Once completed, the person shall retain a copy and
provide a copy of the Firearm Disposition Record to the

Illinois State Police.
(b) Upon confirming through the portal created under
Section 2605-304 of the Illinois Department of State Police
Law of the Civil Administrative Code of Illinois that the
Firearm Owner's Identification Card has been revoked by the
Illinois State Police, surrendered cards shall be destroyed by
the law enforcement agency receiving the cards. If a card has
not been revoked, the card shall be returned to the
cardholder. Illinois
(b-5) If a court orders the surrender of a Firearms
Owner's Identification Card and accepts receipt of the Card,
the court shall destroy the Card and direct the person whose
Firearm Owner's Identification Card has been surrendered to
comply with paragraph (2) of subsection (a).
(b-10) If the person whose Firearm Owner's Identification
Card has been revoked has either lost or destroyed the Card,
the person must still comply with paragraph (2) of subsection
(a).
(b-15) A notation shall be made in the portal created
under Section 2605-304 of the Illinois Department of State
Police Law of the Civil Administrative Code of Illinois that
the revoked Firearm Owner's Identification Card has been
destroyed.
(c) If the person whose Firearm Owner's Identification
Card has been revoked fails to comply with the requirements of
this Section, the sheriff or law enforcement agency where the

person resides may petition the circuit court to issue a
warrant to search for and seize the Firearm Owner's
Identification Card and firearms in the possession or under
the custody or control of the person whose Firearm Owner's
Identification Card has been revoked.
(d) A violation of subsection (a) of this Section is a
Class A misdemeanor.
(e) The observation of a Firearm Owner's Identification
Card in the possession of a person whose Firearm Owner's
Identification Card has been revoked constitutes a sufficient
basis for the arrest of that person for violation of this
Section.
(f) Within 30 days after July 9, 2013 (the effective date
of Public Act 98-63) this amendatory Act of the 98th General
Assembly, the Illinois State Police shall provide written
notice of the requirements of this Section to persons whose
Firearm Owner's Identification Cards have been revoked,
suspended, or expired and who have failed to surrender their
cards to the Illinois State Police Department.
(g) A person whose Firearm Owner's Identification Card has
been revoked and who received notice under subsection (f)
shall comply with the requirements of this Section within 48
hours of receiving notice.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-15-21.)

(430 ILCS 65/10) (from Ch. 38, par. 83-10)
Sec. 10. Appeals; hearing; relief from firearm
prohibitions.
(a) Whenever an application for a Firearm Owner's
Identification Card is denied or whenever such a Card is
revoked or seized as provided for in Section 8 of this Act, the
aggrieved party may (1) file a record challenge with the
Director regarding the record upon which the decision to deny
or revoke the Firearm Owner's Identification Card was based
under subsection (a-5); or (2) appeal to the Director of the
Illinois State Police through December 31, 2022, or beginning
January 1, 2023, the Firearm Owner's Identification Card
Review Board for a hearing seeking relief from such denial or
revocation unless the denial or revocation was based upon a
forcible felony, stalking, aggravated stalking, domestic
battery, any violation of the Illinois Controlled Substances
Act, the Methamphetamine Control and Community Protection Act,
or the Cannabis Control Act that is classified as a Class 2 or
greater felony, any felony violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, or any
adjudication as a delinquent minor for the commission of an
offense that if committed by an adult would be a felony, in
which case the aggrieved party may petition the circuit court
in writing in the county of his or her residence for a hearing
seeking relief from such denial or revocation.
(a-5) There is created a Firearm Owner's Identification

Card Review Board to consider any appeal under subsection (a)
beginning January 1, 2023, other than an appeal directed to
the circuit court and except when the applicant is challenging
the record upon which the decision to deny or revoke was based
as provided in subsection (a-10).
(0.05) In furtherance of the policy of this Act that
the Board shall exercise its powers and duties in an
independent manner, subject to the provisions of this Act
but free from the direction, control, or influence of any
other agency or department of State government. All
expenses and liabilities incurred by the Board in the
performance of its responsibilities hereunder shall be
paid from funds which shall be appropriated to the Board
by the General Assembly for the ordinary and contingent
expenses of the Board.
(1) The Board shall consist of 7 members appointed by
the Governor, with the advice and consent of the Senate,
with 3 members residing within the First Judicial District
and one member residing within each of the 4 remaining
Judicial Districts. No more than 4 members shall be
members of the same political party. The Governor shall
designate one member as the chairperson. The Board shall
consist of:
(A) one member with at least 5 years of service as
a federal or State judge;
(B) one member with at least 5 years of experience

serving as an attorney with the United States
Department of Justice, or as a State's Attorney or
Assistant State's Attorney;
(C) one member with at least 5 years of experience
serving as a State or federal public defender or
assistant public defender;
(D) three members with at least 5 years of
experience as a federal, State, or local law
enforcement agent or as an employee with investigative
experience or duties related to criminal justice under
the United States Department of Justice, Drug
Enforcement Administration, Department of Homeland
Security, Federal Bureau of Investigation, or a State
or local law enforcement agency; and
(E) one member with at least 5 years of experience
as a licensed physician or clinical psychologist with
expertise in the diagnosis and treatment of mental
illness.
(2) The terms of the members initially appointed after
January 1, 2022 (the effective date of Public Act 102-237)
this amendatory Act of the 102nd General Assembly shall be
as follows: one of the initial members shall be appointed
for a term of one year, 3 shall be appointed for terms of 2
years, and 3 shall be appointed for terms of 4 years.
Thereafter, members shall hold office for 4 years, with
terms expiring on the second Monday in January immediately

following the expiration of their terms and every 4 years
thereafter. Members may be reappointed. Vacancies in the
office of member shall be filled in the same manner as the
original appointment, for the remainder of the unexpired
term. The Governor may remove a member for incompetence,
neglect of duty, malfeasance, or inability to serve.
Members shall receive compensation in an amount equal to
the compensation of members of the Executive Ethics
Commission and may be reimbursed, from funds appropriated
for such a purpose, for reasonable expenses actually
incurred in the performance of their Board duties. The
Illinois State Police shall designate an employee to serve
as Executive Director of the Board and provide logistical
and administrative assistance to the Board.
(3) The Board shall meet at least quarterly each year
and at the call of the chairperson as often as necessary to
consider appeals of decisions made with respect to
applications for a Firearm Owner's Identification Card
under this Act. If necessary to ensure the participation
of a member, the Board shall allow a member to participate
in a Board meeting by electronic communication. Any member
participating electronically shall be deemed present for
purposes of establishing a quorum and voting.
(4) The Board shall adopt rules for the review of
appeals and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials

considered in making its decisions. All Board decisions
and voting records shall be kept confidential and all
materials considered by the Board shall be exempt from
inspection except upon order of a court.
(5) In considering an appeal, the Board shall review
the materials received concerning the denial or revocation
by the Illinois State Police. By a vote of at least 4
members, the Board may request additional information from
the Illinois State Police or the applicant or the
testimony of the Illinois State Police or the applicant.
The Board may require that the applicant submit electronic
fingerprints to the Illinois State Police for an updated
background check if the Board determines it lacks
sufficient information to determine eligibility. The Board
may consider information submitted by the Illinois State
Police, a law enforcement agency, or the applicant. The
Board shall review each denial or revocation and determine
by a majority of members whether an applicant should be
granted relief under subsection (c).
(6) The Board shall by order issue summary decisions.
The Board shall issue a decision within 45 days of
receiving all completed appeal documents from the Illinois
State Police and the applicant. However, the Board need
not issue a decision within 45 days if:
(A) the Board requests information from the
applicant, including, but not limited to, electronic

fingerprints to be submitted to the Illinois State
Police, in accordance with paragraph (5) of this
subsection, in which case the Board shall make a
decision within 30 days of receipt of the required
information from the applicant;
(B) the applicant agrees, in writing, to allow the
Board additional time to consider an appeal; or
(C) the Board notifies the applicant and the
Illinois State Police that the Board needs an
additional 30 days to issue a decision. The Board may
only issue 2 extensions under this subparagraph (C).
The Board's notification to the applicant and the
Illinois State Police shall include an explanation for
the extension.
(7) If the Board determines that the applicant is
eligible for relief under subsection (c), the Board shall
notify the applicant and the Illinois State Police that
relief has been granted and the Illinois State Police
shall issue the Card.
(8) Meetings of the Board shall not be subject to the
Open Meetings Act and records of the Board shall not be
subject to the Freedom of Information Act.
(9) The Board shall report monthly to the Governor and
the General Assembly on the number of appeals received and
provide details of the circumstances in which the Board
has determined to deny Firearm Owner's Identification

Cards under this subsection (a-5). The report shall not
contain any identifying information about the applicants.
(a-10) Whenever an applicant or cardholder is not seeking
relief from a firearms prohibition under subsection (c) but
rather does not believe the applicant is appropriately denied
or revoked and is challenging the record upon which the
decision to deny or revoke the Firearm Owner's Identification
Card was based, or whenever the Illinois State Police fails to
act on an application within 30 days of its receipt, the
applicant shall file such challenge with the Director. The
Director shall render a decision within 60 business days of
receipt of all information supporting the challenge. The
Illinois State Police shall adopt rules for the review of a
record challenge.
(b) At least 30 days before any hearing in the circuit
court, the petitioner shall serve the relevant State's
Attorney with a copy of the petition. The State's Attorney may
object to the petition and present evidence. At the hearing,
the court shall determine whether substantial justice has been
done. Should the court determine that substantial justice has
not been done, the court shall issue an order directing the
Illinois State Police to issue a Card. However, the court
shall not issue the order if the petitioner is otherwise
prohibited from obtaining, possessing, or using a firearm
under federal law.
(c) Any person prohibited from possessing a firearm under

Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
acquiring a Firearm Owner's Identification Card under Section
8 of this Act may apply to the Firearm Owner's Identification
Card Review Board the Illinois or petition the circuit court
in the county where the petitioner resides, whichever is
applicable in accordance with subsection (a) of this Section,
requesting relief from such prohibition and the Board or court
may grant such relief if it is established by the applicant to
the court's or the Board's satisfaction that:
(0.05) when in the circuit court, the State's Attorney
has been served with a written copy of the petition at
least 30 days before any such hearing in the circuit court
and at the hearing the State's Attorney was afforded an
opportunity to present evidence and object to the
petition;
(1) the applicant has not been convicted of a forcible
felony under the laws of this State or any other
jurisdiction within 20 years of the applicant's
application for a Firearm Owner's Identification Card, or
at least 20 years have passed since the end of any period
of imprisonment imposed in relation to that conviction;
(2) the circumstances regarding a criminal conviction,
where applicable, the applicant's criminal history and his
reputation are such that the applicant will not be likely
to act in a manner dangerous to public safety;
(3) granting relief would not be contrary to the

public interest; and
(4) granting relief would not be contrary to federal
law.
(c-5) (1) An active law enforcement officer employed by a
unit of government or a Department of Corrections employee
authorized to possess firearms who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act may apply to the
Firearm Owner's Identification Card Review Board the Illinois
requesting relief if the officer or employee did not act in a
manner threatening to the officer or employee, another person,
or the public as determined by the treating clinical
psychologist or physician, and as a result of his or her work
is referred by the employer for or voluntarily seeks mental
health evaluation or treatment by a licensed clinical
psychologist, psychiatrist, or qualified examiner, and:
(A) the officer or employee has not received treatment
involuntarily at a mental health facility, regardless of
the length of admission; or has not been voluntarily
admitted to a mental health facility for more than 30 days
and not for more than one incident within the past 5 years;
and
(B) the officer or employee has not left the mental
institution against medical advice.
(2) The Firearm Owner's Identification Card Review Board
the Illinois shall grant expedited relief to active law

enforcement officers and employees described in paragraph (1)
of this subsection (c-5) upon a determination by the Board
that the officer's or employee's possession of a firearm does
not present a threat to themselves, others, or public safety.
The Board shall act on the request for relief within 30
business days of receipt of:
(A) a notarized statement from the officer or employee
in the form prescribed by the Board detailing the
circumstances that led to the hospitalization;
(B) all documentation regarding the admission,
evaluation, treatment and discharge from the treating
licensed clinical psychologist or psychiatrist of the
officer;
(C) a psychological fitness for duty evaluation of the
person completed after the time of discharge; and
(D) written confirmation in the form prescribed by the
Board from the treating licensed clinical psychologist or
psychiatrist that the provisions set forth in paragraph
(1) of this subsection (c-5) have been met, the person
successfully completed treatment, and their professional
opinion regarding the person's ability to possess
firearms.
(3) Officers and employees eligible for the expedited
relief in paragraph (2) of this subsection (c-5) have the
burden of proof on eligibility and must provide all
information required. The Board may not consider granting

expedited relief until the proof and information is received.
(4) "Clinical psychologist", "psychiatrist", and
"qualified examiner" shall have the same meaning as provided
in Chapter I of the Mental Health and Developmental
Disabilities Code.
(c-10) (1) An applicant, who is denied, revoked, or has
his or her Firearm Owner's Identification Card seized under
subsection (e) of Section 8 of this Act based upon a
determination of a developmental disability or an intellectual
disability may apply to the Firearm Owner's Identification
Card Review Board the Illinois requesting relief.
(2) The Board shall act on the request for relief within 60
business days of receipt of written certification, in the form
prescribed by the Board, from a physician or clinical
psychologist, or qualified examiner, that the aggrieved
party's developmental disability or intellectual disability
condition is determined by a physician, clinical psychologist,
or qualified to be mild. If a fact-finding conference is
scheduled to obtain additional information concerning the
circumstances of the denial or revocation, the 60 business
days the Director has to act shall be tolled until the
completion of the fact-finding conference.
(3) The Board may grant relief if the aggrieved party's
developmental disability or intellectual disability is mild as
determined by a physician, clinical psychologist, or qualified
examiner and it is established by the applicant to the Board's

satisfaction that:
(A) granting relief would not be contrary to the
public interest; and
(B) granting relief would not be contrary to federal
law.
(4) The Board may not grant relief if the condition is
determined by a physician, clinical psychologist, or qualified
examiner to be moderate, severe, or profound.
(5) The changes made to this Section by Public Act 99-29
apply to requests for relief pending on or before July 10, 2015
(the effective date of Public Act 99-29), except that the
60-day period for the Director to act on requests pending
before the effective date shall begin on July 10, 2015 (the
effective date of Public Act 99-29). All appeals as provided
in subsection (a-5), pending on January 1, 2023, shall be
considered by the Board.
(d) When a minor is adjudicated delinquent for an offense
which if committed by an adult would be a felony, the court
shall notify the Illinois State Police.
(e) The court shall review the denial of an application or
the revocation of a Firearm Owner's Identification Card of a
person who has been adjudicated delinquent for an offense that
if committed by an adult would be a felony if an application
for relief has been filed at least 10 years after the
adjudication of delinquency and the court determines that the
applicant should be granted relief from disability to obtain a

Firearm Owner's Identification Card. If the court grants
relief, the court shall notify the Illinois State Police that
the disability has been removed and that the applicant is
eligible to obtain a Firearm Owner's Identification Card.
(f) Any person who is subject to the disabilities of 18
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
of 1968 because of an adjudication or commitment that occurred
under the laws of this State or who was determined to be
subject to the provisions of subsections (e), (f), or (g) of
Section 8 of this Act may apply to the Illinois State Police
requesting relief from that prohibition. The Board shall grant
the relief if it is established by a preponderance of the
evidence that the person will not be likely to act in a manner
dangerous to public safety and that granting relief would not
be contrary to the public interest. In making this
determination, the Board shall receive evidence concerning (i)
the circumstances regarding the firearms disabilities from
which relief is sought; (ii) the petitioner's mental health
and criminal history records, if any; (iii) the petitioner's
reputation, developed at a minimum through character witness
statements, testimony, or other character evidence; and (iv)
changes in the petitioner's condition or circumstances since
the disqualifying events relevant to the relief sought. If
relief is granted under this subsection or by order of a court
under this Section, the Director shall as soon as practicable
but in no case later than 15 business days, update, correct,

modify, or remove the person's record in any database that the
Illinois State Police makes available to the National Instant
Criminal Background Check System and notify the United States
Attorney General that the basis for the record being made
available no longer applies. The Illinois State Police shall
adopt rules for the administration of this Section.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
102-645, eff. 1-1-22; revised 10-15-21.)
(430 ILCS 65/11) (from Ch. 38, par. 83-11)
Sec. 11. Judicial review of final administrative
decisions.
(a) All final administrative decisions of the Firearm
Owner's Identification Card Review Board under this Act,
except final administrative decisions of the Firearm Owner's
Identification Card Review Board the Illinois to deny a
person's application for relief under subsection (f) of
Section 10 of this Act, shall be subject to judicial review
under the provisions of the Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted
pursuant thereto. The term "administrative decision" is
defined as in Section 3-101 of the Code of Civil Procedure.
(b) Any final administrative decision by the Firearm
Owner's Identification Card Review Board the Illinois to deny
a person's application for relief under subsection (f) of
Section 10 of this Act is subject to de novo judicial review by

the circuit court, and any party may offer evidence that is
otherwise proper and admissible without regard to whether that
evidence is part of the administrative record.
(c) The Firearm Owner's Identification Card Review Board
the Illinois shall submit a report to the General Assembly on
March 1 of each year, beginning March 1, 1991, listing all
final decisions by a court of this State upholding, reversing,
or reversing in part any administrative decision made by the
Illinois State Police.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 11-2-21.)
(430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
Sec. 13.2. Renewal; name, photograph, or address change;
replacement card. The Illinois State Police shall, 180 days
prior to the expiration of a Firearm Owner's Identification
Card, forward by first class mail or by other means provided in
Section 7.5 to each person whose card is to expire a
notification of the expiration of the card and instructions
for renewal. It is the obligation of the holder of a Firearm
Owner's Identification Card to notify the Illinois State
Police of any address change since the issuance of the Firearm
Owner's Identification Card. The Illinois State Police may
update the applicant and card holder's holders address based
upon records in the Secretary of State Driver's License or
Illinois identification card records of applicants who do not

have driver's licenses. Any person whose legal name has
changed from the name on the card that he or she has been
previously issued must apply for a corrected card within 30
calendar days after the change. The cost for an updated or
corrected card shall be $5. The cost for replacement of a card
which has been lost, destroyed, or stolen shall be $5 if the
loss, destruction, or theft of the card is reported to the
Illinois State Police. The fees collected under this Section
shall be deposited into the State Police Firearm Services
Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-12-21.)
Section 560. The Firearm Concealed Carry Act is amended by
changing Sections 10, 20, 30, 50, 55, and 70 as follows:
(430 ILCS 66/10)
Sec. 10. Issuance of licenses to carry a concealed
firearm.
(a) The Illinois State Police shall issue a license to
carry a concealed firearm under this Act to an applicant who:
(1) meets the qualifications of Section 25 of this
Act;
(2) has provided the application and documentation
required in Section 30 of this Act;
(3) has submitted the requisite fees; and

(4) does not pose a danger to himself, herself, or
others, or a threat to public safety as determined by the
Concealed Carry Licensing Review Board in accordance with
Section 20.
(b) The Illinois State Police shall issue a renewal,
corrected, or duplicate license as provided in this Act.
(c) A license shall be valid throughout the State for a
period of 5 years from the date of issuance. A license shall
permit the licensee to:
(1) carry a loaded or unloaded concealed firearm,
fully concealed or partially concealed, on or about his or
her person; and
(2) keep or carry a loaded or unloaded concealed
firearm on or about his or her person within a vehicle.
(d) The Illinois State Police shall make applications for
a license available no later than 180 days after July 9, 2013
(the effective date of this Act). The Illinois State Police
shall establish rules for the availability and submission of
applications in accordance with this Act.
(e) An application for a license submitted to the Illinois
State Police that contains all the information and materials
required by this Act, including the requisite fee, shall be
deemed completed. Except as otherwise provided in this Act, no
later than 90 days after receipt of a completed application,
the Illinois State Police shall issue or deny the applicant a
license. The Illinois State Police shall notify the applicant

for a concealed carry license, electronically, to confirm if
all the required information and materials have been received.
If an applicant for a concealed carry license submits his or
her application electronically, the Illinois State Police
shall notify the applicant electronically if his or her
application is missing information or materials.
(f) The Illinois State Police shall deny the applicant a
license if the applicant fails to meet the requirements under
this Act or the Illinois State Police receives a determination
from the Board that the applicant is ineligible for a license.
The Illinois State Police must notify the applicant stating
the grounds for the denial. The notice of denial must inform
the applicant of his or her right to an appeal through
administrative and judicial review.
(g) A licensee shall possess a license at all times the
licensee carries a concealed firearm except:
(1) when the licensee is carrying or possessing a
concealed firearm on his or her land or in his or her
abode, legal dwelling, or fixed place of business, or on
the land or in the legal dwelling of another person as an
invitee with that person's permission;
(2) when the person is authorized to carry a firearm
under Section 24-2 of the Criminal Code of 2012, except
subsection (a-5) of that Section; or
(3) when the handgun is broken down in a
non-functioning state, is not immediately accessible, or

is unloaded and enclosed in a case.
(h) If an officer of a law enforcement agency initiates an
investigative stop, including, but not limited to, a traffic
stop, of a licensee or a non-resident carrying a concealed
firearm under subsection (e) of Section 40 of this Act, upon
the request of the officer the licensee or non-resident shall
disclose to the officer that he or she is in possession of a
concealed firearm under this Act, or present the license upon
the request of the officer if he or she is a licensee or
present upon the request of the officer evidence under
paragraph (2) of subsection (e) of Section 40 of this Act that
he or she is a non-resident qualified to carry under that
subsection. The disclosure requirement under this subsection
(h) is satisfied if the licensee presents his or her license to
the officer or the non-resident presents to the officer
evidence under paragraph (2) of subsection (e) of Section 40
of this Act that he or she is qualified to carry under that
subsection. Upon the request of the officer, the licensee or
non-resident shall also identify the location of the concealed
firearm and permit the officer to safely secure the firearm
for the duration of the investigative stop. During a traffic
stop, any passenger within the vehicle who is a licensee or a
non-resident carrying under subsection (e) of Section 40 of
this Act must comply with the requirements of this subsection
(h).
(h-1) If a licensee carrying a firearm or a non-resident

carrying a firearm in a vehicle under subsection (e) of
Section 40 of this Act is contacted by a law enforcement
officer or emergency services personnel, the law enforcement
officer or emergency services personnel may secure the firearm
or direct that it be secured during the duration of the contact
if the law enforcement officer or emergency services personnel
determines that it is necessary for the safety of any person
present, including the law enforcement officer or emergency
services personnel. The licensee or nonresident shall submit
to the order to secure the firearm. When the law enforcement
officer or emergency services personnel have determined that
the licensee or non-resident is not a threat to the safety of
any person present, including the law enforcement officer or
emergency services personnel, and if the licensee or
non-resident is physically and mentally capable of possessing
the firearm, the law enforcement officer or emergency services
personnel shall return the firearm to the licensee or
non-resident before releasing him or her from the scene and
breaking contact. If the licensee or non-resident is
transported for treatment to another location, the firearm
shall be turned over to any peace officer. The peace officer
shall provide a receipt which includes the make, model,
caliber, and serial number of the firearm.
(i) The Illinois State Police shall maintain a database of
license applicants and licensees. The database shall be
available to all federal, State, and local law enforcement

agencies, State's Attorneys, the Attorney General, and
authorized court personnel. Within 180 days after July 9, 2013
(the effective date of this Act), the database shall be
searchable and provide all information included in the
application, including the applicant's previous addresses
within the 10 years prior to the license application and any
information related to violations of this Act. No law
enforcement agency, State's Attorney, Attorney General, or
member or staff of the judiciary shall provide any information
to a requester who is not entitled to it by law.
(j) No later than 10 days after receipt of a completed
application, the Illinois State Police shall enter the
relevant information about the applicant into the database
under subsection (i) of this Section which is accessible by
law enforcement agencies.
(k) The Illinois State Police shall continuously monitor
relevant State and federal databases for firearms prohibitors
and correlate those records with concealed carry license
holders to ensure compliance with this Act, or State and
federal law. The Illinois State Police may adopt rules to
implement this subsection.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-13-21.)
(430 ILCS 66/20)
Sec. 20. Concealed Carry Licensing Review Board.

(a) There is hereby created within the Illinois State
Police a Concealed Carry Licensing Review Board to consider
any objection to an applicant's eligibility to obtain a
license under this Act submitted by a law enforcement agency
or the Illinois State Police under Section 15 of this Act. The
Board shall consist of 7 commissioners to be appointed by the
Governor, with the advice and consent of the Senate, with 3
commissioners residing within the First Judicial District and
one commissioner residing within each of the 4 remaining
Judicial Districts. No more than 4 commissioners shall be
members of the same political party. The Governor shall
designate one commissioner as the Chairperson. The Board shall
consist of:
(1) one commissioner with at least 5 years of service
as a federal judge;
(2) 2 commissioners with at least 5 years of
experience serving as an attorney with the United States
Department of Justice;
(3) 3 commissioners with at least 5 years of
experience as a federal agent or employee with
investigative experience or duties related to criminal
justice under the United States Department of Justice,
Drug Enforcement Administration, Department of Homeland
Security, or Federal Bureau of Investigation; and
(4) one member with at least 5 years of experience as a
licensed physician or clinical psychologist with expertise

in the diagnosis and treatment of mental illness.
(b) The initial terms of the commissioners shall end on
January 12, 2015. Notwithstanding any provision in this
Section to the contrary, the term of office of each
commissioner of the Concealed Carry Licensing Review Board is
abolished on January 1, 2022 (the effective date of Public Act
102-237) this amendatory Act of the 102nd General Assembly.
The terms of the commissioners appointed on or after January
1, 2022 (the effective date of Public Act 102-237) this
amendatory Act of the 102nd General Assembly shall be as
follows: one of the initial members shall be appointed for a
term of one year, 3 shall be appointed for terms of 2 years,
and 3 shall be appointed for terms of 4 years. Thereafter, the
commissioners shall hold office for 4 years, with terms
expiring on the second Monday in January of the fourth year.
Commissioners may be reappointed. Vacancies in the office of
commissioner shall be filled in the same manner as the
original appointment, for the remainder of the unexpired term.
The Governor may remove a commissioner for incompetence,
neglect of duty, malfeasance, or inability to serve.
Commissioners shall receive compensation in an amount equal to
the compensation of members of the Executive Ethics Commission
and may be reimbursed for reasonable expenses actually
incurred in the performance of their Board duties, from funds
appropriated for that purpose.
(c) The Board shall meet at the call of the chairperson as

often as necessary to consider objections to applications for
a license under this Act. If necessary to ensure the
participation of a commissioner, the Board shall allow a
commissioner to participate in a Board meeting by electronic
communication. Any commissioner participating electronically
shall be deemed present for purposes of establishing a quorum
and voting.
(d) The Board shall adopt rules for the review of
objections and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials
considered in making its decisions. All Board decisions and
voting records shall be kept confidential and all materials
considered by the Board shall be exempt from inspection except
upon order of a court.
(e) In considering an objection of a law enforcement
agency or the Illinois State Police, the Board shall review
the materials received with the objection from the law
enforcement agency or the Illinois State Police. By a vote of
at least 4 commissioners, the Board may request additional
information from the law enforcement agency, Illinois State
Police, or the applicant, or the testimony of the law
enforcement agency, Illinois State Police, or the applicant.
The Board may require that the applicant submit electronic
fingerprints to the Illinois State Police for an updated
background check where the Board determines it lacks
sufficient information to determine eligibility. The Board may

only consider information submitted by the Illinois State
Police, a law enforcement agency, or the applicant. The Board
shall review each objection and determine by a majority of
commissioners whether an applicant is eligible for a license.
(f) The Board shall issue a decision within 30 days of
receipt of the objection from the Illinois State Police.
However, the Board need not issue a decision within 30 days if:
(1) the Board requests information from the applicant,
including but not limited to electronic fingerprints to be
submitted to the Illinois State Police, in accordance with
subsection (e) of this Section, in which case the Board
shall make a decision within 30 days of receipt of the
required information from the applicant;
(2) the applicant agrees, in writing, to allow the
Board additional time to consider an objection; or
(3) the Board notifies the applicant and the Illinois
State Police that the Board needs an additional 30 days to
issue a decision.
(g) If the Board determines by a preponderance of the
evidence that the applicant poses a danger to himself or
herself or others, or is a threat to public safety, then the
Board shall affirm the objection of the law enforcement agency
or the Illinois State Police and shall notify the Illinois
State Police that the applicant is ineligible for a license.
If the Board does not determine by a preponderance of the
evidence that the applicant poses a danger to himself or

herself or others, or is a threat to public safety, then the
Board shall notify the Illinois State Police that the
applicant is eligible for a license.
(h) Meetings of the Board shall not be subject to the Open
Meetings Act and records of the Board shall not be subject to
the Freedom of Information Act.
(i) The Board shall report monthly to the Governor and the
General Assembly on the number of objections received and
provide details of the circumstances in which the Board has
determined to deny licensure based on law enforcement or
Illinois State Police objections under Section 15 of this Act.
The report shall not contain any identifying information about
the applicants.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-12-21.)
(430 ILCS 66/30)
Sec. 30. Contents of license application.
(a) The license application shall be in writing, under
penalty of perjury, on a standard form adopted by the Illinois
State Police and shall be accompanied by the documentation
required in this Section and the applicable fee. Each
application form shall include the following statement printed
in bold type: "Warning: Entering false information on this
form is punishable as perjury under Section 32-2 of the
Criminal Code of 2012."

(b) The application shall contain the following:
(1) the applicant's name, current address, date and
year of birth, place of birth, height, weight, hair color,
eye color, maiden name or any other name the applicant has
used or identified with, and any address where the
applicant resided for more than 30 days within the 10
years preceding the date of the license application;
(2) the applicant's valid driver's license number or
valid state identification card number;
(3) a waiver of the applicant's privacy and
confidentiality rights and privileges under all federal
and state laws, including those limiting access to
juvenile court, criminal justice, psychological, or
psychiatric records or records relating to any
institutionalization of the applicant, and an affirmative
request that a person having custody of any of these
records provide it or information concerning it to the
Illinois State Police. The waiver only applies to records
sought in connection with determining whether the
applicant qualifies for a license to carry a concealed
firearm under this Act, or whether the applicant remains
in compliance with the Firearm Owners Identification Card
Act;
(4) an affirmation that the applicant possesses a
currently valid Firearm Owner's Identification Card and
card number if possessed or notice the applicant is

applying for a Firearm Owner's Identification Card in
conjunction with the license application;
(5) an affirmation that the applicant has not been
convicted or found guilty of:
(A) a felony;
(B) a misdemeanor involving the use or threat of
physical force or violence to any person within the 5
years preceding the date of the application; or
(C) 2 or more violations related to driving while
under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds, or any combination
thereof, within the 5 years preceding the date of the
license application; and
(6) whether the applicant has failed a drug test for a
drug for which the applicant did not have a prescription,
within the previous year, and if so, the provider of the
test, the specific substance involved, and the date of the
test;
(7) written consent for the Illinois State Police to
review and use the applicant's Illinois digital driver's
license or Illinois identification card photograph and
signature;
(8) unless submitted under subsection (a-25) of
Section 4 of the Firearm Owners Identification Card Act, a
full set of fingerprints submitted to the Illinois State
Police in electronic format, provided the Illinois State

Police may accept an application submitted without a set
of fingerprints, in which case the Illinois State Police
shall be granted 30 days in addition to the 90 days
provided under subsection (e) of Section 10 of this Act to
issue or deny a license;
(9) a head and shoulder color photograph in a size
specified by the Illinois State Police taken within the 30
days preceding the date of the license application; and
(10) a photocopy of any certificates or other evidence
of compliance with the training requirements under this
Act.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-12-21.)
(430 ILCS 66/50)
Sec. 50. License renewal.
(a) This subsection (a) applies through the 180th day
following July 12, 2019 (the effective date of Public Act
101-80) this amendatory Act of the 101st General Assembly. The
Illinois State Police shall, 180 days prior to the expiration
of a concealed carry license, notify each person whose license
is to expire a notification of the expiration of the license
and instructions for renewal. Applications for renewal of a
license shall be made to the Illinois State Police. A license
shall be renewed for a period of 5 years upon receipt of a
completed renewal application, completion of 3 hours of

training required under Section 75 of this Act, payment of the
applicable renewal fee, and completion of an investigation
under Section 35 of this Act. The renewal application shall
contain the information required in Section 30 of this Act,
except that the applicant need not resubmit a full set of
fingerprints.
(b) This subsection (b) applies on and after the 181st day
following July 12, 2019 (the effective date of Public Act
101-80) this amendatory Act of the 101st General Assembly.
Applications for renewal of a license shall be made to the
Illinois State Police. A license shall be renewed for a period
of 5 years from the date of expiration on the applicant's
current license upon the receipt of a completed renewal
application, completion of 3 hours of training required under
Section 75 of this Act, payment of the applicable renewal fee,
and completion of an investigation under Section 35 of this
Act. The renewal application shall contain the information
required in Section 30 of this Act, except that the applicant
need not resubmit a full set of fingerprints.
(Source: P.A. 101-80, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-15-21.)
(430 ILCS 66/55)
Sec. 55. Change of address or name; lost, destroyed, or
stolen licenses.
(a) A licensee shall notify the Illinois State Police

within 30 days of moving or changing residence or any change of
name. The licensee shall submit the requisite fee and the
Illinois State Police may require a notarized statement that
the licensee has changed his or her residence or his or her
name, including the prior and current address or name and the
date the applicant moved or changed his or her name.
(b) A licensee shall notify the Illinois State Police
within 10 days of discovering that a license has been lost,
destroyed, or stolen. A lost, destroyed, or stolen license is
invalid. To request a replacement license, the licensee shall
submit:
(1) a written or electronic acknowledgment that the
licensee no longer possesses the license, and that it was
lost, destroyed, or stolen;
(2) if applicable, a copy of a police report stating
that the license was stolen; and
(3) the requisite fee.
(c) A violation of this Section is a petty offense with a
fine of $150 which shall be deposited into the Mental Health
Reporting Fund.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-15-21.)
(430 ILCS 66/70)
Sec. 70. Violations.
(a) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found to be ineligible
for a license under this Act or the licensee no longer meets
the eligibility requirements of the Firearm Owners
Identification Card Act.
(b) A license shall be suspended if an order of
protection, including an emergency order of protection,
plenary order of protection, or interim order of protection
under Article 112A of the Code of Criminal Procedure of 1963 or
under the Illinois Domestic Violence Act of 1986, or if a
firearms restraining order, including an emergency firearms
restraining order, under the Firearms Restraining Order Act,
is issued against a licensee for the duration of the order, or
if the Illinois State Police is made aware of a similar order
issued against the licensee in any other jurisdiction. If an
order of protection is issued against a licensee, the licensee
shall surrender the license, as applicable, to the court at
the time the order is entered or to the law enforcement agency
or entity serving process at the time the licensee is served
the order. The court, law enforcement agency, or entity
responsible for serving the order of protection shall notify
the Illinois State Police within 7 days and transmit the
license to the Illinois State Police.
(c) A license is invalid upon expiration of the license,
unless the licensee has submitted an application to renew the
license, and the applicant is otherwise eligible to possess a
license under this Act.

(d) A licensee shall not carry a concealed firearm while
under the influence of alcohol, other drug or drugs,
intoxicating compound or combination of compounds, or any
combination thereof, under the standards set forth in
subsection (a) of Section 11-501 of the Illinois Vehicle Code.
A licensee in violation of this subsection (d) shall be
guilty of a Class A misdemeanor for a first or second violation
and a Class 4 felony for a third violation. The Illinois State
Police may suspend a license for up to 6 months for a second
violation and shall permanently revoke a license for a third
violation.
(e) Except as otherwise provided, a licensee in violation
of this Act shall be guilty of a Class B misdemeanor. A second
or subsequent violation is a Class A misdemeanor. The Illinois
State Police may suspend a license for up to 6 months for a
second violation and shall permanently revoke a license for 3
or more violations of Section 65 of this Act. Any person
convicted of a violation under this Section shall pay a $150
fee to be deposited into the Mental Health Reporting Fund,
plus any applicable court costs or fees.
(f) A licensee convicted or found guilty of a violation of
this Act who has a valid license and is otherwise eligible to
carry a concealed firearm shall only be subject to the
penalties under this Section and shall not be subject to the
penalties under Section 21-6, paragraph (4), (8), or (10) of
subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

of paragraph (3) of subsection (a) of Section 24-1.6 of the
Criminal Code of 2012. Except as otherwise provided in this
subsection, nothing in this subsection prohibits the licensee
from being subjected to penalties for violations other than
those specified in this Act.
(g) A licensee whose license is revoked, suspended, or
denied shall, within 48 hours of receiving notice of the
revocation, suspension, or denial, surrender his or her
concealed carry license to the local law enforcement agency
where the person resides. The local law enforcement agency
shall provide the licensee a receipt and transmit the
concealed carry license to the Illinois State Police. If the
licensee whose concealed carry license has been revoked,
suspended, or denied fails to comply with the requirements of
this subsection, the law enforcement agency where the person
resides may petition the circuit court to issue a warrant to
search for and seize the concealed carry license in the
possession and under the custody or control of the licensee
whose concealed carry license has been revoked, suspended, or
denied. The observation of a concealed carry license in the
possession of a person whose license has been revoked,
suspended, or denied constitutes a sufficient basis for the
arrest of that person for violation of this subsection. A
violation of this subsection is a Class A misdemeanor.
(h) Except as otherwise provided in subsection (h-5), a
license issued or renewed under this Act shall be revoked if,

at any time, the licensee is found ineligible for a Firearm
Owner's Identification Card, or the licensee no longer
possesses a valid Firearm Owner's Identification Card. If the
Firearm Owner's Identification Card is expired or suspended
rather than denied or revoked, the license may be suspended
for a period of up to one year to allow the licensee to
reinstate his or her Firearm Owner's Identification Card. The
Illinois State Police shall adopt rules to enforce this
subsection. A licensee whose license is revoked under this
subsection (h) shall surrender his or her concealed carry
license as provided for in subsection (g) of this Section.
This subsection shall not apply to a person who has filed
an application with the Illinois State Police for renewal of a
Firearm Owner's Identification Card and who is not otherwise
ineligible to obtain a Firearm Owner's Identification Card.
(h-5) If the Firearm Owner's Identification Card of a
licensee under this Act expires during the term of the license
issued under this Act, the license and the Firearm Owner's
Identification Card remain valid, and the Illinois State
Police may automatically renew the licensee's Firearm Owner's
Identification Card as provided in subsection (c) of Section 5
of the Firearm Owners Identification Card Act.
(i) A certified firearms instructor who knowingly provides
or offers to provide a false certification that an applicant
has completed firearms training as required under this Act is
guilty of a Class A misdemeanor. A person guilty of a violation

of this subsection (i) is not eligible for court supervision.
The Illinois State Police shall permanently revoke the
firearms instructor certification of a person convicted under
this subsection (i).
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-15-21.)
Section 565. The Firearms Restraining Order Act is amended
by changing Sections 35 and 40 as follows:
(430 ILCS 67/35)
(Text of Section before amendment by P.A. 102-345)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm. The petition
shall also describe the type and location of any firearm or
firearms presently believed by the petitioner to be possessed
or controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the

petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or

another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, the circuit or
associate judge shall issue an emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order under Section 8.2 of the Firearm Owners
Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act Illinois.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card and
concealed carry license cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, or is not lawfully eligible

to possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the firearms
for training purposes, or use the firearms for any other
application as deemed appropriate by the local law enforcement
agency.
(h-5) On or before January 1, 2022, a respondent whose
Firearm Owner's Identification Card has been revoked or
suspended may petition the court, if the petitioner is present
in court or has notice of the respondent's petition, to
transfer the respondent's firearm to a person who is lawfully
able to possess the firearm if the person does not reside at
the same address as the respondent. Notice of the petition
shall be served upon the person protected by the emergency
firearms restraining order. While the order is in effect, the
transferee who receives the respondent's firearms must swear
or affirm by affidavit that he or she shall not transfer the
firearm to the respondent or to anyone residing in the same
residence as the respondent.
(h-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:

(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the
respondent does not have access to or control of the
firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; revised 11-9-21.)
(Text of Section after amendment by P.A. 102-345)

Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the type and
location of any firearm or firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm
presently believed by the petitioner to be possessed or
controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner

is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm, the circuit or associate judge shall issue an
emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,

issue a search warrant directing a law enforcement agency to
seize the respondent's firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. The court
may, as part of that warrant, direct the law enforcement
agency to search the respondent's residence and other places
where the court finds there is probable cause to believe he or
she is likely to possess the firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm. A
return of the search warrant shall be filed by the law
enforcement agency within 4 days thereafter, setting forth the
time, date, and location that the search warrant was executed
and what items, if any, were seized.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
or removing firearm parts that could be assembled to make
an operable firearm for the duration of the order under
Section 8.2 of the Firearm Owners Identification Card Act;
and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act Illinois,
ammunition, and firearm parts that could be assembled to
make an operable firearm.

(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card and concealed carry license cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
ammunition, or firearm parts that could be assembled to make
an operable firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm, use the firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm for training
purposes, or use the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm for any
other application as deemed appropriate by the local law
enforcement agency.
(h-5) On or before January 1, 2022, a respondent whose
Firearm Owner's Identification Card has been revoked or
suspended may petition the court, if the petitioner is present
in court or has notice of the respondent's petition, to
transfer the respondent's firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to a
person who is lawfully able to possess the firearm,

ammunition, and firearm parts that could be assembled to make
an operable firearm if the person does not reside at the same
address as the respondent. Notice of the petition shall be
served upon the person protected by the emergency firearms
restraining order. While the order is in effect, the
transferee who receives the respondent's firearms, ammunition,
and firearm parts that could be assembled to make an operable
firearm must swear or affirm by affidavit that he or she shall
not transfer the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm to the
respondent or to anyone residing in the same residence as the
respondent.
(h-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed

from the respondent's custody, control, or possession and
the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms

restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-9-21.)
(430 ILCS 67/40)
(Text of Section before amendment by P.A. 102-237)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm. The petition
shall also describe the number, types, and locations of any
firearms presently believed by the petitioner to be possessed
or controlled by the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all

intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a
6-month firearms restraining order, and, if the petitioner is
a law enforcement officer, referral to relevant domestic
violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest to having provided
the notice in the filed affidavit or verified pleading. If,
after making a good faith effort, the petitioner is unable to
provide notice to any or all intimate partners, the affidavit
or verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm by the respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.

(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court
shall issue a firearms restraining order that shall be in

effect for 6 months subject to renewal under Section 45 of this
Act or termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's
firearms. The court may, as part of that warrant, direct the
law enforcement agency to search the respondent's residence
and other places where the court finds there is probable cause
to believe he or she is likely to possess the firearms.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms for the duration of the
order under Section 8.2 of the Firearm Owners
Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act. Illinois
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
upon petition from the local law enforcement agency, the court

may order the local law enforcement agency to destroy the
firearms, use the firearms for training purposes, or use the
firearms for any other application as deemed appropriate by
the local law enforcement agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm to
a person who is lawfully able to possess the firearm if the
person does not reside at the same address as the respondent.
Notice of the petition shall be served upon the person
protected by the emergency firearms restraining order. While
the order is in effect, the transferee who receives the
respondent's firearms must swear or affirm by affidavit that
he or she shall not transfer the firearm to the respondent or
to anyone residing in the same residence as the respondent.
(i-6) If a person other than the respondent claims title
to any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner
agrees to store the firearm in a manner such that the

respondent does not have access to or control of the
firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her
firearm must swear or affirm by affidavit that he or she: (i)
is the lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; revised 11-3-21.)
(Text of Section after amendment by P.A. 102-345)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order by filing an affidavit or verified pleading

alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition,
and firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the number, types,
and locations of any firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm presently
believed by the petitioner to be possessed or controlled by
the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a
6-month firearms restraining order, and, if the petitioner is
a law enforcement officer, referral to relevant domestic
violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest to having provided
the notice in the filed affidavit or verified pleading. If,
after making a good faith effort, the petitioner is unable to
provide notice to any or all intimate partners, the affidavit
or verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month

firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable firearm by the
respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence

Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court
shall issue a firearms restraining order that shall be in
effect for 6 months subject to renewal under Section 45 of this
Act or termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm, issue a
search warrant directing a law enforcement agency to seize the

respondent's firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm. The court may,
as part of that warrant, direct the law enforcement agency to
search the respondent's residence and other places where the
court finds there is probable cause to believe he or she is
likely to possess the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. A return
of the search warrant shall be filed by the law enforcement
agency within 4 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items, if any, were seized.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm
for the duration of the order under Section 8.2 of the
Firearm Owners Identification Card Act; and
(2) the respondent to comply with Section 9.5 of the
Firearm Owners Identification Card Act and subsection (g)
of Section 70 of the Firearm Concealed Carry Act,
ammunition, and firearm parts that could be assembled to
make an operable firearm. Illinois, ammunition, and
firearm parts that could be assembled to make an operable
firearm
(i) Except as otherwise provided in subsection (i-5) of

this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm for any other
application as deemed appropriate by the local law enforcement
agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be

assembled to make an operable firearm if the person does not
reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(i-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are removed
from the respondent's custody, control, or possession and

the lawful owner agrees to store the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm in a manner such that the respondent does
not have access to or control of the firearm, ammunition,
and firearm parts that could be assembled to make an
operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order

under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-345, eff. 6-1-22; 102-538, eff. 8-20-21; revised 11-3-21.)
Section 570. The Wildlife Code is amended by changing
Section 3.3 as follows:
(520 ILCS 5/3.3) (from Ch. 61, par. 3.3)
Sec. 3.3. Trapping license required. Before any person
shall trap any of the mammals protected by this Act, for which
an open trapping season has been established, he shall first
procure a trapping license from the Department to do so. No
traps shall be placed in the field, set or unset, prior to the
opening day of the trapping season.
Traps used in the taking of such mammals shall be marked or
tagged with metal tags or inscribed in lettering giving the
name and address of the owner or the customer identification
number issued by the Department, and absence of such mark or
tag shall be prima facie evidence that such trap or traps are
illegally used and the trap or traps shall be confiscated and
disposed of as directed by the Department.
Before any person 18 years of age or older shall trap,

attempt to trap, or sell the green hides of any mammal of the
species defined as fur-bearing mammals by Section 2.2 for
which an open season is established under this Act, he shall
first have procured a State Habitat Stamp.
Beginning January 1, 2016, no trapping license shall be
issued to any person born on or after January 1, 1998 unless he
or she presents to the authorized issuer of the license
evidence that he or she has a certificate of competency
provided for in this Section.
The Department of Natural Resources shall authorize
personnel of the Department, or volunteer instructors, found
by the Department to be competent, to provide instruction in
courses on trapping techniques and ethical trapping behavior
as needed throughout the State, which courses shall be at
least 8 hours in length. Persons so authorized shall provide
instruction in such courses to individuals at no charge, and
shall issue to individuals successfully completing such
courses certificates of competency in basic trapping
techniques. The Department shall cooperate in establishing
such courses with any reputable association or organization
which has as one of its objectives the promotion of the ethical
use of legal fur harvesting devices and techniques. The
Department shall furnish information on the requirements of
the trapper education program to be distributed free of charge
to applicants for trapping licenses by the persons appointed
and authorized to issue licenses.

The owners residing on, or bona fide tenants of farm
lands, and their children actually residing on such lands,
shall have the right to trap mammals protected by this Act, for
which an open trapping season has been established, upon such
lands, without procuring licenses, provided that such mammals
are taken during the periods of time and with such devices as
are permitted by this Act.
Any person on active duty in the Armed Forces or any person
with a disability who is a resident of Illinois, may trap any
of the species protected by Section 2.2, during such times,
with such devices, and by such methods as are permitted by this
Act, without procuring a trapping license. For the purposes of
this Section, a person is considered a person with a
disability if he or she has a Type 1 or Type 4, Class 2
disability as defined in Section 4A of the Illinois
Identification Card Act. For purposes of this Section, an
Illinois Person with a Disability Identification Card issued
pursuant to the Illinois Identification Card Act indicating
that the person thereon named has a Type 1 or Type 4, Class 2
disability shall be adequate documentation of such a
disability.
(Source: P.A. 101-81, eff. 7-12-19; 102-524, eff. 8-20-21;
revised 11-29-21.)
Section 575. The Illinois Vehicle Code is amended by
changing Sections 3-117.1, 3-699.14, 5-102, 5-402.1, 6-106.1,

6-107.5, 6-206, 6-508, 11-212, 11-907, 11-1201.1, 13-108,
13-109.1, 15-102, 15-305, 16-103, and 16-105 as follows:
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
Sec. 3-117.1. When junking certificates or salvage
certificates must be obtained.
(a) Except as provided in Chapter 4 and Section 3-117.3 of
this Code, a person who possesses a junk vehicle shall within
15 days cause the certificate of title, salvage certificate,
certificate of purchase, or a similarly acceptable
out-of-state document of ownership to be surrendered to the
Secretary of State along with an application for a junking
certificate, except as provided in Section 3-117.2, whereupon
the Secretary of State shall issue to such a person a junking
certificate, which shall authorize the holder thereof to
possess, transport, or, by an endorsement, transfer ownership
in such junked vehicle, and a certificate of title shall not
again be issued for such vehicle. The owner of a junk vehicle
is not required to surrender the certificate of title under
this subsection if (i) there is no lienholder on the
certificate of title or (ii) the owner of the junk vehicle has
a valid lien release from the lienholder releasing all
interest in the vehicle and the owner applying for the junk
certificate matches the current record on the certificate of
title file for the vehicle.
A licensee who possesses a junk vehicle and a Certificate

of Title, Salvage Certificate, Certificate of Purchase, or a
similarly acceptable out-of-state document of ownership for
such junk vehicle, may transport the junk vehicle to another
licensee prior to applying for or obtaining a junking
certificate, by executing a uniform invoice. The licensee
transferor shall furnish a copy of the uniform invoice to the
licensee transferee at the time of transfer. In any case, the
licensee transferor shall apply for a junking certificate in
conformance with Section 3-117.1 of this Chapter. The
following information shall be contained on a uniform invoice:
(1) The business name, address, and dealer license
number of the person disposing of the vehicle, junk
vehicle, or vehicle cowl;
(2) The name and address of the person acquiring the
vehicle, junk vehicle, or vehicle cowl, and, if that
person is a dealer, the Illinois or out-of-state dealer
license number of that dealer;
(3) The date of the disposition of the vehicle, junk
vehicle, or vehicle cowl;
(4) The year, make, model, color, and description of
each vehicle, junk vehicle, or vehicle cowl disposed of by
such person;
(5) The manufacturer's vehicle identification number,
Secretary of State identification number, or Illinois
State Police number, for each vehicle, junk vehicle, or
vehicle cowl part disposed of by such person;

(6) The printed name and legible signature of the
person or agent disposing of the vehicle, junk vehicle, or
vehicle cowl; and
(7) The printed name and legible signature of the
person accepting delivery of the vehicle, junk vehicle, or
vehicle cowl.
The Secretary of State may certify a junking manifest in a
form prescribed by the Secretary of State that reflects those
vehicles for which junking certificates have been applied or
issued. A junking manifest may be issued to any person and it
shall constitute evidence of ownership for the vehicle listed
upon it. A junking manifest may be transferred only to a person
licensed under Section 5-301 of this Code as a scrap
processor. A junking manifest will allow the transportation of
those vehicles to a scrap processor prior to receiving the
junk certificate from the Secretary of State.
(b) An application for a salvage certificate shall be
submitted to the Secretary of State in any of the following
situations:
(1) When an insurance company makes a payment of
damages on a total loss claim for a vehicle, the insurance
company shall be deemed to be the owner of such vehicle and
the vehicle shall be considered to be salvage except that
ownership of (i) a vehicle that has incurred only hail
damage that does not affect the operational safety of the
vehicle or (ii) any vehicle 9 model years of age or older

may, by agreement between the registered owner and the
insurance company, be retained by the registered owner of
such vehicle. The insurance company shall promptly deliver
or mail within 20 days the certificate of title along with
proper application and fee to the Secretary of State, and
a salvage certificate shall be issued in the name of the
insurance company. Notwithstanding the foregoing, an
insurer making payment of damages on a total loss claim
for the theft of a vehicle shall not be required to apply
for a salvage certificate unless the vehicle is recovered
and has incurred damage that initially would have caused
the vehicle to be declared a total loss by the insurer.
(1.1) When a vehicle of a self-insured company is to
be sold in the State of Illinois and has sustained damaged
by collision, fire, theft, rust corrosion, or other means
so that the self-insured company determines the vehicle to
be a total loss, or if the cost of repairing the damage,
including labor, would be greater than 70% of its fair
market value without that damage, the vehicle shall be
considered salvage. The self-insured company shall
promptly deliver the certificate of title along with
proper application and fee to the Secretary of State, and
a salvage certificate shall be issued in the name of the
self-insured company. A self-insured company making
payment of damages on a total loss claim for the theft of a
vehicle may exchange the salvage certificate for a

certificate of title if the vehicle is recovered without
damage. In such a situation, the self-insured shall fill
out and sign a form prescribed by the Secretary of State
which contains an affirmation under penalty of perjury
that the vehicle was recovered without damage and the
Secretary of State may, by rule, require photographs to be
submitted.
(2) When a vehicle the ownership of which has been
transferred to any person through a certificate of
purchase from acquisition of the vehicle at an auction,
other dispositions as set forth in Sections 4-208 and
4-209 of this Code, or a lien arising under Section
18a-501 of this Code shall be deemed salvage or junk at the
option of the purchaser. The person acquiring such vehicle
in such manner shall promptly deliver or mail, within 20
days after the acquisition of the vehicle, the certificate
of purchase, the proper application and fee, and, if the
vehicle is an abandoned mobile home under the Abandoned
Mobile Home Act, a certification from a local law
enforcement agency that the vehicle was purchased or
acquired at a public sale under the Abandoned Mobile Home
Act to the Secretary of State and a salvage certificate or
junking certificate shall be issued in the name of that
person. The salvage certificate or junking certificate
issued by the Secretary of State under this Section shall
be free of any lien that existed against the vehicle prior

to the time the vehicle was acquired by the applicant
under this Code.
(3) A vehicle which has been repossessed by a
lienholder shall be considered to be salvage only when the
repossessed vehicle, on the date of repossession by the
lienholder, has sustained damage by collision, fire,
theft, rust corrosion, or other means so that the cost of
repairing such damage, including labor, would be greater
than 50% of its fair market value without such damage. If
the lienholder determines that such vehicle is damaged in
excess of 50% of such fair market value, the lienholder
shall, before sale, transfer, or assignment of the
vehicle, make application for a salvage certificate, and
shall submit with such application the proper fee and
evidence of possession. If the facts required to be shown
in subsection (f) of Section 3-114 are satisfied, the
Secretary of State shall issue a salvage certificate in
the name of the lienholder making the application. In any
case wherein the vehicle repossessed is not damaged in
excess of 50% of its fair market value, the lienholder
shall comply with the requirements of subsections (f),
(f-5), and (f-10) of Section 3-114, except that the
affidavit of repossession made by or on behalf of the
lienholder shall also contain an affirmation under penalty
of perjury that the vehicle on the date of sale is not
damaged in excess of 50% of its fair market value. If the

facts required to be shown in subsection (f) of Section
3-114 are satisfied, the Secretary of State shall issue a
certificate of title as set forth in Section 3-116 of this
Code. The Secretary of State may by rule or regulation
require photographs to be submitted.
(4) A vehicle which is a part of a fleet of more than 5
commercial vehicles registered in this State or any other
state or registered proportionately among several states
shall be considered to be salvage when such vehicle has
sustained damage by collision, fire, theft, rust,
corrosion or similar means so that the cost of repairing
such damage, including labor, would be greater than 50% of
the fair market value of the vehicle without such damage.
If the owner of a fleet vehicle desires to sell, transfer,
or assign his interest in such vehicle to a person within
this State other than an insurance company licensed to do
business within this State, and the owner determines that
such vehicle, at the time of the proposed sale, transfer
or assignment is damaged in excess of 50% of its fair
market value, the owner shall, before such sale, transfer
or assignment, make application for a salvage certificate.
The application shall contain with it evidence of
possession of the vehicle. If the fleet vehicle at the
time of its sale, transfer, or assignment is not damaged
in excess of 50% of its fair market value, the owner shall
so state in a written affirmation on a form prescribed by

the Secretary of State by rule or regulation. The
Secretary of State may by rule or regulation require
photographs to be submitted. Upon sale, transfer or
assignment of the fleet vehicle the owner shall mail the
affirmation to the Secretary of State.
(5) A vehicle that has been submerged in water to the
point that rising water has reached over the door sill and
has entered the passenger or trunk compartment is a "flood
vehicle". A flood vehicle shall be considered to be
salvage only if the vehicle has sustained damage so that
the cost of repairing the damage, including labor, would
be greater than 50% of the fair market value of the vehicle
without that damage. The salvage certificate issued under
this Section shall indicate the word "flood", and the word
"flood" shall be conspicuously entered on subsequent
titles for the vehicle. A person who possesses or acquires
a flood vehicle that is not damaged in excess of 50% of its
fair market value shall make application for title in
accordance with Section 3-116 of this Code, designating
the vehicle as "flood" in a manner prescribed by the
Secretary of State. The certificate of title issued shall
indicate the word "flood", and the word "flood" shall be
conspicuously entered on subsequent titles for the
vehicle.
(6) When any licensed rebuilder, repairer, new or used
vehicle dealer, or remittance agent has submitted an

application for title to a vehicle (other than an
application for title to a rebuilt vehicle) that he or she
knows or reasonably should have known to have sustained
damages in excess of 50% of the vehicle's fair market
value without that damage; provided, however, that any
application for a salvage certificate for a vehicle
recovered from theft and acquired from an insurance
company shall be made as required by paragraph (1) of this
subsection (b).
(c) Any person who without authority acquires, sells,
exchanges, gives away, transfers or destroys or offers to
acquire, sell, exchange, give away, transfer or destroy the
certificate of title to any vehicle which is a junk or salvage
vehicle shall be guilty of a Class 3 felony.
(d) Except as provided under subsection (a), any person
who knowingly fails to surrender to the Secretary of State a
certificate of title, salvage certificate, certificate of
purchase or a similarly acceptable out-of-state document of
ownership as required under the provisions of this Section is
guilty of a Class A misdemeanor for a first offense and a Class
4 felony for a subsequent offense; except that a person
licensed under this Code who violates paragraph (5) of
subsection (b) of this Section is guilty of a business offense
and shall be fined not less than $1,000 nor more than $5,000
for a first offense and is guilty of a Class 4 felony for a
second or subsequent violation.

(e) Any vehicle which is salvage or junk may not be driven
or operated on roads and highways within this State. A
violation of this subsection is a Class A misdemeanor. A
salvage vehicle displaying valid special plates issued under
Section 3-601(b) of this Code, which is being driven to or from
an inspection conducted under Section 3-308 of this Code, is
exempt from the provisions of this subsection. A salvage
vehicle for which a short term permit has been issued under
Section 3-307 of this Code is exempt from the provisions of
this subsection for the duration of the permit.
(Source: P.A. 101-81, eff. 7-12-19; 102-319, eff. 1-1-22;
102-538, eff. 8-20-21; revised 9-22-21.)
(625 ILCS 5/3-699.14)
Sec. 3-699.14. Universal special license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary, may
issue Universal special license plates to residents of
Illinois on behalf of organizations that have been authorized
by the General Assembly to issue decals for Universal special
license plates. Appropriate documentation, as determined by
the Secretary, shall accompany each application. Authorized
organizations shall be designated by amendment to this
Section. When applying for a Universal special license plate
the applicant shall inform the Secretary of the name of the

authorized organization from which the applicant will obtain a
decal to place on the plate. The Secretary shall make a record
of that organization and that organization shall remain
affiliated with that plate until the plate is surrendered,
revoked, or otherwise cancelled. The authorized organization
may charge a fee to offset the cost of producing and
distributing the decal, but that fee shall be retained by the
authorized organization and shall be separate and distinct
from any registration fees charged by the Secretary. No decal,
sticker, or other material may be affixed to a Universal
special license plate other than a decal authorized by the
General Assembly in this Section or a registration renewal
sticker. The special plates issued under this Section shall be
affixed only to passenger vehicles of the first division,
including motorcycles and autocycles, or motor vehicles of the
second division weighing not more than 8,000 pounds. Plates
issued under this Section shall expire according to the
multi-year procedure under Section 3-414.1 of this Code.
(b) The design, color, and format of the Universal special
license plate shall be wholly within the discretion of the
Secretary. Universal special license plates are not required
to designate "Land of Lincoln", as prescribed in subsection
(b) of Section 3-412 of this Code. The design shall allow for
the application of a decal to the plate. Organizations
authorized by the General Assembly to issue decals for
Universal special license plates shall comply with rules

adopted by the Secretary governing the requirements for and
approval of Universal special license plate decals. The
Secretary may, in his or her discretion, allow Universal
special license plates to be issued as vanity or personalized
plates in accordance with Section 3-405.1 of this Code. The
Secretary of State must make a version of the special
registration plates authorized under this Section in a form
appropriate for motorcycles and autocycles.
(c) When authorizing a Universal special license plate,
the General Assembly shall set forth whether an additional fee
is to be charged for the plate and, if a fee is to be charged,
the amount of the fee and how the fee is to be distributed.
When necessary, the authorizing language shall create a
special fund in the State treasury into which fees may be
deposited for an authorized Universal special license plate.
Additional fees may only be charged if the fee is to be paid
over to a State agency or to a charitable entity that is in
compliance with the registration and reporting requirements of
the Charitable Trust Act and the Solicitation for Charity Act.
Any charitable entity receiving fees for the sale of Universal
special license plates shall annually provide the Secretary of
State a letter of compliance issued by the Attorney General
verifying that the entity is in compliance with the Charitable
Trust Act and the Solicitation for Charity Act.
(d) Upon original issuance and for each registration
renewal period, in addition to the appropriate registration

fee, if applicable, the Secretary shall collect any additional
fees, if required, for issuance of Universal special license
plates. The fees shall be collected on behalf of the
organization designated by the applicant when applying for the
plate. All fees collected shall be transferred to the State
agency on whose behalf the fees were collected, or paid into
the special fund designated in the law authorizing the
organization to issue decals for Universal special license
plates. All money in the designated fund shall be distributed
by the Secretary subject to appropriation by the General
Assembly.
(e) The following organizations may issue decals for
Universal special license plates with the original and renewal
fees and fee distribution as follows:
(1) The Illinois Department of Natural Resources.
(A) Original issuance: $25; with $10 to the
Roadside Monarch Habitat Fund and $15 to the Secretary
of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Roadside Monarch
Habitat Fund and $2 to the Secretary of State Special
License Plate Fund.
(2) Illinois Veterans' Homes.
(A) Original issuance: $26, which shall be
deposited into the Illinois Veterans' Homes Fund.
(B) Renewal: $26, which shall be deposited into
the Illinois Veterans' Homes Fund.

(3) The Illinois Department of Human Services for
volunteerism decals.
(A) Original issuance: $25, which shall be
deposited into the Secretary of State Special License
Plate Fund.
(B) Renewal: $25, which shall be deposited into
the Secretary of State Special License Plate Fund.
(4) The Illinois Department of Public Health.
(A) Original issuance: $25; with $10 to the
Prostate Cancer Awareness Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Prostate Cancer
Awareness Fund and $2 to the Secretary of State
Special License Plate Fund.
(5) Horsemen's Council of Illinois.
(A) Original issuance: $25; with $10 to the
Horsemen's Council of Illinois Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Horsemen's
Council of Illinois Fund and $2 to the Secretary of
State Special License Plate Fund.
(6) K9s for Veterans, NFP.
(A) Original issuance: $25; with $10 to the
Post-Traumatic Stress Disorder Awareness Fund and $15
to the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Post-Traumatic

Stress Disorder Awareness Fund and $2 to the Secretary
of State Special License Plate Fund.
(7) The International Association of Machinists and
Aerospace Workers.
(A) Original issuance: $35; with $20 to the Guide
Dogs of America Fund and $15 to the Secretary of State
Special License Plate Fund.
(B) Renewal: $25; with $23 going to the Guide Dogs
of America Fund and $2 to the Secretary of State
Special License Plate Fund.
(8) Local Lodge 701 of the International Association
of Machinists and Aerospace Workers.
(A) Original issuance: $35; with $10 to the Guide
Dogs of America Fund, $10 to the Mechanics Training
Fund, and $15 to the Secretary of State Special
License Plate Fund.
(B) Renewal: $30; with $13 to the Guide Dogs of
America Fund, $15 to the Mechanics Training Fund, and
$2 to the Secretary of State Special License Plate
Fund.
(9) Illinois Department of Human Services.
(A) Original issuance: $25; with $10 to the
Theresa Tracy Trot - Illinois CancerCare Foundation
Fund and $15 to the Secretary of State Special License
Plate Fund.
(B) Renewal: $25; with $23 to the Theresa Tracy

Trot - Illinois CancerCare Foundation Fund and $2 to
the Secretary of State Special License Plate Fund.
(10) The Illinois Department of Human Services for
developmental disabilities awareness decals.
(A) Original issuance: $25; with $10 to the
Developmental Disabilities Awareness Fund and $15 to
the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Developmental
Disabilities Awareness Fund and $2 to the Secretary of
State Special License Plate Fund.
(11) The Illinois Department of Human Services for
pediatric cancer awareness decals.
(A) Original issuance: $25; with $10 to the
Pediatric Cancer Awareness Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Pediatric Cancer
Awareness Fund and $2 to the Secretary of State
Special License Plate Fund.
(12) The Department of Veterans' Affairs for Fold of
Honor decals.
(A) Original issuance: $25; with $10 to the Folds
of Honor Foundation Fund and $15 to the Secretary of
State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Folds of Honor
Foundation Fund and $2 to the Secretary of State
Special License Plate Fund.

(13) (12) The Illinois chapters of the Experimental
Aircraft Association for aviation enthusiast decals.
(A) Original issuance: $25; with $10 to the
Experimental Aircraft Association Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Experimental
Aircraft Association Fund and $2 to the Secretary of
State Special License Plate Fund.
(14) (12) The Illinois Department of Human Services
for Child Abuse Council of the Quad Cities decals.
(A) Original issuance: $25; with $10 to the Child
Abuse Council of the Quad Cities Fund and $15 to the
Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Child Abuse
Council of the Quad Cities Fund and $2 to the Secretary
of State Special License Plate Fund.
(15) (12) The Illinois Department of Public Health for
health care worker decals.
(A) Original issuance: $25; with $10 to the
Illinois Health Care Workers Benefit Fund, and $15 to
the Secretary of State Special License Plate Fund.
(B) Renewal: $25; with $23 to the Illinois Health
Care Workers Benefit Fund and $2 to the Secretary of
State Special License Plate Fund.
(f) The following funds are created as special funds in
the State treasury:

(1) The Roadside Monarch Habitat Fund. All money in
the Roadside Monarch Habitat Fund shall be paid as grants
to the Illinois Department of Natural Resources to fund
roadside monarch and other pollinator habitat development,
enhancement, and restoration projects in this State.
(2) The Prostate Cancer Awareness Fund. All money in
the Prostate Cancer Awareness Fund shall be paid as grants
to the Prostate Cancer Foundation of Chicago.
(3) The Horsemen's Council of Illinois Fund. All money
in the Horsemen's Council of Illinois Fund shall be paid
as grants to the Horsemen's Council of Illinois.
(4) The Post-Traumatic Stress Disorder Awareness Fund.
All money in the Post-Traumatic Stress Disorder Awareness
Fund shall be paid as grants to K9s for Veterans, NFP for
support, education, and awareness of veterans with
post-traumatic stress disorder.
(5) The Guide Dogs of America Fund. All money in the
Guide Dogs of America Fund shall be paid as grants to the
International Guiding Eyes, Inc., doing business as Guide
Dogs of America.
(6) The Mechanics Training Fund. All money in the
Mechanics Training Fund shall be paid as grants to the
Mechanics Local 701 Training Fund.
(7) The Theresa Tracy Trot - Illinois CancerCare
Foundation Fund. All money in the Theresa Tracy Trot -
Illinois CancerCare Foundation Fund shall be paid to the

Illinois CancerCare Foundation for the purpose of
furthering pancreatic cancer research.
(8) The Developmental Disabilities Awareness Fund. All
money in the Developmental Disabilities Awareness Fund
shall be paid as grants to the Illinois Department of
Human Services to fund legal aid groups to assist with
guardianship fees for private citizens willing to become
guardians for individuals with developmental disabilities
but who are unable to pay the legal fees associated with
becoming a guardian.
(9) The Pediatric Cancer Awareness Fund. All money in
the Pediatric Cancer Awareness Fund shall be paid as
grants to the Cancer Center at Illinois for pediatric
cancer treatment and research.
(10) The Folds of Honor Foundation Fund. All money in
the Folds of Honor Foundation Fund shall be paid as grants
to the Folds of Honor Foundation to aid in providing
educational scholarships to military families.
(11) (10) The Experimental Aircraft Association Fund.
All money in the Experimental Aircraft Association Fund
shall be paid, subject to appropriation by the General
Assembly and distribution by the Secretary, as grants to
promote recreational aviation.
(12) (10) The Child Abuse Council of the Quad Cities
Fund. All money in the Child Abuse Council of the Quad
Cities Fund shall be paid as grants to benefit the Child

Abuse Council of the Quad Cities.
(13) (10) The Illinois Health Care Workers Benefit
Fund. All money in the Illinois Health Care Workers
Benefit Fund shall be paid as grants to the Trinity Health
Foundation for the benefit of health care workers,
doctors, nurses, and others who work in the health care
industry in this State.
(Source: P.A. 101-248, eff. 1-1-20; 101-256, eff. 1-1-20;
101-276, eff. 8-9-19; 101-282, eff. 1-1-20; 101-372, eff.
1-1-20; 102-383, eff. 1-1-22; 102-422, eff. 8-20-21; 102-423,
eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff. 8-20-21;
revised 9-22-21.)
(625 ILCS 5/5-102) (from Ch. 95 1/2, par. 5-102)
Sec. 5-102. Used vehicle dealers must be licensed.
(a) No person, other than a licensed new vehicle dealer,
shall engage in the business of selling or dealing in, on
consignment or otherwise, 5 or more used vehicles of any make
during the year (except house trailers as authorized by
paragraph (j) of this Section and rebuilt salvage vehicles
sold by their rebuilders to persons licensed under this
Chapter), or act as an intermediary, agent or broker for any
licensed dealer or vehicle purchaser (other than as a
salesperson) or represent or advertise that he is so engaged
or intends to so engage in such business unless licensed to do
so by the Secretary of State under the provisions of this

Section.
(b) An application for a used vehicle dealer's license
shall be filed with the Secretary of State, duly verified by
oath, in such form as the Secretary of State may by rule or
regulation prescribe and shall contain:
1. The name and type of business organization
established and additional places of business, if any, in
this State.
2. If the applicant is a corporation, a list of its
officers, directors, and shareholders having a ten percent
or greater ownership interest in the corporation, setting
forth the residence address of each; if the applicant is a
sole proprietorship, a partnership, an unincorporated
association, a trust, or any similar form of business
organization, the names and residence address of the
proprietor or of each partner, member, officer, director,
trustee, or manager.
3. A statement that the applicant has been approved
for registration under the Retailers' Occupation Tax Act
by the Department of Revenue. However, this requirement
does not apply to a dealer who is already licensed
hereunder with the Secretary of State, and who is merely
applying for a renewal of his license. As evidence of this
fact, the application shall be accompanied by a
certification from the Department of Revenue showing that
the Department has approved the applicant for registration

under the Retailers' Occupation Tax Act.
4. A statement that the applicant has complied with
the appropriate liability insurance requirement. A
Certificate of Insurance in a solvent company authorized
to do business in the State of Illinois shall be included
with each application covering each location at which he
proposes to act as a used vehicle dealer. The policy must
provide liability coverage in the minimum amounts of
$100,000 for bodily injury to, or death of, any person,
$300,000 for bodily injury to, or death of, two or more
persons in any one accident, and $50,000 for damage to
property. Such policy shall expire not sooner than
December 31 of the year for which the license was issued or
renewed. The expiration of the insurance policy shall not
terminate the liability under the policy arising during
the period for which the policy was filed. Trailer and
mobile home dealers are exempt from this requirement.
If the permitted user has a liability insurance policy
that provides automobile liability insurance coverage of
at least $100,000 for bodily injury to or the death of any
person, $300,000 for bodily injury to or the death of any 2
or more persons in any one accident, and $50,000 for
damage to property, then the permitted user's insurer
shall be the primary insurer and the dealer's insurer
shall be the secondary insurer. If the permitted user does
not have a liability insurance policy that provides

automobile liability insurance coverage of at least
$100,000 for bodily injury to or the death of any person,
$300,000 for bodily injury to or the death of any 2 or more
persons in any one accident, and $50,000 for damage to
property, or does not have any insurance at all, then the
dealer's insurer shall be the primary insurer and the
permitted user's insurer shall be the secondary insurer.
When a permitted user is "test driving" a used vehicle
dealer's automobile, the used vehicle dealer's insurance
shall be primary and the permitted user's insurance shall
be secondary.
As used in this paragraph 4, a "permitted user" is a
person who, with the permission of the used vehicle dealer
or an employee of the used vehicle dealer, drives a
vehicle owned and held for sale or lease by the used
vehicle dealer which the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle. The term
"permitted user" also includes a person who, with the
permission of the used vehicle dealer, drives a vehicle
owned or held for sale or lease by the used vehicle dealer
for loaner purposes while the user's vehicle is being
repaired or evaluated.
As used in this paragraph 4, "test driving" occurs
when a permitted user who, with the permission of the used
vehicle dealer or an employee of the used vehicle dealer,

drives a vehicle owned and held for sale or lease by a used
vehicle dealer that the person is considering to purchase
or lease, in order to evaluate the performance,
reliability, or condition of the vehicle.
As used in this paragraph 4, "loaner purposes" means
when a person who, with the permission of the used vehicle
dealer, drives a vehicle owned or held for sale or lease by
the used vehicle dealer while the user's vehicle is being
repaired or evaluated.
5. An application for a used vehicle dealer's license
shall be accompanied by the following license fees:
(A) $1,000 for applicant's established place of
business, and $50 for each additional place of
business, if any, to which the application pertains;
however, if the application is made after June 15 of
any year, the license fee shall be $500 for
applicant's established place of business plus $25 for
each additional place of business, if any, to which
the application pertains. License fees shall be
returnable only in the event that the application is
denied by the Secretary of State. Of the money
received by the Secretary of State as license fees
under this subparagraph (A) for the 2004 licensing
year and thereafter, 95% shall be deposited into the
General Revenue Fund.
(B) Except for dealers selling 25 or fewer

automobiles or as provided in subsection (h) of
Section 5-102.7 of this Code, an Annual Dealer
Recovery Fund Fee in the amount of $500 for the
applicant's established place of business, and $50 for
each additional place of business, if any, to which
the application pertains; but if the application is
made after June 15 of any year, the fee shall be $250
for the applicant's established place of business plus
$25 for each additional place of business, if any, to
which the application pertains. For a license renewal
application, the fee shall be based on the amount of
automobiles sold in the past year according to the
following formula:
(1) $0 for dealers selling 25 or less
automobiles;
(2) $150 for dealers selling more than 25 but
less than 200 automobiles;
(3) $300 for dealers selling 200 or more
automobiles but less than 300 automobiles; and
(4) $500 for dealers selling 300 or more
automobiles.
License fees shall be returnable only in the event
that the application is denied by the Secretary of
State. Moneys received under this subparagraph (B)
shall be deposited into the Dealer Recovery Trust
Fund.

6. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager, or other principals in the
business have not committed in the past 3 years any one
violation as determined in any civil, criminal, or
administrative proceedings of any one of the following
Acts:
(A) The Anti-Theft Laws of the Illinois Vehicle
Code;
(B) The Certificate of Title Laws of the Illinois
Vehicle Code;
(C) The Offenses against Registration and
Certificates of Title Laws of the Illinois Vehicle
Code;
(D) The Dealers, Transporters, Wreckers and
Rebuilders Laws of the Illinois Vehicle Code;
(E) Section 21-2 of the Illinois Criminal Code of
1961 or the Criminal Code of 2012, Criminal Trespass
to Vehicles; or
(F) The Retailers' Occupation Tax Act.
7. A statement that the applicant's officers,
directors, shareholders having a 10% or greater ownership
interest therein, proprietor, partner, member, officer,
director, trustee, manager, or other principals in the
business have not committed in any calendar year 3 or more

violations, as determined in any civil, or criminal, or
administrative proceedings, of any one or more of the
following Acts:
(A) The Consumer Finance Act;
(B) The Consumer Installment Loan Act;
(C) The Retail Installment Sales Act;
(D) The Motor Vehicle Retail Installment Sales
Act;
(E) The Interest Act;
(F) The Illinois Wage Assignment Act;
(G) Part 8 of Article XII of the Code of Civil
Procedure; or
(H) The Consumer Fraud and Deceptive Business
Practices Act.
7.5. A statement that, within 10 years of application,
each officer, director, shareholder having a 10% or
greater ownership interest therein, proprietor, partner,
member, officer, director, trustee, manager, or other
principal in the business of the applicant has not
committed, as determined in any civil, criminal, or
administrative proceeding, in any calendar year one or
more forcible felonies under the Criminal Code of 1961 or
the Criminal Code of 2012, or a violation of either or both
Article 16 or 17 of the Criminal Code of 1961 or a
violation of either or both Article 16 or 17 of the
Criminal Code of 2012, Article 29B of the Criminal Code of

1961 or the Criminal Code of 2012, or a similar
out-of-state offense. For the purposes of this paragraph,
"forcible felony" has the meaning provided in Section 2-8
of the Criminal Code of 2012.
8. A bond or Certificate of Deposit in the amount of
$50,000 for each location at which the applicant intends
to act as a used vehicle dealer. The bond shall be for the
term of the license, or its renewal, for which application
is made, and shall expire not sooner than December 31 of
the year for which the license was issued or renewed. The
bond shall run to the People of the State of Illinois, with
surety by a bonding or insurance company authorized to do
business in this State. It shall be conditioned upon the
proper transmittal of all title and registration fees and
taxes (excluding taxes under the Retailers' Occupation Tax
Act) accepted by the applicant as a used vehicle dealer.
9. Such other information concerning the business of
the applicant as the Secretary of State may by rule or
regulation prescribe.
10. A statement that the applicant understands Chapter
1 through Chapter 5 of this Code.
11. A copy of the certification from the prelicensing
education program.
12. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of

the dealership.
(c) Any change which renders no longer accurate any
information contained in any application for a used vehicle
dealer's license shall be amended within 30 days after the
occurrence of each change on such form as the Secretary of
State may prescribe by rule or regulation, accompanied by an
amendatory fee of $2.
(d) Anything in this Chapter to the contrary
notwithstanding, no person shall be licensed as a used vehicle
dealer unless such person maintains an established place of
business as defined in this Chapter.
(e) The Secretary of State shall, within a reasonable time
after receipt, examine an application submitted to him under
this Section. Unless the Secretary makes a determination that
the application submitted to him does not conform to this
Section or that grounds exist for a denial of the application
under Section 5-501 of this Chapter, he must grant the
applicant an original used vehicle dealer's license in writing
for his established place of business and a supplemental
license in writing for each additional place of business in
such form as he may prescribe by rule or regulation which shall
include the following:
1. The name of the person licensed;
2. If a corporation, the name and address of its
officers or if a sole proprietorship, a partnership, an
unincorporated association or any similar form of business

organization, the name and address of the proprietor or of
each partner, member, officer, director, trustee, or
manager;
3. In case of an original license, the established
place of business of the licensee;
4. In the case of a supplemental license, the
established place of business of the licensee and the
additional place of business to which such supplemental
license pertains;
5. The full name, address, and contact information of
each of the dealer's agents or legal representatives who
is an Illinois resident and liable for the performance of
the dealership.
(f) The appropriate instrument evidencing the license or a
certified copy thereof, provided by the Secretary of State
shall be kept posted, conspicuously, in the established place
of business of the licensee and in each additional place of
business, if any, maintained by such licensee.
(g) Except as provided in subsection (h) of this Section,
all used vehicle dealer's licenses granted under this Section
expire by operation of law on December 31 of the calendar year
for which they are granted unless sooner revoked or cancelled
under Section 5-501 of this Chapter.
(h) A used vehicle dealer's license may be renewed upon
application and payment of the fee required herein, and
submission of proof of coverage by an approved bond under the

"Retailers' Occupation Tax Act" or proof that applicant is not
subject to such bonding requirements, as in the case of an
original license, but in case an application for the renewal
of an effective license is made during the month of December,
the effective license shall remain in force until the
application for renewal is granted or denied by the Secretary
of State.
(i) All persons licensed as a used vehicle dealer are
required to furnish each purchaser of a motor vehicle:
1. A certificate of title properly assigned to the
purchaser;
2. A statement verified under oath that all
identifying numbers on the vehicle agree with those on the
certificate of title;
3. A bill of sale properly executed on behalf of such
person;
4. A copy of the Uniform Invoice-transaction reporting
return referred to in Section 5-402 of this Chapter;
5. In the case of a rebuilt vehicle, a copy of the
Disclosure of Rebuilt Vehicle Status; and
6. In the case of a vehicle for which the warranty has
been reinstated, a copy of the warranty.
(j) A real estate broker holding a valid certificate of
registration issued pursuant to "The Real Estate Brokers and
Salesmen License Act" may engage in the business of selling or
dealing in house trailers not his own without being licensed

as a used vehicle dealer under this Section; however such
broker shall maintain a record of the transaction including
the following:
(1) the name and address of the buyer and seller,
(2) the date of sale,
(3) a description of the mobile home, including the
vehicle identification number, make, model, and year, and
(4) the Illinois certificate of title number.
The foregoing records shall be available for inspection by
any officer of the Secretary of State's Office at any
reasonable hour.
(k) Except at the time of sale or repossession of the
vehicle, no person licensed as a used vehicle dealer may issue
any other person a newly created key to a vehicle unless the
used vehicle dealer makes a color photocopy or electronic scan
of the driver's license or State identification card of the
person requesting or obtaining the newly created key. The used
vehicle dealer must retain the photocopy or scan for 30 days.
A used vehicle dealer who violates this subsection (k) is
guilty of a petty offense. Violation of this subsection (k) is
not cause to suspend, revoke, cancel, or deny renewal of the
used vehicle dealer's license.
(l) Used vehicle dealers licensed under this Section shall
provide the Secretary of State a register for the sale at
auction of each salvage or junk certificate vehicle. Each
register shall include the following information:

1. The year, make, model, style, and color of the
vehicle;
2. The vehicle's manufacturer's identification number
or, if applicable, the Secretary of State or Illinois
State Police identification number;
3. The date of acquisition of the vehicle;
4. The name and address of the person from whom the
vehicle was acquired;
5. The name and address of the person to whom any
vehicle was disposed, the person's Illinois license number
or if the person is an out-of-state salvage vehicle buyer,
the license number from the state or jurisdiction where
the buyer is licensed; and
6. The purchase price of the vehicle.
The register shall be submitted to the Secretary of State
via written or electronic means within 10 calendar days from
the date of the auction.
(m) If a licensee under this Section voluntarily
surrenders a license to the Illinois Secretary of State Police
or a representative of the Secretary of State Vehicle Services
Department due to the licensee's inability to adhere to
recordkeeping provisions, or the inability to properly issue
certificates of title or registrations under this Code, or the
Secretary revokes a license under this Section, then the
licensee and the licensee's agent, designee, or legal
representative, if applicable, may not be named on a new

application for a licensee under this Section or under this
Chapter, nor is the licensee or the licensee's agent,
designee, or legal representative permitted to work for
another licensee under this Chapter in a recordkeeping,
management, or financial position or as an employee who
handles certificate of title and registration documents and
applications.
(Source: P.A. 101-505, eff. 1-1-20; 102-154, eff. 1-1-22;
102-538, eff. 8-20-21; revised 10-15-21.)
(625 ILCS 5/5-402.1) (from Ch. 95 1/2, par. 5-402.1)
Sec. 5-402.1. Use of Secretary of State Uniform Invoice
for Essential Parts.
(a) Except for scrap processors, every person licensed or
required to be licensed under Section 5-101, 5-101.1, 5-102,
5-102.8, or 5-301 of this Code shall issue, in a form the
Secretary of State may by rule or regulation prescribe, a
Uniform Invoice, which may also act as a bill of sale, with
respect to each transaction in which he disposes of an
essential part other than quarter panels and transmissions of
vehicles of the first division. Such Invoice shall be made out
at the time of the disposition of the essential part. If the
licensee disposes of several essential parts in the same
transaction, the licensee may issue one Uniform Invoice
covering all essential parts disposed of in that transaction.
(b) The following information shall be contained on the

Uniform Invoice:
(1) the business name, address, and dealer license
number of the person disposing of the essential part;
(2) the name and address of the person acquiring the
essential part, and if that person is a dealer, the
Illinois or out-of-state dealer license number of that
dealer;
(3) the date of the disposition of the essential part;
(4) the year, make, model, color, and description of
each essential part disposed of by the person;
(5) the manufacturer's vehicle identification number,
Secretary of State identification number, or Illinois
State Police identification number, for each essential
part disposed of by the person;
(6) the printed name and legible signature of the
person or agent disposing of the essential part; and
(7) if the person is a dealer the printed name and
legible signature of the dealer or his agent or employee
accepting delivery of the essential part.
(c) Except for scrap processors, and except as set forth
in subsection (d) of this Section, whenever a person licensed
or required to be licensed by Section 5-101, 5-101.1, 5-102,
or 5-301 accepts delivery of an essential part, other than
quarter panels and transmissions of vehicles of the first
division, that person shall, at the time of the acceptance or
delivery, comply with the following procedures:

(1) Before acquiring or accepting delivery of any
essential part, the licensee or his authorized agent or
employee shall inspect the part to determine whether the
vehicle identification number, Secretary of State
identification number, Illinois State Police
identification number, or identification plate or sticker
attached to or stamped on any part being acquired or
delivered has been removed, falsified, altered, defaced,
destroyed, or tampered with. If the licensee or his agent
or employee determines that the vehicle identification
number, Secretary of State identification number, Illinois
State Police identification number, identification plate
or identification sticker containing an identification
number, or Federal Certificate label of an essential part
has been removed, falsified, altered, defaced, destroyed,
or tampered with, the licensee or agent shall not accept
or receive that part.
If that part was physically acquired by or delivered
to a licensee or his agent or employee while that
licensee, agent, or employee was outside this State, that
licensee or agent or employee shall not bring that
essential part into this State or cause it to be brought
into this State.
(2) If the person disposing of or delivering the
essential part to the licensee is a licensed in-state or
out-of-state dealer, the licensee or his agent or

employee, after inspecting the essential part as required
by paragraph (1) of this subsection (c), shall examine the
Uniform Invoice, or bill of sale, as the case may be, to
ensure that it contains all the information required to be
provided by persons disposing of essential parts as set
forth in subsection (b) of this Section. If the Uniform
Invoice or bill of sale does not contain all the
information required to be listed by subsection (b) of
this Section, the dealer disposing of or delivering such
part or his agent or employee shall record such additional
information or other needed modifications on the Uniform
Invoice or bill of sale or, if needed, an attachment
thereto. The dealer or his agent or employee delivering
the essential part shall initial all additions or
modifications to the Uniform Invoice or bill of sale and
legibly print his name at the bottom of each document
containing his initials. If the transaction involves a
bill of sale rather than a Uniform Invoice, the licensee
or his agent or employee accepting delivery of or
acquiring the essential part shall affix his printed name
and legible signature on the space on the bill of sale
provided for his signature or, if no space is provided, on
the back of the bill of sale. If the dealer or his agent or
employee disposing of or delivering the essential part
cannot or does not provide all the information required by
subsection (b) of this Section, the licensee or his agent

or employee shall not accept or receive any essential part
for which that required information is not provided. If
such essential part for which the information required is
not fully provided was physically acquired while the
licensee or his agent or employee was outside this State,
the licensee or his agent or employee shall not bring that
essential part into this State or cause it to be brought
into this State.
(3) If the person disposing of the essential part is
not a licensed dealer, the licensee or his agent or
employee shall, after inspecting the essential part as
required by paragraph (1) of subsection (c) of this
Section verify the identity of the person disposing of the
essential part by examining 2 sources of identification,
one of which shall be either a driver's license or state
identification card. The licensee or his agent or employee
shall then prepare a Uniform Invoice listing all the
information required to be provided by subsection (b) of
this Section. In the space on the Uniform Invoice provided
for the dealer license number of the person disposing of
the part, the licensee or his agent or employee shall list
the numbers taken from the documents of identification
provided by the person disposing of the part. The person
disposing of the part shall affix his printed name and
legible signature on the space on the Uniform Invoice
provided for the person disposing of the essential part

and the licensee or his agent or employee acquiring the
part shall affix his printed name and legible signature on
the space provided on the Uniform Invoice for the person
acquiring the essential part. If the person disposing of
the essential part cannot or does not provide all the
information required to be provided by this paragraph, or
does not present 2 satisfactory forms of identification,
the licensee or his agent or employee shall not acquire
that essential part.
(d) If an essential part other than quarter panels and
transmissions of vehicles of the first division was delivered
by a licensed commercial delivery service delivering such part
on behalf of a licensed dealer, the person required to comply
with subsection (c) of this Section may conduct the inspection
of that part required by paragraph (1) of subsection (c) and
examination of the Uniform Invoice or bill of sale required by
paragraph (2) of subsection (c) of this Section immediately
after the acceptance of the part.
(1) If the inspection of the essential part pursuant
to paragraph (1) of subsection (c) reveals that the
vehicle identification number, Secretary of State
identification number, Illinois State Police
identification number, identification plate or sticker
containing an identification number, or Federal
Certificate label of an essential part has been removed,
falsified, altered, defaced, destroyed, or tampered with,

the licensee or his agent shall immediately record such
fact on the Uniform Invoice or bill of sale, assign the
part an inventory or stock number, place such inventory or
stock number on both the essential part and the Uniform
Invoice or bill of sale, and record the date of the
inspection of the part on the Uniform Invoice or bill of
sale. The licensee shall, within 7 days of such
inspection, return such part to the dealer from whom it
was acquired.
(2) If the examination of the Uniform Invoice or bill
of sale pursuant to paragraph (2) of subsection (c)
reveals that any of the information required to be listed
by subsection (b) of this Section is missing, the licensee
or person required to be licensed shall immediately assign
a stock or inventory number to such part, place such stock
or inventory number on both the essential part and the
Uniform Invoice or bill of sale, and record the date of
examination on the Uniform Invoice or bill of sale. The
licensee or person required to be licensed shall acquire
the information missing from the Uniform Invoice or bill
of sale within 7 days of the examination of such Uniform
Invoice or bill of sale. Such information may be received
by telephone conversation with the dealer from whom the
part was acquired. If the dealer provides the missing
information the licensee shall record such information on
the Uniform Invoice or bill of sale along with the name of

the person providing the information. If the dealer does
not provide the required information within the
aforementioned 7-day 7 day period, the licensee shall
return the part to that dealer.
(e) Except for scrap processors, all persons licensed or
required to be licensed who acquire or dispose of essential
parts other than quarter panels and transmissions of vehicles
of the first division shall retain a copy of the Uniform
Invoice required to be made by subsections (a), (b), and (c) of
this Section for a period of 3 years.
(f) Except for scrap processors, any person licensed or
required to be licensed under Section Sections 5-101, 5-102,
or 5-301 who knowingly fails to record on a Uniform Invoice any
of the information or entries required to be recorded by
subsections (a), (b), and (c) of this Section, or who
knowingly places false entries or other misleading information
on such Uniform Invoice, or who knowingly fails to retain for 3
years a copy of a Uniform Invoice reflecting transactions
required to be recorded by subsections (a), (b), and (c) of
this Section, or who knowingly acquires or disposes of
essential parts without receiving, issuing, or executing a
Uniform Invoice reflecting that transaction as required by
subsections (a), (b), and (c) of this Section, or who brings or
causes to be brought into this State essential parts for which
the information required to be recorded on a Uniform Invoice
is not recorded as prohibited by subsection (c) of this

Section, or who knowingly fails to comply with the provisions
of this Section in any other manner shall be guilty of a Class
2 felony. Each violation shall constitute a separate and
distinct offense and a separate count may be brought in the
same indictment or information for each essential part for
which a record was not kept as required by this Section or for
which the person failed to comply with other provisions of
this Section.
(g) The records required to be kept by this Section may be
examined by a person or persons making a lawful inspection of
the licensee's premises pursuant to Section 5-403.
(h) The records required to be kept by this Section shall
be retained by the licensee at his principal place of business
for a period of 3 years.
(i) The requirements of this Section shall not apply to
the disposition of an essential part other than a cowl which
has been damaged or altered to a state in which it can no
longer be returned to a usable condition and which is being
sold or transferred to a scrap processor or for delivery to a
scrap processor.
(Source: P.A. 101-505, eff. 1-1-20; 102-318, eff. 1-1-22;
102-538, eff. 8-20-21; revised 9-21-21.)
(625 ILCS 5/6-106.1) (from Ch. 95 1/2, par. 6-106.1)
Sec. 6-106.1. School bus driver permit.
(a) The Secretary of State shall issue a school bus driver

permit to those applicants who have met all the requirements
of the application and screening process under this Section to
insure the welfare and safety of children who are transported
on school buses throughout the State of Illinois. Applicants
shall obtain the proper application required by the Secretary
of State from their prospective or current employer and submit
the completed application to the prospective or current
employer along with the necessary fingerprint submission as
required by the Illinois State Police to conduct fingerprint
based criminal background checks on current and future
information available in the state system and current
information available through the Federal Bureau of
Investigation's system. Applicants who have completed the
fingerprinting requirements shall not be subjected to the
fingerprinting process when applying for subsequent permits or
submitting proof of successful completion of the annual
refresher course. Individuals who on July 1, 1995 (the
effective date of Public Act 88-612) possess a valid school
bus driver permit that has been previously issued by the
appropriate Regional School Superintendent are not subject to
the fingerprinting provisions of this Section as long as the
permit remains valid and does not lapse. The applicant shall
be required to pay all related application and fingerprinting
fees as established by rule including, but not limited to, the
amounts established by the Illinois State Police and the
Federal Bureau of Investigation to process fingerprint based

criminal background investigations. All fees paid for
fingerprint processing services under this Section shall be
deposited into the State Police Services Fund for the cost
incurred in processing the fingerprint based criminal
background investigations. All other fees paid under this
Section shall be deposited into the Road Fund for the purpose
of defraying the costs of the Secretary of State in
administering this Section. All applicants must:
1. be 21 years of age or older;
2. possess a valid and properly classified driver's
license issued by the Secretary of State;
3. possess a valid driver's license, which has not
been revoked, suspended, or canceled for 3 years
immediately prior to the date of application, or have not
had his or her commercial motor vehicle driving privileges
disqualified within the 3 years immediately prior to the
date of application;
4. successfully pass a written test, administered by
the Secretary of State, on school bus operation, school
bus safety, and special traffic laws relating to school
buses and submit to a review of the applicant's driving
habits by the Secretary of State at the time the written
test is given;
5. demonstrate ability to exercise reasonable care in
the operation of school buses in accordance with rules
promulgated by the Secretary of State;

6. demonstrate physical fitness to operate school
buses by submitting the results of a medical examination,
including tests for drug use for each applicant not
subject to such testing pursuant to federal law, conducted
by a licensed physician, a licensed advanced practice
registered nurse, or a licensed physician assistant within
90 days of the date of application according to standards
promulgated by the Secretary of State;
7. affirm under penalties of perjury that he or she
has not made a false statement or knowingly concealed a
material fact in any application for permit;
8. have completed an initial classroom course,
including first aid procedures, in school bus driver
safety as promulgated by the Secretary of State; and after
satisfactory completion of said initial course an annual
refresher course; such courses and the agency or
organization conducting such courses shall be approved by
the Secretary of State; failure to complete the annual
refresher course, shall result in cancellation of the
permit until such course is completed;
9. not have been under an order of court supervision
for or convicted of 2 or more serious traffic offenses, as
defined by rule, within one year prior to the date of
application that may endanger the life or safety of any of
the driver's passengers within the duration of the permit
period;

10. not have been under an order of court supervision
for or convicted of reckless driving, aggravated reckless
driving, driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds or
any combination thereof, or reckless homicide resulting
from the operation of a motor vehicle within 3 years of the
date of application;
11. not have been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1,
8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,
11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1,
12-3.3, 12-4, 12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4,
12-4.5, 12-4.6, 12-4.7, 12-4.9, 12-5.3, 12-6, 12-6.2,
12-7.1, 12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14,
12-14.1, 12-15, 12-16, 12-21.5, 12-21.6, 12-33, 12C-5,
12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,

33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
of Section 24-3, and those offenses contained in Article
29D of the Criminal Code of 1961 or the Criminal Code of
2012; (ii) those offenses defined in the Cannabis Control
Act except those offenses defined in subsections (a) and
(b) of Section 4, and subsection (a) of Section 5 of the
Cannabis Control Act; (iii) those offenses defined in the
Illinois Controlled Substances Act; (iv) those offenses
defined in the Methamphetamine Control and Community
Protection Act; and (v) any offense committed or attempted
in any other state or against the laws of the United
States, which if committed or attempted in this State
would be punishable as one or more of the foregoing
offenses; (vi) the offenses defined in Section 4.1 and 5.1
of the Wrongs to Children Act or Section 11-9.1A of the
Criminal Code of 1961 or the Criminal Code of 2012; (vii)
those offenses defined in Section 6-16 of the Liquor
Control Act of 1934; and (viii) those offenses defined in
the Methamphetamine Precursor Control Act;
12. not have been repeatedly involved as a driver in
motor vehicle collisions or been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree which indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the

highway;
13. not have, through the unlawful operation of a
motor vehicle, caused an accident resulting in the death
of any person;
14. not have, within the last 5 years, been adjudged
to be afflicted with or suffering from any mental
disability or disease;
15. consent, in writing, to the release of results of
reasonable suspicion drug and alcohol testing under
Section 6-106.1c of this Code by the employer of the
applicant to the Secretary of State; and
16. not have been convicted of committing or
attempting to commit within the last 20 years: (i) an
offense defined in subsection (c) of Section 4, subsection
(b) of Section 5, and subsection (a) of Section 8 of the
Cannabis Control Act; or (ii) any offenses in any other
state or against the laws of the United States that, if
committed or attempted in this State, would be punishable
as one or more of the foregoing offenses.
(b) A school bus driver permit shall be valid for a period
specified by the Secretary of State as set forth by rule. It
shall be renewable upon compliance with subsection (a) of this
Section.
(c) A school bus driver permit shall contain the holder's
driver's license number, legal name, residence address, zip
code, and date of birth, a brief description of the holder and

a space for signature. The Secretary of State may require a
suitable photograph of the holder.
(d) The employer shall be responsible for conducting a
pre-employment interview with prospective school bus driver
candidates, distributing school bus driver applications and
medical forms to be completed by the applicant, and submitting
the applicant's fingerprint cards to the Illinois State Police
that are required for the criminal background investigations.
The employer shall certify in writing to the Secretary of
State that all pre-employment conditions have been
successfully completed including the successful completion of
an Illinois specific criminal background investigation through
the Illinois State Police and the submission of necessary
fingerprints to the Federal Bureau of Investigation for
criminal history information available through the Federal
Bureau of Investigation system. The applicant shall present
the certification to the Secretary of State at the time of
submitting the school bus driver permit application.
(e) Permits shall initially be provisional upon receiving
certification from the employer that all pre-employment
conditions have been successfully completed, and upon
successful completion of all training and examination
requirements for the classification of the vehicle to be
operated, the Secretary of State shall provisionally issue a
School Bus Driver Permit. The permit shall remain in a
provisional status pending the completion of the Federal

Bureau of Investigation's criminal background investigation
based upon fingerprinting specimens submitted to the Federal
Bureau of Investigation by the Illinois State Police. The
Federal Bureau of Investigation shall report the findings
directly to the Secretary of State. The Secretary of State
shall remove the bus driver permit from provisional status
upon the applicant's successful completion of the Federal
Bureau of Investigation's criminal background investigation.
(f) A school bus driver permit holder shall notify the
employer and the Secretary of State if he or she is issued an
order of court supervision for or convicted in another state
of an offense that would make him or her ineligible for a
permit under subsection (a) of this Section. The written
notification shall be made within 5 days of the entry of the
order of court supervision or conviction. Failure of the
permit holder to provide the notification is punishable as a
petty offense for a first violation and a Class B misdemeanor
for a second or subsequent violation.
(g) Cancellation; suspension; notice and procedure.
(1) The Secretary of State shall cancel a school bus
driver permit of an applicant whose criminal background
investigation discloses that he or she is not in
compliance with the provisions of subsection (a) of this
Section.
(2) The Secretary of State shall cancel a school bus
driver permit when he or she receives notice that the

permit holder fails to comply with any provision of this
Section or any rule promulgated for the administration of
this Section.
(3) The Secretary of State shall cancel a school bus
driver permit if the permit holder's restricted commercial
or commercial driving privileges are withdrawn or
otherwise invalidated.
(4) The Secretary of State may not issue a school bus
driver permit for a period of 3 years to an applicant who
fails to obtain a negative result on a drug test as
required in item 6 of subsection (a) of this Section or
under federal law.
(5) The Secretary of State shall forthwith suspend a
school bus driver permit for a period of 3 years upon
receiving notice that the holder has failed to obtain a
negative result on a drug test as required in item 6 of
subsection (a) of this Section or under federal law.
(6) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder failed to perform
the inspection procedure set forth in subsection (a) or
(b) of Section 12-816 of this Code.
(7) The Secretary of State shall suspend a school bus
driver permit for a period of 3 years upon receiving
notice from the employer that the holder refused to submit
to an alcohol or drug test as required by Section 6-106.1c

or has submitted to a test required by that Section which
disclosed an alcohol concentration of more than 0.00 or
disclosed a positive result on a National Institute on
Drug Abuse five-drug panel, utilizing federal standards
set forth in 49 CFR 40.87.
The Secretary of State shall notify the State
Superintendent of Education and the permit holder's
prospective or current employer that the applicant has (1) has
failed a criminal background investigation or (2) is no longer
eligible for a school bus driver permit; and of the related
cancellation of the applicant's provisional school bus driver
permit. The cancellation shall remain in effect pending the
outcome of a hearing pursuant to Section 2-118 of this Code.
The scope of the hearing shall be limited to the issuance
criteria contained in subsection (a) of this Section. A
petition requesting a hearing shall be submitted to the
Secretary of State and shall contain the reason the individual
feels he or she is entitled to a school bus driver permit. The
permit holder's employer shall notify in writing to the
Secretary of State that the employer has certified the removal
of the offending school bus driver from service prior to the
start of that school bus driver's next workshift. An employing
school board that fails to remove the offending school bus
driver from service is subject to the penalties defined in
Section 3-14.23 of the School Code. A school bus contractor
who violates a provision of this Section is subject to the

penalties defined in Section 6-106.11.
All valid school bus driver permits issued under this
Section prior to January 1, 1995, shall remain effective until
their expiration date unless otherwise invalidated.
(h) When a school bus driver permit holder who is a service
member is called to active duty, the employer of the permit
holder shall notify the Secretary of State, within 30 days of
notification from the permit holder, that the permit holder
has been called to active duty. Upon notification pursuant to
this subsection, (i) the Secretary of State shall characterize
the permit as inactive until a permit holder renews the permit
as provided in subsection (i) of this Section, and (ii) if a
permit holder fails to comply with the requirements of this
Section while called to active duty, the Secretary of State
shall not characterize the permit as invalid.
(i) A school bus driver permit holder who is a service
member returning from active duty must, within 90 days, renew
a permit characterized as inactive pursuant to subsection (h)
of this Section by complying with the renewal requirements of
subsection (b) of this Section.
(j) For purposes of subsections (h) and (i) of this
Section:
"Active duty" means active duty pursuant to an executive
order of the President of the United States, an act of the
Congress of the United States, or an order of the Governor.
"Service member" means a member of the Armed Services or

reserve forces of the United States or a member of the Illinois
National Guard.
(k) A private carrier employer of a school bus driver
permit holder, having satisfied the employer requirements of
this Section, shall be held to a standard of ordinary care for
intentional acts committed in the course of employment by the
bus driver permit holder. This subsection (k) shall in no way
limit the liability of the private carrier employer for
violation of any provision of this Section or for the
negligent hiring or retention of a school bus driver permit
holder.
(Source: P.A. 101-458, eff. 1-1-20; 102-168, eff. 7-27-21;
102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
10-13-21.)
(625 ILCS 5/6-107.5)
Sec. 6-107.5. Adult Driver Education Course.
(a) The Secretary shall establish by rule the curriculum
and designate the materials to be used in an adult driver
education course. The course shall be at least 6 hours in
length and shall include instruction on traffic laws; highway
signs, signals, and markings that regulate, warn, or direct
traffic; issues commonly associated with motor vehicle
accidents including poor decision-making, risk taking,
impaired driving, distraction, speed, failure to use a safety
belt, driving at night, failure to yield the right-of-way,

texting while driving, using wireless communication devices,
and alcohol and drug awareness; and instruction on law
enforcement procedures during traffic stops, including actions
that a motorist should take during a traffic stop and
appropriate interactions with law enforcement officers. The
curriculum shall not require the operation of a motor vehicle.
(b) The Secretary shall certify course providers. The
requirements to be a certified course provider, the process
for applying for certification, and the procedure for
decertifying a course provider shall be established by rule.
(b-5) In order to qualify for certification as an adult
driver education course provider, each applicant must
authorize an investigation that includes a fingerprint-based
background check to determine if the applicant has ever been
convicted of a criminal offense and, if so, the disposition of
any conviction. This authorization shall indicate the scope of
the inquiry and the agencies that may be contacted. Upon
receiving this authorization, the Secretary of State may
request and receive information and assistance from any
federal, State, or local governmental agency as part of the
authorized investigation. Each applicant shall submit his or
her fingerprints to the Illinois State Police in the form and
manner prescribed by the Illinois State Police. These
fingerprints shall be checked against fingerprint records now
and hereafter filed in the Illinois State Police and Federal
Bureau of Investigation criminal history record databases. The

Illinois State Police shall charge applicants a fee for
conducting the criminal history record check, which shall be
deposited into the State Police Services Fund and shall not
exceed the actual cost of the State and national criminal
history record check. The Illinois State Police shall furnish,
pursuant to positive identification, records of Illinois
criminal convictions to the Secretary and shall forward the
national criminal history record information to the Secretary.
Applicants shall pay any other fingerprint-related fees.
Unless otherwise prohibited by law, the information derived
from the investigation, including the source of the
information and any conclusions or recommendations derived
from the information by the Secretary of State, shall be
provided to the applicant upon request to the Secretary of
State prior to any final action by the Secretary of State on
the application. Any criminal conviction information obtained
by the Secretary of State shall be confidential and may not be
transmitted outside the Office of the Secretary of State,
except as required by this subsection (b-5), and may not be
transmitted to anyone within the Office of the Secretary of
State except as needed for the purpose of evaluating the
applicant. At any administrative hearing held under Section
2-118 of this Code relating to the denial, cancellation,
suspension, or revocation of certification of an adult driver
education course provider, the Secretary of State may utilize
at that hearing any criminal history, criminal conviction, and

disposition information obtained under this subsection (b-5).
The information obtained from the investigation may be
maintained by the Secretary of State or any agency to which the
information was transmitted. Only information and standards
which bear a reasonable and rational relation to the
performance of providing adult driver education shall be used
by the Secretary of State. Any employee of the Secretary of
State who gives or causes to be given away any confidential
information concerning any criminal convictions or disposition
of criminal convictions of an applicant shall be guilty of a
Class A misdemeanor unless release of the information is
authorized by this Section.
(c) The Secretary may permit a course provider to offer
the course online, if the Secretary is satisfied the course
provider has established adequate procedures for verifying:
(1) the identity of the person taking the course
online; and
(2) the person completes the entire course.
(d) The Secretary shall establish a method of electronic
verification of a student's successful completion of the
course.
(e) The fee charged by the course provider must bear a
reasonable relationship to the cost of the course. The
Secretary shall post on the Secretary of State's website a
list of approved course providers, the fees charged by the
providers, and contact information for each provider.

(f) In addition to any other fee charged by the course
provider, the course provider shall collect a fee of $5 from
each student to offset the costs incurred by the Secretary in
administering this program. The $5 shall be submitted to the
Secretary within 14 days of the day on which it was collected.
All such fees received by the Secretary shall be deposited in
the Secretary of State Driver Services Administration Fund.
(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-12-21.)
(625 ILCS 5/6-206)
Sec. 6-206. Discretionary authority to suspend or revoke
license or permit; right to a hearing.
(a) The Secretary of State is authorized to suspend or
revoke the driving privileges of any person without
preliminary hearing upon a showing of the person's records or
other sufficient evidence that the person:
1. Has committed an offense for which mandatory
revocation of a driver's license or permit is required
upon conviction;
2. Has been convicted of not less than 3 offenses
against traffic regulations governing the movement of
vehicles committed within any 12-month period. No
revocation or suspension shall be entered more than 6
months after the date of last conviction;
3. Has been repeatedly involved as a driver in motor

vehicle collisions or has been repeatedly convicted of
offenses against laws and ordinances regulating the
movement of traffic, to a degree that indicates lack of
ability to exercise ordinary and reasonable care in the
safe operation of a motor vehicle or disrespect for the
traffic laws and the safety of other persons upon the
highway;
4. Has by the unlawful operation of a motor vehicle
caused or contributed to an accident resulting in injury
requiring immediate professional treatment in a medical
facility or doctor's office to any person, except that any
suspension or revocation imposed by the Secretary of State
under the provisions of this subsection shall start no
later than 6 months after being convicted of violating a
law or ordinance regulating the movement of traffic, which
violation is related to the accident, or shall start not
more than one year after the date of the accident,
whichever date occurs later;
5. Has permitted an unlawful or fraudulent use of a
driver's license, identification card, or permit;
6. Has been lawfully convicted of an offense or
offenses in another state, including the authorization
contained in Section 6-203.1, which if committed within
this State would be grounds for suspension or revocation;
7. Has refused or failed to submit to an examination
provided for by Section 6-207 or has failed to pass the

examination;
8. Is ineligible for a driver's license or permit
under the provisions of Section 6-103;
9. Has made a false statement or knowingly concealed a
material fact or has used false information or
identification in any application for a license,
identification card, or permit;
10. Has possessed, displayed, or attempted to
fraudulently use any license, identification card, or
permit not issued to the person;
11. Has operated a motor vehicle upon a highway of
this State when the person's driving privilege or
privilege to obtain a driver's license or permit was
revoked or suspended unless the operation was authorized
by a monitoring device driving permit, judicial driving
permit issued prior to January 1, 2009, probationary
license to drive, or restricted driving permit issued
under this Code;
12. Has submitted to any portion of the application
process for another person or has obtained the services of
another person to submit to any portion of the application
process for the purpose of obtaining a license,
identification card, or permit for some other person;
13. Has operated a motor vehicle upon a highway of
this State when the person's driver's license or permit
was invalid under the provisions of Sections 6-107.1 and

6-110;
14. Has committed a violation of Section 6-301,
6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
14B of the Illinois Identification Card Act;
15. Has been convicted of violating Section 21-2 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to criminal trespass to vehicles if the person
exercised actual physical control over the vehicle during
the commission of the offense, in which case the
suspension shall be for one year;
16. Has been convicted of violating Section 11-204 of
this Code relating to fleeing from a peace officer;
17. Has refused to submit to a test, or tests, as
required under Section 11-501.1 of this Code and the
person has not sought a hearing as provided for in Section
11-501.1;
18. (Blank);
19. Has committed a violation of paragraph (a) or (b)
of Section 6-101 relating to driving without a driver's
license;
20. Has been convicted of violating Section 6-104
relating to classification of driver's license;
21. Has been convicted of violating Section 11-402 of
this Code relating to leaving the scene of an accident
resulting in damage to a vehicle in excess of $1,000, in
which case the suspension shall be for one year;

22. Has used a motor vehicle in violating paragraph
(3), (4), (7), or (9) of subsection (a) of Section 24-1 of
the Criminal Code of 1961 or the Criminal Code of 2012
relating to unlawful use of weapons, in which case the
suspension shall be for one year;
23. Has, as a driver, been convicted of committing a
violation of paragraph (a) of Section 11-502 of this Code
for a second or subsequent time within one year of a
similar violation;
24. Has been convicted by a court-martial or punished
by non-judicial punishment by military authorities of the
United States at a military installation in Illinois or in
another state of or for a traffic-related offense that is
the same as or similar to an offense specified under
Section 6-205 or 6-206 of this Code;
25. Has permitted any form of identification to be
used by another in the application process in order to
obtain or attempt to obtain a license, identification
card, or permit;
26. Has altered or attempted to alter a license or has
possessed an altered license, identification card, or
permit;
27. (Blank);
28. Has been convicted for a first time of the illegal
possession, while operating or in actual physical control,
as a driver, of a motor vehicle, of any controlled

substance prohibited under the Illinois Controlled
Substances Act, any cannabis prohibited under the Cannabis
Control Act, or any methamphetamine prohibited under the
Methamphetamine Control and Community Protection Act, in
which case the person's driving privileges shall be
suspended for one year. Any defendant found guilty of this
offense while operating a motor vehicle shall have an
entry made in the court record by the presiding judge that
this offense did occur while the defendant was operating a
motor vehicle and order the clerk of the court to report
the violation to the Secretary of State;
29. Has been convicted of the following offenses that
were committed while the person was operating or in actual
physical control, as a driver, of a motor vehicle:
criminal sexual assault, predatory criminal sexual assault
of a child, aggravated criminal sexual assault, criminal
sexual abuse, aggravated criminal sexual abuse, juvenile
pimping, soliciting for a juvenile prostitute, promoting
juvenile prostitution as described in subdivision (a)(1),
(a)(2), or (a)(3) of Section 11-14.4 of the Criminal Code
of 1961 or the Criminal Code of 2012, and the manufacture,
sale or delivery of controlled substances or instruments
used for illegal drug use or abuse in which case the
driver's driving privileges shall be suspended for one
year;
30. Has been convicted a second or subsequent time for

any combination of the offenses named in paragraph 29 of
this subsection, in which case the person's driving
privileges shall be suspended for 5 years;
31. Has refused to submit to a test as required by
Section 11-501.6 of this Code or Section 5-16c of the Boat
Registration and Safety Act or has submitted to a test
resulting in an alcohol concentration of 0.08 or more or
any amount of a drug, substance, or compound resulting
from the unlawful use or consumption of cannabis as listed
in the Cannabis Control Act, a controlled substance as
listed in the Illinois Controlled Substances Act, an
intoxicating compound as listed in the Use of Intoxicating
Compounds Act, or methamphetamine as listed in the
Methamphetamine Control and Community Protection Act, in
which case the penalty shall be as prescribed in Section
6-208.1;
32. Has been convicted of Section 24-1.2 of the
Criminal Code of 1961 or the Criminal Code of 2012
relating to the aggravated discharge of a firearm if the
offender was located in a motor vehicle at the time the
firearm was discharged, in which case the suspension shall
be for 3 years;
33. Has as a driver, who was less than 21 years of age
on the date of the offense, been convicted a first time of
a violation of paragraph (a) of Section 11-502 of this
Code or a similar provision of a local ordinance;

34. Has committed a violation of Section 11-1301.5 of
this Code or a similar provision of a local ordinance;
35. Has committed a violation of Section 11-1301.6 of
this Code or a similar provision of a local ordinance;
36. Is under the age of 21 years at the time of arrest
and has been convicted of not less than 2 offenses against
traffic regulations governing the movement of vehicles
committed within any 24-month period. No revocation or
suspension shall be entered more than 6 months after the
date of last conviction;
37. Has committed a violation of subsection (c) of
Section 11-907 of this Code that resulted in damage to the
property of another or the death or injury of another;
38. Has been convicted of a violation of Section 6-20
of the Liquor Control Act of 1934 or a similar provision of
a local ordinance and the person was an occupant of a motor
vehicle at the time of the violation;
39. Has committed a second or subsequent violation of
Section 11-1201 of this Code;
40. Has committed a violation of subsection (a-1) of
Section 11-908 of this Code;
41. Has committed a second or subsequent violation of
Section 11-605.1 of this Code, a similar provision of a
local ordinance, or a similar violation in any other state
within 2 years of the date of the previous violation, in
which case the suspension shall be for 90 days;

42. Has committed a violation of subsection (a-1) of
Section 11-1301.3 of this Code or a similar provision of a
local ordinance;
43. Has received a disposition of court supervision
for a violation of subsection (a), (d), or (e) of Section
6-20 of the Liquor Control Act of 1934 or a similar
provision of a local ordinance and the person was an
occupant of a motor vehicle at the time of the violation,
in which case the suspension shall be for a period of 3
months;
44. Is under the age of 21 years at the time of arrest
and has been convicted of an offense against traffic
regulations governing the movement of vehicles after
having previously had his or her driving privileges
suspended or revoked pursuant to subparagraph 36 of this
Section;
45. Has, in connection with or during the course of a
formal hearing conducted under Section 2-118 of this Code:
(i) committed perjury; (ii) submitted fraudulent or
falsified documents; (iii) submitted documents that have
been materially altered; or (iv) submitted, as his or her
own, documents that were in fact prepared or composed for
another person;
46. Has committed a violation of subsection (j) of
Section 3-413 of this Code;
47. Has committed a violation of subsection (a) of

Section 11-502.1 of this Code;
48. Has submitted a falsified or altered medical
examiner's certificate to the Secretary of State or
provided false information to obtain a medical examiner's
certificate;
49. Has been convicted of a violation of Section
11-1002 or 11-1002.5 that resulted in a Type A injury to
another, in which case the driving privileges of the
person shall be suspended for 12 months; or
50. Has committed a violation of subsection (b-5) of
Section 12-610.2 that resulted in great bodily harm,
permanent disability, or disfigurement, in which case the
driving privileges of the person shall be suspended for 12
months.; or 50
For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
and 27 of this subsection, license means any driver's license,
any traffic ticket issued when the person's driver's license
is deposited in lieu of bail, a suspension notice issued by the
Secretary of State, a duplicate or corrected driver's license,
a probationary driver's license, or a temporary driver's
license.
(b) If any conviction forming the basis of a suspension or
revocation authorized under this Section is appealed, the
Secretary of State may rescind or withhold the entry of the
order of suspension or revocation, as the case may be,
provided that a certified copy of a stay order of a court is

filed with the Secretary of State. If the conviction is
affirmed on appeal, the date of the conviction shall relate
back to the time the original judgment of conviction was
entered and the 6-month limitation prescribed shall not apply.
(c) 1. Upon suspending or revoking the driver's license or
permit of any person as authorized in this Section, the
Secretary of State shall immediately notify the person in
writing of the revocation or suspension. The notice to be
deposited in the United States mail, postage prepaid, to the
last known address of the person.
2. If the Secretary of State suspends the driver's license
of a person under subsection 2 of paragraph (a) of this
Section, a person's privilege to operate a vehicle as an
occupation shall not be suspended, provided an affidavit is
properly completed, the appropriate fee received, and a permit
issued prior to the effective date of the suspension, unless 5
offenses were committed, at least 2 of which occurred while
operating a commercial vehicle in connection with the driver's
regular occupation. All other driving privileges shall be
suspended by the Secretary of State. Any driver prior to
operating a vehicle for occupational purposes only must submit
the affidavit on forms to be provided by the Secretary of State
setting forth the facts of the person's occupation. The
affidavit shall also state the number of offenses committed
while operating a vehicle in connection with the driver's
regular occupation. The affidavit shall be accompanied by the

driver's license. Upon receipt of a properly completed
affidavit, the Secretary of State shall issue the driver a
permit to operate a vehicle in connection with the driver's
regular occupation only. Unless the permit is issued by the
Secretary of State prior to the date of suspension, the
privilege to drive any motor vehicle shall be suspended as set
forth in the notice that was mailed under this Section. If an
affidavit is received subsequent to the effective date of this
suspension, a permit may be issued for the remainder of the
suspension period.
The provisions of this subparagraph shall not apply to any
driver required to possess a CDL for the purpose of operating a
commercial motor vehicle.
Any person who falsely states any fact in the affidavit
required herein shall be guilty of perjury under Section 6-302
and upon conviction thereof shall have all driving privileges
revoked without further rights.
3. At the conclusion of a hearing under Section 2-118 of
this Code, the Secretary of State shall either rescind or
continue an order of revocation or shall substitute an order
of suspension; or, good cause appearing therefor, rescind,
continue, change, or extend the order of suspension. If the
Secretary of State does not rescind the order, the Secretary
may upon application, to relieve undue hardship (as defined by
the rules of the Secretary of State), issue a restricted
driving permit granting the privilege of driving a motor

vehicle between the petitioner's residence and petitioner's
place of employment or within the scope of the petitioner's
employment-related duties, or to allow the petitioner to
transport himself or herself, or a family member of the
petitioner's household to a medical facility, to receive
necessary medical care, to allow the petitioner to transport
himself or herself to and from alcohol or drug remedial or
rehabilitative activity recommended by a licensed service
provider, or to allow the petitioner to transport himself or
herself or a family member of the petitioner's household to
classes, as a student, at an accredited educational
institution, or to allow the petitioner to transport children,
elderly persons, or persons with disabilities who do not hold
driving privileges and are living in the petitioner's
household to and from daycare. The petitioner must demonstrate
that no alternative means of transportation is reasonably
available and that the petitioner will not endanger the public
safety or welfare.
(A) If a person's license or permit is revoked or
suspended due to 2 or more convictions of violating
Section 11-501 of this Code or a similar provision of a
local ordinance or a similar out-of-state offense, or
Section 9-3 of the Criminal Code of 1961 or the Criminal
Code of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense, or a combination of these offenses,

arising out of separate occurrences, that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B) If a person's license or permit is revoked or
suspended 2 or more times due to any combination of:
(i) a single conviction of violating Section
11-501 of this Code or a similar provision of a local
ordinance or a similar out-of-state offense or Section
9-3 of the Criminal Code of 1961 or the Criminal Code
of 2012, where the use of alcohol or other drugs is
recited as an element of the offense, or a similar
out-of-state offense; or
(ii) a statutory summary suspension or revocation
under Section 11-501.1; or
(iii) a suspension under Section 6-203.1;
arising out of separate occurrences; that person, if
issued a restricted driving permit, may not operate a
vehicle unless it has been equipped with an ignition
interlock device as defined in Section 1-129.1.
(B-5) If a person's license or permit is revoked or
suspended due to a conviction for a violation of
subparagraph (C) or (F) of paragraph (1) of subsection (d)
of Section 11-501 of this Code, or a similar provision of a
local ordinance or similar out-of-state offense, that
person, if issued a restricted driving permit, may not

operate a vehicle unless it has been equipped with an
ignition interlock device as defined in Section 1-129.1.
(C) The person issued a permit conditioned upon the
use of an ignition interlock device must pay to the
Secretary of State DUI Administration Fund an amount not
to exceed $30 per month. The Secretary shall establish by
rule the amount and the procedures, terms, and conditions
relating to these fees.
(D) If the restricted driving permit is issued for
employment purposes, then the prohibition against
operating a motor vehicle that is not equipped with an
ignition interlock device does not apply to the operation
of an occupational vehicle owned or leased by that
person's employer when used solely for employment
purposes. For any person who, within a 5-year period, is
convicted of a second or subsequent offense under Section
11-501 of this Code, or a similar provision of a local
ordinance or similar out-of-state offense, this employment
exemption does not apply until either a one-year period
has elapsed during which that person had his or her
driving privileges revoked or a one-year period has
elapsed during which that person had a restricted driving
permit which required the use of an ignition interlock
device on every motor vehicle owned or operated by that
person.
(E) In each case the Secretary may issue a restricted

driving permit for a period deemed appropriate, except
that all permits shall expire no later than 2 years from
the date of issuance. A restricted driving permit issued
under this Section shall be subject to cancellation,
revocation, and suspension by the Secretary of State in
like manner and for like cause as a driver's license
issued under this Code may be cancelled, revoked, or
suspended; except that a conviction upon one or more
offenses against laws or ordinances regulating the
movement of traffic shall be deemed sufficient cause for
the revocation, suspension, or cancellation of a
restricted driving permit. The Secretary of State may, as
a condition to the issuance of a restricted driving
permit, require the applicant to participate in a
designated driver remedial or rehabilitative program. The
Secretary of State is authorized to cancel a restricted
driving permit if the permit holder does not successfully
complete the program.
(F) A person subject to the provisions of paragraph 4
of subsection (b) of Section 6-208 of this Code may make
application for a restricted driving permit at a hearing
conducted under Section 2-118 of this Code after the
expiration of 5 years from the effective date of the most
recent revocation or after 5 years from the date of
release from a period of imprisonment resulting from a
conviction of the most recent offense, whichever is later,

provided the person, in addition to all other requirements
of the Secretary, shows by clear and convincing evidence:
(i) a minimum of 3 years of uninterrupted
abstinence from alcohol and the unlawful use or
consumption of cannabis under the Cannabis Control
Act, a controlled substance under the Illinois
Controlled Substances Act, an intoxicating compound
under the Use of Intoxicating Compounds Act, or
methamphetamine under the Methamphetamine Control and
Community Protection Act; and
(ii) the successful completion of any
rehabilitative treatment and involvement in any
ongoing rehabilitative activity that may be
recommended by a properly licensed service provider
according to an assessment of the person's alcohol or
drug use under Section 11-501.01 of this Code.
In determining whether an applicant is eligible for a
restricted driving permit under this subparagraph (F), the
Secretary may consider any relevant evidence, including,
but not limited to, testimony, affidavits, records, and
the results of regular alcohol or drug tests. Persons
subject to the provisions of paragraph 4 of subsection (b)
of Section 6-208 of this Code and who have been convicted
of more than one violation of paragraph (3), paragraph
(4), or paragraph (5) of subsection (a) of Section 11-501
of this Code shall not be eligible to apply for a

restricted driving permit under this subparagraph (F).
A restricted driving permit issued under this
subparagraph (F) shall provide that the holder may only
operate motor vehicles equipped with an ignition interlock
device as required under paragraph (2) of subsection (c)
of Section 6-205 of this Code and subparagraph (A) of
paragraph 3 of subsection (c) of this Section. The
Secretary may revoke a restricted driving permit or amend
the conditions of a restricted driving permit issued under
this subparagraph (F) if the holder operates a vehicle
that is not equipped with an ignition interlock device, or
for any other reason authorized under this Code.
A restricted driving permit issued under this
subparagraph (F) shall be revoked, and the holder barred
from applying for or being issued a restricted driving
permit in the future, if the holder is convicted of a
violation of Section 11-501 of this Code, a similar
provision of a local ordinance, or a similar offense in
another state.
(c-3) In the case of a suspension under paragraph 43 of
subsection (a), reports received by the Secretary of State
under this Section shall, except during the actual time the
suspension is in effect, be privileged information and for use
only by the courts, police officers, prosecuting authorities,
the driver licensing administrator of any other state, the
Secretary of State, or the parent or legal guardian of a driver

under the age of 18. However, beginning January 1, 2008, if the
person is a CDL holder, the suspension shall also be made
available to the driver licensing administrator of any other
state, the U.S. Department of Transportation, and the affected
driver or motor carrier or prospective motor carrier upon
request.
(c-4) In the case of a suspension under paragraph 43 of
subsection (a), the Secretary of State shall notify the person
by mail that his or her driving privileges and driver's
license will be suspended one month after the date of the
mailing of the notice.
(c-5) The Secretary of State may, as a condition of the
reissuance of a driver's license or permit to an applicant
whose driver's license or permit has been suspended before he
or she reached the age of 21 years pursuant to any of the
provisions of this Section, require the applicant to
participate in a driver remedial education course and be
retested under Section 6-109 of this Code.
(d) This Section is subject to the provisions of the
Driver License Compact.
(e) The Secretary of State shall not issue a restricted
driving permit to a person under the age of 16 years whose
driving privileges have been suspended or revoked under any
provisions of this Code.
(f) In accordance with 49 C.F.R. 384, the Secretary of
State may not issue a restricted driving permit for the

operation of a commercial motor vehicle to a person holding a
CDL whose driving privileges have been suspended, revoked,
cancelled, or disqualified under any provisions of this Code.
(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
8-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
(625 ILCS 5/6-508) (from Ch. 95 1/2, par. 6-508)
Sec. 6-508. Commercial Driver's License (CDL);
qualification (CDL) - qualification standards.
(a) Testing.
(1) General. No person shall be issued an original or
renewal CDL unless that person is domiciled in this State
or is applying for a non-domiciled CDL under Sections
6-509 and 6-510 of this Code. The Secretary shall cause to
be administered such tests as the Secretary deems
necessary to meet the requirements of 49 CFR C.F.R. Part
383, subparts F, G, H, and J.
(1.5) Effective July 1, 2014, no person shall be
issued an original CDL or an upgraded CDL that requires a
skills test unless that person has held a CLP, for a
minimum of 14 calendar days, for the classification of
vehicle and endorsement, if any, for which the person is
seeking a CDL.
(2) Third party testing. The Secretary of State may
authorize a "third party tester", pursuant to 49 CFR

C.F.R. 383.75 and 49 CFR C.F.R. 384.228 and 384.229, to
administer the skills test or tests specified by the
Federal Motor Carrier Safety Administration pursuant to
the Commercial Motor Vehicle Safety Act of 1986 and any
appropriate federal rule.
(3)(i) Effective February 7, 2020, unless the person
is exempted by 49 CFR 380.603, no person shall be issued an
original (first time issuance) CDL, an upgraded CDL or a
school bus (S), passenger (P), or hazardous Materials (H)
endorsement unless the person has successfully completed
entry-level driver training (ELDT) taught by a training
provider listed on the federal Training Provider Registry.
(ii) Persons who obtain a CLP before February 7, 2020
are not required to complete ELDT if the person obtains a
CDL before the CLP or renewed CLP expires.
(iii) Except for persons seeking the H endorsement,
persons must complete the theory and behind-the-wheel
(range and public road) portions of ELDT within one year
of completing the first portion.
(iv) The Secretary shall adopt rules to implement this
subsection.
(b) Waiver of Skills Test. The Secretary of State may
waive the skills test specified in this Section for a driver
applicant for a commercial driver license who meets the
requirements of 49 CFR C.F.R. 383.77. The Secretary of State
shall waive the skills tests specified in this Section for a

driver applicant who has military commercial motor vehicle
experience, subject to the requirements of 49 CFR C.F.R.
383.77.
(b-1) No person shall be issued a CDL unless the person
certifies to the Secretary one of the following types of
driving operations in which he or she will be engaged:
(1) non-excepted interstate;
(2) non-excepted intrastate;
(3) excepted interstate; or
(4) excepted intrastate.
(b-2) (Blank).
(c) Limitations on issuance of a CDL. A CDL shall not be
issued to a person while the person is subject to a
disqualification from driving a commercial motor vehicle, or
unless otherwise permitted by this Code, while the person's
driver's license is suspended, revoked, or cancelled in any
state, or any territory or province of Canada; nor may a CLP or
CDL be issued to a person who has a CLP or CDL issued by any
other state, or foreign jurisdiction, nor may a CDL be issued
to a person who has an Illinois CLP unless the person first
surrenders all of these licenses or permits. However, a person
may hold an Illinois CLP and an Illinois CDL providing the CLP
is necessary to train or practice for an endorsement or
vehicle classification not present on the current CDL. No CDL
shall be issued to or renewed for a person who does not meet
the requirement of 49 CFR 391.41(b)(11). The requirement may

be met with the aid of a hearing aid.
(c-1) The Secretary may issue a CDL with a school bus
driver endorsement to allow a person to drive the type of bus
described in subsection (d-5) of Section 6-104 of this Code.
The CDL with a school bus driver endorsement may be issued only
to a person meeting the following requirements:
(1) the person has submitted his or her fingerprints
to the Illinois State Police in the form and manner
prescribed by the Illinois State Police. These
fingerprints shall be checked against the fingerprint
records now and hereafter filed in the Illinois State
Police and Federal Bureau of Investigation criminal
history records databases;
(2) the person has passed a written test, administered
by the Secretary of State, on charter bus operation,
charter bus safety, and certain special traffic laws
relating to school buses determined by the Secretary of
State to be relevant to charter buses, and submitted to a
review of the driver applicant's driving habits by the
Secretary of State at the time the written test is given;
(3) the person has demonstrated physical fitness to
operate school buses by submitting the results of a
medical examination, including tests for drug use; and
(4) the person has not been convicted of committing or
attempting to commit any one or more of the following
offenses: (i) those offenses defined in Sections 8-1.2,

9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
11-26, 11-30, 12-2.6, 12-3.1, 12-3.3, 12-4, 12-4.1,
12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7,
12-4.9, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-21.5,
12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30, 12C-45,
16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5, 19-6, 20-1,
20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1, 24-1.2,
24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8,
24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
subsection (b) of Section 8-1, and in subdivisions (a)(1),
(a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
of Section 12-3.05, and in subsection (a) and subsection
(b), clause (1), of Section 12-4, and in subsection (A),
clauses (a) and (b), of Section 24-3, and those offenses
contained in Article 29D of the Criminal Code of 1961 or
the Criminal Code of 2012; (ii) those offenses defined in
the Cannabis Control Act except those offenses defined in
subsections (a) and (b) of Section 4, and subsection (a)
of Section 5 of the Cannabis Control Act; (iii) those

offenses defined in the Illinois Controlled Substances
Act; (iv) those offenses defined in the Methamphetamine
Control and Community Protection Act; (v) any offense
committed or attempted in any other state or against the
laws of the United States, which if committed or attempted
in this State would be punishable as one or more of the
foregoing offenses; (vi) the offenses defined in Sections
4.1 and 5.1 of the Wrongs to Children Act or Section
11-9.1A of the Criminal Code of 1961 or the Criminal Code
of 2012; (vii) those offenses defined in Section 6-16 of
the Liquor Control Act of 1934; and (viii) those offenses
defined in the Methamphetamine Precursor Control Act.
The Illinois State Police shall charge a fee for
conducting the criminal history records check, which shall be
deposited into the State Police Services Fund and may not
exceed the actual cost of the records check.
(c-2) The Secretary shall issue a CDL with a school bus
endorsement to allow a person to drive a school bus as defined
in this Section. The CDL shall be issued according to the
requirements outlined in 49 CFR C.F.R. 383. A person may not
operate a school bus as defined in this Section without a
school bus endorsement. The Secretary of State may adopt rules
consistent with Federal guidelines to implement this
subsection (c-2).
(d) (Blank).
(Source: P.A. 101-185, eff. 1-1-20; 102-168, eff. 7-27-21;

102-299, eff. 8-6-21; 102-538, eff. 8-20-21; revised
10-12-21.)
(625 ILCS 5/11-212)
Sec. 11-212. Traffic and pedestrian stop statistical
study.
(a) Whenever a State or local law enforcement officer
issues a uniform traffic citation or warning citation for an
alleged violation of the Illinois Vehicle Code, he or she
shall record at least the following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person
stopped; the person's race shall be selected from the
following list: American Indian or Alaska Native, Asian,
Black or African American, Hispanic or Latino, Native
Hawaiian or Other Pacific Islander, or White;
(2) the alleged traffic violation that led to the stop
of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was

given or denied;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband
seized; and
(7) the name and badge number of the issuing officer.
(b) Whenever a State or local law enforcement officer
stops a motorist for an alleged violation of the Illinois
Vehicle Code and does not issue a uniform traffic citation or
warning citation for an alleged violation of the Illinois
Vehicle Code, he or she shall complete a uniform stop card,
which includes field contact cards, or any other existing form
currently used by law enforcement containing information
required pursuant to this Act, that records at least the
following:
(1) the name, address, gender, and the officer's
subjective determination of the race of the person

stopped; the person's race shall be selected from the
following list: American Indian or Alaska Native, Asian,
Black or African American, Hispanic or Latino, Native
Hawaiian or Other Pacific Islander, or White;
(2) the reason that led to the stop of the motorist;
(3) the make and year of the vehicle stopped;
(4) the date and time of the stop, beginning when the
vehicle was stopped and ending when the driver is free to
leave or taken into physical custody;
(5) the location of the traffic stop;
(5.5) whether or not a consent search contemporaneous
to the stop was requested of the vehicle, driver,
passenger, or passengers; and, if so, whether consent was
given or denied;
(6) whether or not a search contemporaneous to the
stop was conducted of the vehicle, driver, passenger, or
passengers; and, if so, whether it was with consent or by
other means;
(6.2) whether or not a police dog performed a sniff of
the vehicle; and, if so, whether or not the dog alerted to
the presence of contraband; and, if so, whether or not an
officer searched the vehicle; and, if so, whether or not
contraband was discovered; and, if so, the type and amount
of contraband;
(6.5) whether or not contraband was found during a
search; and, if so, the type and amount of contraband

seized; and
(7) the name and badge number of the issuing officer.
(b-5) For purposes of this subsection (b-5), "detention"
means all frisks, searches, summons, and arrests. Whenever a
law enforcement officer subjects a pedestrian to detention in
a public place, he or she shall complete a uniform pedestrian
stop card, which includes any existing form currently used by
law enforcement containing all the information required under
this Section, that records at least the following:
(1) the gender, and the officer's subjective
determination of the race of the person stopped; the
person's race shall be selected from the following list:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander, or White;
(2) all the alleged reasons that led to the stop of the
person;
(3) the date and time of the stop;
(4) the location of the stop;
(5) whether or not a protective pat down or frisk was
conducted of the person; and, if so, all the alleged
reasons that led to the protective pat down or frisk, and
whether it was with consent or by other means;
(6) whether or not contraband was found during the
protective pat down or frisk; and, if so, the type and
amount of contraband seized;

(7) whether or not a search beyond a protective pat
down or frisk was conducted of the person or his or her
effects; and, if so, all the alleged reasons that led to
the search, and whether it was with consent or by other
means;
(8) whether or not contraband was found during the
search beyond a protective pat down or frisk; and, if so,
the type and amount of contraband seized;
(9) the disposition of the stop, such as a warning, a
ticket, a summons, or an arrest;
(10) if a summons or ticket was issued, or an arrest
made, a record of the violations, offenses, or crimes
alleged or charged; and
(11) the name and badge number of the officer who
conducted the detention.
This subsection (b-5) does not apply to searches or
inspections for compliance authorized under the Fish and
Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
or searches or inspections during routine security screenings
at facilities or events.
(c) The Illinois Department of Transportation shall
provide a standardized law enforcement data compilation form
on its website.
(d) Every law enforcement agency shall, by March 1 with
regard to data collected during July through December of the
previous calendar year and by August 1 with regard to data

collected during January through June of the current calendar
year, compile the data described in subsections (a), (b), and
(b-5) on the standardized law enforcement data compilation
form provided by the Illinois Department of Transportation and
transmit the data to the Department.
(e) The Illinois Department of Transportation shall
analyze the data provided by law enforcement agencies required
by this Section and submit a report of the previous year's
findings to the Governor, the General Assembly, the Racial
Profiling Prevention and Data Oversight Board, and each law
enforcement agency no later than July 1 of each year. The
Illinois Department of Transportation may contract with an
outside entity for the analysis of the data provided. In
analyzing the data collected under this Section, the analyzing
entity shall scrutinize the data for evidence of statistically
significant aberrations. The following list, which is
illustrative, and not exclusive, contains examples of areas in
which statistically significant aberrations may be found:
(1) The percentage of minority drivers, passengers, or
pedestrians being stopped in a given area is substantially
higher than the proportion of the overall population in or
traveling through the area that the minority constitutes.
(2) A substantial number of false stops including
stops not resulting in the issuance of a traffic ticket or
the making of an arrest.
(3) A disparity between the proportion of citations

issued to minorities and proportion of minorities in the
population.
(4) A disparity among the officers of the same law
enforcement agency with regard to the number of minority
drivers, passengers, or pedestrians being stopped in a
given area.
(5) A disparity between the frequency of searches
performed on minority drivers or pedestrians and the
frequency of searches performed on non-minority drivers or
pedestrians.
(f) Any law enforcement officer identification information
and driver or pedestrian identification information that is
compiled by any law enforcement agency or the Illinois
Department of Transportation pursuant to this Act for the
purposes of fulfilling the requirements of this Section shall
be confidential and exempt from public inspection and copying,
as provided under Section 7 of the Freedom of Information Act,
and the information shall not be transmitted to anyone except
as needed to comply with this Section. This Section shall not
exempt those materials that, prior to the effective date of
this amendatory Act of the 93rd General Assembly, were
available under the Freedom of Information Act. This
subsection (f) shall not preclude law enforcement agencies
from reviewing data to perform internal reviews.
(g) Funding to implement this Section shall come from
federal highway safety funds available to Illinois, as

directed by the Governor.
(h) The Illinois Criminal Justice Information Authority,
in consultation with law enforcement agencies, officials, and
organizations, including Illinois chiefs of police, the
Illinois State Police, the Illinois Sheriffs Association, and
the Chicago Police Department, and community groups and other
experts, shall undertake a study to determine the best use of
technology to collect, compile, and analyze the traffic stop
statistical study data required by this Section. The
Department shall report its findings and recommendations to
the Governor and the General Assembly by March 1, 2022.
(h-1) The Traffic and Pedestrian Stop Data Use and
Collection Task Force is hereby created.
(1) The Task Force shall undertake a study to
determine the best use of technology to collect, compile,
and analyze the traffic stop statistical study data
required by this Section.
(2) The Task Force shall be an independent Task Force
under the Illinois Criminal Justice Information Authority
for administrative purposes, and shall consist of the
following members:
(A) 2 academics or researchers who have studied
issues related to traffic or pedestrian stop data
collection and have education or expertise in
statistics;
(B) one professor from an Illinois university who

specializes in policing and racial equity;
(C) one representative from the Illinois State
Police;
(D) one representative from the Chicago Police
Department;
(E) one representative from the Illinois Chiefs of
Police;
(F) one representative from the Illinois Sheriffs
Association;
(G) one representative from the Chicago Fraternal
Order of Police;
(H) one representative from the Illinois Fraternal
Order of Police;
(I) the Executive Director of the American Civil
Liberties Union of Illinois, or his or her designee;
and
(J) 5 representatives from different community
organizations who specialize in civil or human rights,
policing, or criminal justice reform work, and that
represent a range of minority interests or different
parts of the State.
(3) The Illinois Criminal Justice Information
Authority may consult, contract, work in conjunction with,
and obtain any information from any individual, agency,
association, or research institution deemed appropriate by
the Authority.

(4) The Task Force shall report its findings and
recommendations to the Governor and the General Assembly
by March 1, 2022 and every 3 years after.
(h-5) For purposes of this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(2.5) "Badge" means an officer's department issued
identification number associated with his or her position
as a police officer with that department.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa.
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(6) "White" means a person having origins in any of
the original peoples of Europe, the Middle East, or North

Africa.
(i) (Blank).
(Source: P.A. 101-24, eff. 6-21-19; 102-465, eff. 1-1-22;
102-538, eff. 8-20-21; revised 9-21-21.)
(625 ILCS 5/11-907) (from Ch. 95 1/2, par. 11-907)
Sec. 11-907. Operation of vehicles and streetcars on
approach of authorized emergency vehicles.
(a) Upon the immediate approach of an authorized emergency
vehicle making use of audible and visual signals meeting the
requirements of this Code or a police vehicle properly and
lawfully making use of an audible or visual signal:
(1) the driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position
parallel to, and as close as possible to, the right-hand
edge or curb of the highway clear of any intersection and
shall, if necessary to permit the safe passage of the
emergency vehicle, stop and remain in such position until
the authorized emergency vehicle has passed, unless
otherwise directed by a police officer; and
(2) the operator of every streetcar shall immediately
stop such car clear of any intersection and keep it in such
position until the authorized emergency vehicle has
passed, unless otherwise directed by a police officer.
(b) This Section shall not operate to relieve the driver
of an authorized emergency vehicle from the duty to drive with

due regard for the safety of all persons using the highway.
(c) Upon approaching a stationary authorized emergency
vehicle, when the authorized emergency vehicle is giving a
signal by displaying alternately flashing red, red and white,
blue, or red and blue lights or amber or yellow warning lights,
a person who drives an approaching vehicle shall:
(1) proceeding with due caution, yield the
right-of-way by making a lane change into a lane not
adjacent to that of the authorized emergency vehicle, if
possible with due regard to safety and traffic conditions,
if on a highway having at least 4 lanes with not less than
2 lanes proceeding in the same direction as the
approaching vehicle; or
(2) if changing lanes would be impossible or unsafe,
proceeding with due caution, reduce the speed of the
vehicle, maintaining a safe speed for road conditions and
leaving a safe distance until safely past the stationary
emergency vehicles.
The visual signal specified under this subsection (c)
given by an authorized emergency vehicle is an indication to
drivers of approaching vehicles that a hazardous condition is
present when circumstances are not immediately clear. Drivers
of vehicles approaching a stationary emergency vehicle in any
lane shall heed the warning of the signal, reduce the speed of
the vehicle, proceed with due caution, maintain a safe speed
for road conditions, be prepared to stop, and leave a safe

distance until safely passed the stationary emergency vehicle.
As used in this subsection (c), "authorized emergency
vehicle" includes any vehicle authorized by law to be equipped
with oscillating, rotating, or flashing lights under Section
12-215 of this Code, while the owner or operator of the vehicle
is engaged in his or her official duties.
(d) A person who violates subsection (c) of this Section
commits a business offense punishable by a fine of not less
than $250 or more than $10,000 for a first violation, and a
fine of not less than $750 or more than $10,000 for a second or
subsequent violation. It is a factor in aggravation if the
person committed the offense while in violation of Section
11-501, 12-610.1, or 12-610.2 of this Code. Imposition of the
penalties authorized by this subsection (d) for a violation of
subsection (c) of this Section that results in the death of
another person does not preclude imposition of appropriate
additional civil or criminal penalties. A person who violates
subsection (c) and the violation results in damage to another
vehicle commits a Class A misdemeanor. A person who violates
subsection (c) and the violation results in the injury or
death of another person commits a Class 4 felony.
(e) If a violation of subsection (c) of this Section
results in damage to the property of another person, in
addition to any other penalty imposed, the person's driving
privileges shall be suspended for a fixed period of not less
than 90 days and not more than one year.

(f) If a violation of subsection (c) of this Section
results in injury to another person, in addition to any other
penalty imposed, the person's driving privileges shall be
suspended for a fixed period of not less than 180 days and not
more than 2 years.
(g) If a violation of subsection (c) of this Section
results in the death of another person, in addition to any
other penalty imposed, the person's driving privileges shall
be suspended for 2 years.
(h) The Secretary of State shall, upon receiving a record
of a judgment entered against a person under subsection (c) of
this Section:
(1) suspend the person's driving privileges for the
mandatory period; or
(2) extend the period of an existing suspension by the
appropriate mandatory period.
(i) The Scott's Law Fund shall be a special fund in the
State treasury. Subject to appropriation by the General
Assembly and approval by the Director, the Director of the
State Police shall use all moneys in the Scott's Law Fund in
the Department's discretion to fund the production of
materials to educate drivers on approaching stationary
authorized emergency vehicles, to hire off-duty Department of
State Police for enforcement of this Section, and for other
law enforcement purposes the Director deems necessary in these
efforts.

(j) For violations of this Section issued by a county or
municipal police officer, the assessment shall be deposited
into the county's or municipality's Transportation Safety
Highway Hire-back Fund. The county shall use the moneys in its
Transportation Safety Highway Hire-back Fund to hire off-duty
county police officers to monitor construction or maintenance
zones in that county on highways other than interstate
highways. The county, in its discretion, may also use a
portion of the moneys in its Transportation Safety Highway
Hire-back Fund to purchase equipment for county law
enforcement and fund the production of materials to educate
drivers on construction zone safe driving habits and
approaching stationary authorized emergency vehicles.
(k) In addition to other penalties imposed by this
Section, the court may order a person convicted of a violation
of subsection (c) to perform community service as determined
by the court.
(Source: P.A. 101-173, eff. 1-1-20; 102-336, eff. 1-1-22;
102-338, eff. 1-1-22; revised 9-21-21.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated railroad crossing enforcement
system.
(a) For the purposes of this Section, an automated
railroad grade crossing enforcement system is a system in a
municipality or county operated by a governmental agency that

produces a recorded image of a motor vehicle's violation of a
provision of this Code or local ordinance and is designed to
obtain a clear recorded image of the vehicle and vehicle's
license plate. The recorded image must also display the time,
date, and location of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing enforcement
system on:
(1) 2 or more photographs;
(2) 2 or more microphotographs;
(3) 2 or more electronic images; or
(4) a video recording showing the motor vehicle and,
on at least one image or portion of the recording, clearly
identifying the registration plate or digital registration
plate number of the motor vehicle.
(b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county
or municipality an automated railroad grade crossing
enforcement system at any railroad grade crossing equipped
with a crossing gate designated by local authorities. Local
authorities desiring the establishment of an automated
railroad crossing enforcement system must initiate the process
by enacting a local ordinance requesting the creation of such
a system. After the ordinance has been enacted, and before any
additional steps toward the establishment of the system are
undertaken, the local authorities and the Commission must

agree to a plan for obtaining, from any combination of
federal, State, and local funding sources, the moneys required
for the purchase and installation of any necessary equipment.
(b-1) (Blank).)
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing enforcement system, the county or municipality having
jurisdiction shall issue a written notice of the violation to
the registered owner of the vehicle as the alleged violator.
The notice shall be delivered to the registered owner of the
vehicle, by mail, no later than 90 days after the violation.
The notice shall include:
(1) the name and address of the registered owner of
the vehicle;
(2) the registration number of the motor vehicle
involved in the violation;
(3) the violation charged;
(4) the location where the violation occurred;
(5) the date and time of the violation;
(6) a copy of the recorded images;
(7) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a railroad grade crossing;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of

liability; and
(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or
by administrative hearing.
(d) (Blank).
(d-1) (Blank).)
(d-2) (Blank).)
(e) Based on inspection of recorded images produced by an
automated railroad grade crossing enforcement system, a notice
alleging that the violation occurred shall be evidence of the
facts contained in the notice and admissible in any proceeding
alleging a violation under this Section.
(e-1) Recorded images made by an automated railroad grade
crossing enforcement system are confidential and shall be made
available only to the alleged violator and governmental and
law enforcement agencies for purposes of adjudicating a
violation of this Section, for statistical purposes, or for
other governmental purposes. Any recorded image evidencing a
violation of this Section, however, may be admissible in any
proceeding resulting from the issuance of the citation.
(e-2) The court or hearing officer may consider the
following in the defense of a violation:
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were

stolen before the violation occurred and not under the
control of or in the possession of the owner at the time of
the violation;
(2) that the driver of the motor vehicle received a
Uniform Traffic Citation from a police officer at the time
of the violation for the same offense;
(3) any other evidence or issues provided by municipal
or county ordinance.
(e-3) To demonstrate that the motor vehicle or the
registration plates or digital registration plates were stolen
before the violation occurred and were not under the control
or possession of the owner at the time of the violation, the
owner must submit proof that a report concerning the stolen
motor vehicle or registration plates was filed with a law
enforcement agency in a timely manner.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued,
and the amount of the fine for violation.
(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system.
(h) (Blank).)

(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.
(j) Penalty. A civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section.
(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
revised 11-24-21.)
(625 ILCS 5/13-108) (from Ch. 95 1/2, par. 13-108)
Sec. 13-108. Hearing on complaint against official testing
station or official portable emissions testing company;
suspension or revocation of permit. If it appears to the
Department, either through its own investigation or upon
charges verified under oath, that any of the provisions of
this Chapter or the rules and regulations of the Department,
are being violated, the Department, shall, after notice to the
person, firm, or corporation charged with such violation,
conduct a hearing. At least 10 days prior to the date of such
hearing the Department shall cause to be served upon the
person, firm, or corporation charged with such violation, a

copy of such charge or charges by registered mail or by the
personal service thereof, together with a notice specifying
the time and place of such hearing. At the time and place
specified in such notice, the person, firm, or corporation
charged with such violation shall be given an opportunity to
appear in person or by counsel and to be heard by the Secretary
of Transportation or an officer or employee of the Department
designated in writing by him to conduct such hearing. If it
appears from the hearing that such person, firm, or
corporation is guilty of the charge preferred against the
person, firm, or corporation him or it, the Secretary of
Transportation may order the permit suspended or revoked, and
the bond forfeited. Any such revocation or suspension shall
not be a bar to subsequent arrest and prosecution for
violation of this Chapter.
(Source: P.A. 102-566, eff. 1-1-22; revised 11-24-21.)
(625 ILCS 5/13-109.1)
Sec. 13-109.1. Annual emission inspection tests;
standards; penalties; funds.
(a) For each diesel powered vehicle that (i) is registered
for a gross weight of more than 16,000 pounds, (ii) is
registered within an affected area, and (iii) is a 2 year or
older model year, an annual emission inspection test shall be
conducted at an official testing station or by an official
portable emissions testing company certified by the Illinois

Department of Transportation to perform diesel emission
inspections pursuant to the standards set forth in subsection
(b) of this Section. This annual emission inspection test may
be conducted in conjunction with a semi-annual safety test.
(a-5) (Blank).
(b) Diesel emission inspections conducted under this
Chapter 13 shall be conducted in accordance with the Society
of Automotive Engineers Recommended Practice J1667
"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
Powered Vehicles" and the cutpoint standards set forth in the
United States Environmental Protection Agency guidance
document "Guidance to States on Smoke Opacity Cutpoints to be
used with the SAE J1667 In-Use Smoke Test Procedure". Those
procedures and standards, as now in effect, are made a part of
this Code, in the same manner as though they were set out in
full in this Code.
Notwithstanding the above cutpoint standards, for motor
vehicles that are model years 1973 and older, until December
31, 2002, the level of peak smoke opacity shall not exceed 70
percent. Beginning January 1, 2003, for motor vehicles that
are model years 1973 and older, the level of peak smoke opacity
shall not exceed 55 percent.
(c) If the annual emission inspection under subsection (a)
reveals that the vehicle is not in compliance with the diesel
emission standards set forth in subsection (b) of this
Section, the operator of the official testing station or

official portable emissions testing company shall issue a
warning notice requiring correction of the violation. The
correction shall be made and the vehicle submitted to an
emissions retest at an official testing station or official
portable emissions testing company certified by the Department
to perform diesel emission inspections within 30 days from the
issuance of the warning notice requiring correction of the
violation.
If, within 30 days from the issuance of the warning
notice, the vehicle is not in compliance with the diesel
emission standards set forth in subsection (b) as determined
by an emissions retest at an official testing station or
through an official portable emissions testing company, the
certified emissions testing operator or the Department shall
place the vehicle out-of-service in accordance with the rules
promulgated by the Department. Operating a vehicle that has
been placed out-of-service under this subsection (c) is a
petty offense punishable by a $1,000 fine. The vehicle must
pass a diesel emission inspection at an official testing
station before it is again placed in service. The Secretary of
State, Illinois State Police, and other law enforcement
officers shall enforce this Section. No emergency vehicle, as
defined in Section 1-105, may be placed out-of-service
pursuant to this Section.
The Department, an official testing station, or an
official portable emissions testing company may issue a

certificate of waiver subsequent to a reinspection of a
vehicle that failed the emissions inspection. Certificate of
waiver shall be issued upon determination that documented
proof demonstrates that emissions repair costs for the
noncompliant vehicle of at least $3,000 have been spent in an
effort to achieve compliance with the emission standards set
forth in subsection (b). The Department of Transportation
shall adopt rules for the implementation of this subsection
including standards of documented proof as well as the
criteria by which a waiver shall be granted.
(c-5) (Blank).
(d) (Blank).
(Source: P.A. 102-538, eff. 8-20-21; 102-566, eff. 1-1-22;
revised 10-12-21.)
(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of vehicles.
(a) On Class III and non-designated State and local
highways, the total outside width of any vehicle or load
thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient
light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a
distance of 1000 feet, the following vehicles may exceed the 8
feet 6 inch limitation during the period from a half hour
before sunrise to a half hour after sunset:

(1) Loads of hay, straw or other similar farm products
provided that the load is not more than 12 feet wide.
(2) Implements of husbandry being transported on
another vehicle and the transporting vehicle while loaded.
The following requirements apply to the transportation
on another vehicle of an implement of husbandry wider than
8 feet 6 inches on the National System of Interstate and
Defense Highways or other highways in the system of State
highways:
(A) The driver of a vehicle transporting an
implement of husbandry that exceeds 8 feet 6 inches in
width shall obey all traffic laws and shall check the
roadways prior to making a movement in order to ensure
that adequate clearance is available for the movement.
It is prima facie evidence that the driver of a vehicle
transporting an implement of husbandry has failed to
check the roadway prior to making a movement if the
vehicle is involved in a collision with a bridge,
overpass, fixed structure, or properly placed traffic
control device or if the vehicle blocks traffic due to
its inability to proceed because of a bridge,
overpass, fixed structure, or properly placed traffic
control device.
(B) Flags shall be displayed so as to wave freely
at the extremities of overwidth objects and at the
extreme ends of all protrusions, projections, and

overhangs. All flags shall be clean, bright red flags
with no advertising, wording, emblem, or insignia
inscribed upon them and at least 18 inches square.
(C) "OVERSIZE LOAD" signs are mandatory on the
front and rear of all vehicles with loads over 10 feet
wide. These signs must have 12-inch high black letters
with a 2-inch stroke on a yellow sign that is 7 feet
wide by 18 inches high.
(D) One civilian escort vehicle is required for a
load that exceeds 14 feet 6 inches in width and 2
civilian escort vehicles are required for a load that
exceeds 16 feet in width on the National System of
Interstate and Defense Highways or other highways in
the system of State highways.
(E) The requirements for a civilian escort vehicle
and driver are as follows:
(1) The civilian escort vehicle shall be a
vehicle not exceeding a gross vehicle weight
rating of 26,000 pounds that is designed to afford
clear and unobstructed vision to both front and
rear.
(2) The escort vehicle driver must be properly
licensed to operate the vehicle.
(3) While in use, the escort vehicle must be
equipped with illuminated rotating, oscillating,
or flashing amber lights or flashing amber strobe

lights mounted on top that are of sufficient
intensity to be visible at 500 feet in normal
sunlight.
(4) "OVERSIZE LOAD" signs are mandatory on all
escort vehicles. The sign on an escort vehicle
shall have 8-inch high black letters on a yellow
sign that is 5 feet wide by 12 inches high.
(5) When only one escort vehicle is required
and it is operating on a two-lane highway, the
escort vehicle shall travel approximately 300 feet
ahead of the load. The rotating, oscillating, or
flashing lights or flashing amber strobe lights
and an "OVERSIZE LOAD" sign shall be displayed on
the escort vehicle and shall be visible from the
front. When only one escort vehicle is required
and it is operating on a multilane divided
highway, the escort vehicle shall travel
approximately 300 feet behind the load and the
sign and lights shall be visible from the rear.
(6) When 2 escort vehicles are required, one
escort shall travel approximately 300 feet ahead
of the load and the second escort shall travel
approximately 300 feet behind the load. The
rotating, oscillating, or flashing lights or
flashing amber strobe lights and an "OVERSIZE
LOAD" sign shall be displayed on the escort

vehicles and shall be visible from the front on
the lead escort and from the rear on the trailing
escort.
(7) When traveling within the corporate limits
of a municipality, the escort vehicle shall
maintain a reasonable and proper distance from the
oversize load, consistent with existing traffic
conditions.
(8) A separate escort shall be provided for
each load hauled.
(9) The driver of an escort vehicle shall obey
all traffic laws.
(10) The escort vehicle must be in safe
operational condition.
(11) The driver of the escort vehicle must be
in radio contact with the driver of the vehicle
carrying the oversize load.
(F) A transport vehicle while under load of more
than 8 feet 6 inches in width must be equipped with an
illuminated rotating, oscillating, or flashing amber
light or lights or a flashing amber strobe light or
lights mounted on the top of the cab that are of
sufficient intensity to be visible at 500 feet in
normal sunlight. If the load on the transport vehicle
blocks the visibility of the amber lighting from the
rear of the vehicle, the vehicle must also be equipped

with an illuminated rotating, oscillating, or flashing
amber light or lights or a flashing amber strobe light
or lights mounted on the rear of the load that are of
sufficient intensity to be visible at 500 feet in
normal sunlight.
(G) When a flashing amber light is required on the
transport vehicle under load and it is operating on a
two-lane highway, the transport vehicle shall display
to the rear at least one rotating, oscillating, or
flashing light or a flashing amber strobe light and an
"OVERSIZE LOAD" sign. When a flashing amber light is
required on the transport vehicle under load and it is
operating on a multilane divided highway, the sign and
light shall be visible from the rear.
(H) Maximum speed shall be 45 miles per hour on all
such moves or 5 miles per hour above the posted minimum
speed limit, whichever is greater, but the vehicle
shall not at any time exceed the posted maximum speed
limit.
(3) Portable buildings designed and used for
agricultural and livestock raising operations that are not
more than 14 feet wide and with not more than a one-foot 1
foot overhang along the left side of the hauling vehicle.
However, the buildings shall not be transported more than
10 miles and not on any route that is part of the National
System of Interstate and Defense Highways.

All buildings when being transported shall display at
least 2 red cloth flags, not less than 12 inches square,
mounted as high as practicable on the left and right side of
the building.
An Illinois State Police escort shall be required if it is
necessary for this load to use part of the left lane when
crossing any 2-laned 2 laned State highway bridge.
(c) Vehicles propelled by electric power obtained from
overhead trolley wires operated wholly within the corporate
limits of a municipality are also exempt from the width
limitation.
(d) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169,
may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances
that extend 6 inches or less beyond either side of the body
of the vehicle; and
(2) the roadway on which the vehicle is traveling has
marked lanes for vehicular traffic that are at least 11
feet in width.
As used in this subsection (d-1) and in subsection (d-2),
the term appurtenance includes (i) a retracted awning and its
support hardware and (ii) any appendage that is intended to be
an integral part of a recreational vehicle.
(d-2) A recreational vehicle that exceeds 8 feet 6 inches
in width as provided in subsection (d-1) may travel any

roadway of the State if the vehicle is being operated between a
roadway permitted under subsection (d-1) and:
(1) the location where the recreational vehicle is
garaged;
(2) the destination of the recreational vehicle; or
(3) a facility for food, fuel, repair, services, or
rest.
(e) A vehicle and load traveling upon the National System
of Interstate and Defense Highways or any other highway in the
system of State highways that has been designated as a Class I
or Class II highway by the Department, or any street or highway
designated by local authorities, may have a total outside
width of 8 feet 6 inches, provided that certain safety devices
that the Department determines as necessary for the safe and
efficient operation of motor vehicles shall not be included in
the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code may
project up to 14 inches beyond each side of a bus and up to 6
inches beyond each side of any other vehicle, and that
projection shall not be deemed a violation of the width
restrictions of this Section.
(g) Any person who is convicted of violating this Section
is subject to the penalty as provided in paragraph (b) of

Section 15-113.
(h) Safety devices identified by the Department in
accordance with Section 12-812 shall not be deemed a violation
of the width restrictions of this Section.
(Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 9-22-21.)
(625 ILCS 5/15-305) (from Ch. 95 1/2, par. 15-305)
Sec. 15-305. Fees for legal weight but overdimension
vehicles, combinations, and loads ;oads, other than house
trailer combinations. Fees for special permits to move
overdimension vehicles, combinations, and loads, other than
house trailer combinations, shall be paid by the applicant to
the Department at the following rates:
90 Day Annual
Limited Limited
Single Continuous Continuous
Trip Operation Operation
(a) Overall width of 10 feet
or less, overall height of 14
feet 6 inches or less, and
overall length of 70
feet or less $100.00 $400.00
For the first 90 miles $12.00
From 90 miles to 180 miles $15.00
From 180 miles to 270 miles $18.00

For more than 270 miles $21.00
(b) Overall width of 12 feet
or less, overall height of 14
feet 6 inches or less, and
overall length
of 85 feet or less $150.00 $600.00
For the first 90 miles $15.00
From 90 miles to 180 miles $20.00
From 180 miles to 270 miles $25.00
For more than 270 miles $30.00
(c) Overall width of 14 feet
or less, overall height of 15
feet or less, and overall
length of 100 feet or less
Single Trip
Only
For the first 90 miles $25.00
From 90 miles to 180 miles $30.00
From 180 miles to 270 miles $35.00
For more than 270 miles $40.00

(d) Overall width of 18 feet
or less (authorized only
under special conditions and
for limited distances),
overall height of 16 feet or
less, and overall length of
120 feet or less
Single Trip
Only
For the first 90 miles $30.00
From 90 miles to 180 miles $40.00
From 180 miles to 270 miles $50.00
For more than 270 miles $60.00
(e) Overall width of more
than 18 feet (authorized only
under special conditions and
for limited distances),
overall height more than 16
feet, and overall length more
than 120 feet
Single Trip
Only
For the first 90 miles $50.00
From 90 miles to 180 miles $75.00

From 180 miles to 270 miles $100.00
For more than 270 miles $125.00
Permits issued under this Section shall be for a vehicle,
or vehicle combination and load not exceeding legal weights, ;
and, in the case of the limited continuous operation, shall be
for the same vehicle, vehicle combination, or like load.
Escort requirements shall be as prescribed in the
Department's rules and regulations. Fees for the Illinois
State Police vehicle escort, when required, shall be in
addition to the permit fees.
(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
(Text of Section before amendment by P.A. 101-652)
Sec. 16-103. Arrest outside county where violation
committed.
Whenever a defendant is arrested upon a warrant charging a
violation of this Act in a county other than that in which such
warrant was issued, the arresting officer, immediately upon
the request of the defendant, shall take such defendant before
a circuit judge or associate circuit judge in the county in
which the arrest was made who shall admit the defendant to bail
for his appearance before the court named in the warrant. On
taking such bail, the circuit judge or associate circuit judge
shall certify such fact on the warrant and deliver the warrant
and undertaking of bail or other security, or the drivers

license of such defendant if deposited, under the law relating
to such licenses, in lieu of such security, to the officer
having charge of the defendant. Such officer shall then
immediately discharge the defendant from arrest and without
delay deliver such warrant and such undertaking of bail, or
other security or drivers license to the court before which
the defendant is required to appear.
(Source: P.A. 77-1280.)
(Text of Section after amendment by P.A. 101-652)
Sec. 16-103. Arrest outside county where violation
committed.
Whenever a defendant is arrested upon a warrant charging a
violation of this Act in a county other than that in which such
warrant was issued, the arresting officer, immediately upon
the request of the defendant, shall take such defendant before
a circuit judge or associate circuit judge in the county in
which the arrest was made who shall admit the defendant to
pretrial release for his appearance before the court named in
the warrant. On setting the conditions of pretrial release,
the circuit judge or associate circuit judge shall certify
such fact on the warrant and deliver the warrant and
conditions of pretrial release, or the drivers license of such
defendant if deposited, under the law relating to such
licenses, in lieu of such security, to the officer having
charge of the defendant. Such officer shall then immediately

discharge the defendant from arrest and without delay deliver
such warrant and such acknowledgment by the defendant of his
or her receiving the conditions of pretrial release or drivers
license to the court before which the defendant is required to
appear.
(Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and
except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and
penalties recovered under the provisions of Chapters 3 through
17 and 18b inclusive of this Code shall be paid and used as
follows:
1. For offenses committed upon a highway within the
limits of a city, village, or incorporated town or under
the jurisdiction of any park district, to the treasurer of
the particular city, village, incorporated town, or park
district, if the violator was arrested by the authorities
of the city, village, incorporated town, or park district,
provided the police officers and officials of cities,
villages, incorporated towns, and park districts shall
seasonably prosecute for all fines and penalties under
this Code. If the violation is prosecuted by the
authorities of the county, any fines or penalties

recovered shall be paid to the county treasurer, except
that fines and penalties recovered from violations
arrested by the Illinois State Police shall be remitted to
the State Treasurer for deposit into the State Police Law
Enforcement Administration Fund. Provided further that if
the violator was arrested by the Illinois State Police,
fines and penalties recovered under the provisions of
paragraph (a) of Section 15-113 of this Code or paragraph
(e) of Section 15-316 of this Code shall be remitted
Illinois to the State Treasurer who shall deposit the
amount so remitted in the special fund in the State
treasury known as the Road Fund except that if the
violation is prosecuted by the State's Attorney, 10% of
the fine or penalty recovered shall be paid to the State's
Attorney as a fee of his office and the balance shall be
remitted to the State Treasurer Illinois for remittance to
and deposit by the State Treasurer as hereinabove
provided.
2. Except as provided in paragraph 4, for offenses
committed upon any highway outside the limits of a city,
village, incorporated town, or park district, to the
county treasurer of the county where the offense was
committed except if such offense was committed on a
highway maintained by or under the supervision of a
township, township district, or a road district to the
Treasurer thereof for deposit in the road and bridge fund

of such township or other district, except that fines and
penalties recovered from violations arrested by the
Illinois State Police shall be remitted to the State
Treasurer for deposit into the State Police Law
Enforcement Administration Fund; provided, that fines and
penalties recovered under the provisions of paragraph (a)
of Section 15-113, paragraph (d) of Section 3-401, or
paragraph (e) of Section 15-316 of this Code shall be
remitted Illinois to the State Treasurer who shall deposit
the amount so remitted in the special fund in the State
treasury known as the Road Fund except that if the
violation is prosecuted by the State's Attorney, 10% of
the fine or penalty recovered shall be paid to the State's
Attorney as a fee of his office and the balance shall be
remitted to the State Treasurer Illinois for remittance to
and deposit by the State Treasurer as hereinabove
provided.
3. Notwithstanding subsections 1 and 2 of this
paragraph, for violations of overweight and overload
limits found in Sections 15-101 through 15-203 of this
Code, which are committed upon the highways belonging to
the Illinois State Toll Highway Authority, fines and
penalties shall be remitted to the Illinois State Toll
Highway Authority for deposit with the State Treasurer
into that special fund known as the Illinois State Toll
Highway Authority Fund, except that if the violation is

prosecuted by the State's Attorney, 10% of the fine or
penalty recovered shall be paid to the State's Attorney as
a fee of his office and the balance shall be remitted to
the Illinois State Toll Highway Authority for remittance
to and deposit by the State Treasurer as hereinabove
provided.
4. With regard to violations of overweight and
overload limits found in Sections 15-101 through 15-203 of
this Code committed by operators of vehicles registered as
Special Hauling Vehicles, for offenses committed upon a
highway within the limits of a city, village, or
incorporated town or under the jurisdiction of any park
district, all fines and penalties shall be paid over or
retained as required in paragraph 1. However, with regard
to the above offenses committed by operators of vehicles
registered as Special Hauling Vehicles upon any highway
outside the limits of a city, village, incorporated town,
or park district, fines and penalties shall be paid over
or retained by the entity having jurisdiction over the
road or highway upon which the offense occurred, except
that if the violation is prosecuted by the State's
Attorney, 10% of the fine or penalty recovered shall be
paid to the State's Attorney as a fee of his office.
(b) Failure, refusal, or neglect on the part of any
judicial or other officer or employee receiving or having
custody of any such fine or forfeiture either before or after a

deposit with the proper official as defined in paragraph (a)
of this Section, shall constitute misconduct in office and
shall be grounds for removal therefrom.
(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21;
revised 10-12-21.)
Section 580. The Snowmobile Registration and Safety Act is
amended by changing Section 5-7 as follows:
(625 ILCS 40/5-7)
(Text of Section before amendment by P.A. 101-652)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;

3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of
safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.

(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any
combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a forfeiture of bail or collateral deposited to
secure a defendant's appearance in court when forfeiture
has not been vacated; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the

violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this paragraph 2, if
sentenced to a term of imprisonment, shall be sentenced to
not less than one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or
a similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this

Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided in subsection (i)
of Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities,
a person who is found guilty of violating this Section,
including any person placed on court supervision, shall be
fined $100, payable to the circuit clerk, who shall distribute
the money to the law enforcement agency that made the arrest or
as provided in subsection (c) of Section 10-5 of the Criminal
and Traffic Assessment Act if the arresting agency is a State
agency, unless more than one agency is responsible for the
arrest, in which case the amount shall be remitted to each unit
of government equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used
to purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of
a misdemeanor under this Section for a period of one year,
except that first-time offenders are exempt from this

mandatory one-year one year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of
5 years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 102-145, eff. 7-23-21; revised 8-5-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 5-7. Operating a snowmobile while under the influence
of alcohol or other drug or drugs, intoxicating compound or
compounds, or a combination of them; criminal penalties;
suspension of operating privileges.
(a) A person may not operate or be in actual physical
control of a snowmobile within this State while:
1. The alcohol concentration in that person's blood,
other bodily substance, or breath is a concentration at
which driving a motor vehicle is prohibited under
subdivision (1) of subsection (a) of Section 11-501 of the
Illinois Vehicle Code;
2. The person is under the influence of alcohol;
3. The person is under the influence of any other drug
or combination of drugs to a degree that renders that
person incapable of safely operating a snowmobile;
3.1. The person is under the influence of any
intoxicating compound or combination of intoxicating
compounds to a degree that renders the person incapable of

safely operating a snowmobile;
4. The person is under the combined influence of
alcohol and any other drug or drugs or intoxicating
compound or compounds to a degree that renders that person
incapable of safely operating a snowmobile;
4.3. The person who is not a CDL holder has a
tetrahydrocannabinol concentration in the person's whole
blood or other bodily substance at which driving a motor
vehicle is prohibited under subdivision (7) of subsection
(a) of Section 11-501 of the Illinois Vehicle Code;
4.5. The person who is a CDL holder has any amount of a
drug, substance, or compound in the person's breath,
blood, other bodily substance, or urine resulting from the
unlawful use or consumption of cannabis listed in the
Cannabis Control Act; or
5. There is any amount of a drug, substance, or
compound in that person's breath, blood, other bodily
substance, or urine resulting from the unlawful use or
consumption of a controlled substance listed in the
Illinois Controlled Substances Act, methamphetamine as
listed in the Methamphetamine Control and Community
Protection Act, or intoxicating compound listed in the use
of Intoxicating Compounds Act.
(b) The fact that a person charged with violating this
Section is or has been legally entitled to use alcohol, other
drug or drugs, any intoxicating compound or compounds, or any

combination of them does not constitute a defense against a
charge of violating this Section.
(c) Every person convicted of violating this Section or a
similar provision of a local ordinance is guilty of a Class A
misdemeanor, except as otherwise provided in this Section.
(c-1) As used in this Section, "first time offender" means
any person who has not had a previous conviction or been
assigned supervision for violating this Section or a similar
provision of a local ordinance, or any person who has not had a
suspension imposed under subsection (e) of Section 5-7.1.
(c-2) For purposes of this Section, the following are
equivalent to a conviction:
(1) a violation of the terms of pretrial release when
the court has not relieved the defendant of complying with
the terms of pretrial release; or
(2) the failure of a defendant to appear for trial.
(d) Every person convicted of violating this Section is
guilty of a Class 4 felony if:
1. The person has a previous conviction under this
Section;
2. The offense results in personal injury where a
person other than the operator suffers great bodily harm
or permanent disability or disfigurement, when the
violation was a proximate cause of the injuries. A person
guilty of a Class 4 felony under this paragraph 2, if
sentenced to a term of imprisonment, shall be sentenced to

not less than one year nor more than 12 years; or
3. The offense occurred during a period in which the
person's privileges to operate a snowmobile are revoked or
suspended, and the revocation or suspension was for a
violation of this Section or was imposed under Section
5-7.1.
(e) Every person convicted of violating this Section is
guilty of a Class 2 felony if the offense results in the death
of a person. A person guilty of a Class 2 felony under this
subsection (e), if sentenced to a term of imprisonment, shall
be sentenced to a term of not less than 3 years and not more
than 14 years.
(e-1) Every person convicted of violating this Section or
a similar provision of a local ordinance who had a child under
the age of 16 on board the snowmobile at the time of offense
shall be subject to a mandatory minimum fine of $500 and shall
be subject to a mandatory minimum of 5 days of community
service in a program benefiting children. The assignment under
this subsection shall not be subject to suspension nor shall
the person be eligible for probation in order to reduce the
assignment.
(e-2) Every person found guilty of violating this Section,
whose operation of a snowmobile while in violation of this
Section proximately caused any incident resulting in an
appropriate emergency response, shall be liable for the
expense of an emergency response as provided in subsection (i)

of Section 11-501.01 of the Illinois Vehicle Code.
(e-3) In addition to any other penalties and liabilities,
a person who is found guilty of violating this Section,
including any person placed on court supervision, shall be
fined $100, payable to the circuit clerk, who shall distribute
the money to the law enforcement agency that made the arrest or
as provided in subsection (c) of Section 10-5 of the Criminal
and Traffic Assessment Act if the arresting agency is a State
agency, unless more than one agency is responsible for the
arrest, in which case the amount shall be remitted to each unit
of government equally. Any moneys received by a law
enforcement agency under this subsection (e-3) shall be used
to purchase law enforcement equipment or to provide law
enforcement training that will assist in the prevention of
alcohol related criminal violence throughout the State. Law
enforcement equipment shall include, but is not limited to,
in-car video cameras, radar and laser speed detection devices,
and alcohol breath testers.
(f) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend the snowmobile
operation privileges of a person convicted or found guilty of
a misdemeanor under this Section for a period of one year,
except that first-time offenders are exempt from this
mandatory one-year one year suspension.
(g) In addition to any criminal penalties imposed, the
Department of Natural Resources shall suspend for a period of

5 years the snowmobile operation privileges of any person
convicted or found guilty of a felony under this Section.
(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
revised 8-5-21.)
Section 585. The Clerks of Courts Act is amended by
changing Section 27.1b as follows:
(705 ILCS 105/27.1b)
(Section scheduled to be repealed on January 1, 2024)
Sec. 27.1b. Circuit court clerk fees. Notwithstanding any
other provision of law, all fees charged by the clerks of the
circuit court for the services described in this Section shall
be established, collected, and disbursed in accordance with
this Section. Except as otherwise specified in this Section,
all fees under this Section shall be paid in advance and
disbursed by each clerk on a monthly basis. In a county with a
population of over 3,000,000, units of local government and
school districts shall not be required to pay fees under this
Section in advance and the clerk shall instead send an
itemized bill to the unit of local government or school
district, within 30 days of the fee being incurred, and the
unit of local government or school district shall be allowed
at least 30 days from the date of the itemized bill to pay;
these payments shall be disbursed by each clerk on a monthly
basis. Unless otherwise specified in this Section, the amount

of a fee shall be determined by ordinance or resolution of the
county board and remitted to the county treasurer to be used
for purposes related to the operation of the court system in
the county. In a county with a population of over 3,000,000,
any amount retained by the clerk of the circuit court or
remitted to the county treasurer shall be subject to
appropriation by the county board.
(a) Civil cases. The fee for filing a complaint, petition,
or other pleading initiating a civil action shall be as set
forth in the applicable schedule under this subsection in
accordance with case categories established by the Supreme
Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $366 in a
county with a population of 3,000,000 or more and not to
exceed $316 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this
schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative

purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $290 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $250 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $357 in a
county with a population of 3,000,000 or more and not to
exceed $266 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $190 through December 31, 2021 and $184 on and
after January 1, 2022. The fees collected under this

schedule shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's
instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund: and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $281 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $200 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.

(3) SCHEDULE 3: not to exceed a total of $265 in a
county with a population of 3,000,000 or more and not to
exceed $89 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$190 through December 31, 2021 and $184 on and after
January 1, 2022. The fees collected under this schedule
shall be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $55 in a county with a population of
3,000,000 or more and in an amount not to exceed $22 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $11 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts in accordance with the clerk's
instructions, as follows:
(i) $2 into the Access to Justice Fund; and
(ii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $199 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $56 in any other county, as specified by

ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(4) SCHEDULE 4: $0.
(b) Appearance. The fee for filing an appearance in a
civil action, including a cannabis civil law action under the
Cannabis Control Act, shall be as set forth in the applicable
schedule under this subsection in accordance with case
categories established by the Supreme Court in schedules.
(1) SCHEDULE 1: not to exceed a total of $230 in a
county with a population of 3,000,000 or more and not to
exceed $191 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $45 in
any other county determined by the clerk with the
approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit up to $21 to the State
Treasurer. The State Treasurer shall deposit the
appropriate amounts, in accordance with the clerk's

instructions, as follows:
(i) up to $10, as specified by the Supreme
Court in accordance with Part 10A of Article II of
the Code of Civil Procedure, into the Mandatory
Arbitration Fund;
(ii) $2 into the Access to Justice Fund; and
(iii) $9 into the Supreme Court Special
Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $159 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $125 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(2) SCHEDULE 2: not to exceed a total of $130 in a
county with a population of 3,000,000 or more and not to
exceed $109 in any other county, except as applied to
units of local government and school districts in counties
with more than 3,000,000 inhabitants an amount not to
exceed $75. The fees collected under this schedule shall
be disbursed as follows:
(A) The clerk shall retain a sum, in an amount not
to exceed $50 in a county with a population of
3,000,000 or more and in an amount not to exceed $10 in
any other county determined by the clerk with the

approval of the Supreme Court, to be used for court
automation, court document storage, and administrative
purposes.
(B) The clerk shall remit $9 to the State
Treasurer, which the State Treasurer shall deposit
into the Supreme Court Special Purposes Fund.
(C) The clerk shall remit a sum to the County
Treasurer, in an amount not to exceed $71 in a county
with a population of 3,000,000 or more and in an amount
not to exceed $90 in any other county, as specified by
ordinance or resolution passed by the county board,
for purposes related to the operation of the court
system in the county.
(3) SCHEDULE 3: $0.
(b-5) Kane County and Will County. In Kane County and Will
County civil cases, there is an additional fee of up to $30 as
set by the county board under Section 5-1101.3 of the Counties
Code to be paid by each party at the time of filing the first
pleading, paper, or other appearance; provided that no
additional fee shall be required if more than one party is
represented in a single pleading, paper, or other appearance.
Distribution of fees collected under this subsection (b-5)
shall be as provided in Section 5-1101.3 of the Counties Code.
(c) Counterclaim or third party complaint. When any
defendant files a counterclaim or third party complaint, as
part of the defendant's answer or otherwise, the defendant

shall pay a filing fee for each counterclaim or third party
complaint in an amount equal to the filing fee the defendant
would have had to pay had the defendant brought a separate
action for the relief sought in the counterclaim or third
party complaint, less the amount of the appearance fee, if
any, that the defendant has already paid in the action in which
the counterclaim or third party complaint is filed.
(d) Alias summons. The clerk shall collect a fee not to
exceed $6 in a county with a population of 3,000,000 or more
and not to exceed $5 in any other county for each alias summons
or citation issued by the clerk, except as applied to units of
local government and school districts in counties with more
than 3,000,000 inhabitants an amount not to exceed $5 for each
alias summons or citation issued by the clerk.
(e) Jury services. The clerk shall collect, in addition to
other fees allowed by law, a sum not to exceed $212.50, as a
fee for the services of a jury in every civil action not
quasi-criminal in its nature and not a proceeding for the
exercise of the right of eminent domain and in every other
action wherein the right of trial by jury is or may be given by
law. The jury fee shall be paid by the party demanding a jury
at the time of filing the jury demand. If the fee is not paid
by either party, no jury shall be called in the action or
proceeding, and the action or proceeding shall be tried by the
court without a jury.
(f) Change of venue. In connection with a change of venue:

(1) The clerk of the jurisdiction from which the case
is transferred may charge a fee, not to exceed $40, for the
preparation and certification of the record; and
(2) The clerk of the jurisdiction to which the case is
transferred may charge the same filing fee as if it were
the commencement of a new suit.
(g) Petition to vacate or modify.
(1) In a proceeding involving a petition to vacate or
modify any final judgment or order filed within 30 days
after the judgment or order was entered, except for an
eviction case, small claims case, petition to reopen an
estate, petition to modify, terminate, or enforce a
judgment or order for child or spousal support, or
petition to modify, suspend, or terminate an order for
withholding, the fee shall not exceed $60 in a county with
a population of 3,000,000 or more and shall not exceed $50
in any other county, except as applied to units of local
government and school districts in counties with more than
3,000,000 inhabitants an amount not to exceed $50.
(2) In a proceeding involving a petition to vacate or
modify any final judgment or order filed more than 30 days
after the judgment or order was entered, except for a
petition to modify, terminate, or enforce a judgment or
order for child or spousal support, or petition to modify,
suspend, or terminate an order for withholding, the fee
shall not exceed $75.

(3) In a proceeding involving a motion to vacate or
amend a final order, motion to vacate an ex parte
judgment, judgment of forfeiture, or "failure to appear"
or "failure to comply" notices sent to the Secretary of
State, the fee shall equal $40.
(h) Appeals preparation. The fee for preparation of a
record on appeal shall be based on the number of pages, as
follows:
(1) if the record contains no more than 100 pages, the
fee shall not exceed $70 in a county with a population of
3,000,000 or more and shall not exceed $50 in any other
county;
(2) if the record contains between 100 and 200 pages,
the fee shall not exceed $100; and
(3) if the record contains 200 or more pages, the
clerk may collect an additional fee not to exceed 25 cents
per page.
(i) Remands. In any cases remanded to the circuit court
from the Supreme Court or the appellate court for a new trial,
the clerk shall reinstate the case with either its original
number or a new number. The clerk shall not charge any new or
additional fee for the reinstatement. Upon reinstatement, the
clerk shall advise the parties of the reinstatement. Parties
shall have the same right to a jury trial on remand and
reinstatement that they had before the appeal, and no
additional or new fee or charge shall be made for a jury trial

after remand.
(j) Garnishment, wage deduction, and citation. In
garnishment affidavit, wage deduction affidavit, and citation
petition proceedings:
(1) if the amount in controversy in the proceeding is
not more than $1,000, the fee may not exceed $35 in a
county with a population of 3,000,000 or more and may not
exceed $15 in any other county, except as applied to units
of local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$15;
(2) if the amount in controversy in the proceeding is
greater than $1,000 and not more than $5,000, the fee may
not exceed $45 in a county with a population of 3,000,000
or more and may not exceed $30 in any other county, except
as applied to units of local government and school
districts in counties with more than 3,000,000 inhabitants
an amount not to exceed $30; and
(3) if the amount in controversy in the proceeding is
greater than $5,000, the fee may not exceed $65 in a county
with a population of 3,000,000 or more and may not exceed
$50 in any other county, except as applied to units of
local government and school districts in counties with
more than 3,000,000 inhabitants an amount not to exceed
$50.
(j-5) Debt collection. In any proceeding to collect a debt

subject to the exception in item (ii) of subparagraph (A-5) of
paragraph (1) of subsection (z) of this Section, the circuit
court shall order and the clerk shall collect from each
judgment debtor a fee of:
(1) $35 if the amount in controversy in the proceeding
is not more than $1,000;
(2) $45 if the amount in controversy in the proceeding
is greater than $1,000 and not more than $5,000; and
(3) $65 if the amount in controversy in the proceeding
is greater than $5,000.
(k) Collections.
(1) For all collections made of others, except the
State and county and except in maintenance or child
support cases, the clerk may collect a fee of up to 2.5% of
the amount collected and turned over.
(2) In child support and maintenance cases, the clerk
may collect an annual fee of up to $36 from the person
making payment for maintaining child support records and
the processing of support orders to the State of Illinois
KIDS system and the recording of payments issued by the
State Disbursement Unit for the official record of the
Court. This fee is in addition to and separate from
amounts ordered to be paid as maintenance or child support
and shall be deposited into a Separate Maintenance and
Child Support Collection Fund, of which the clerk shall be
the custodian, ex officio, to be used by the clerk to

maintain child support orders and record all payments
issued by the State Disbursement Unit for the official
record of the Court. The clerk may recover from the person
making the maintenance or child support payment any
additional cost incurred in the collection of this annual
fee.
(3) The clerk may collect a fee of $5 for
certifications made to the Secretary of State as provided
in Section 7-703 of the Illinois Vehicle Code, and this
fee shall be deposited into the Separate Maintenance and
Child Support Collection Fund.
(4) In proceedings to foreclose the lien of delinquent
real estate taxes, State's Attorneys shall receive a fee
of 10% of the total amount realized from the sale of real
estate sold in the proceedings. The clerk shall collect
the fee from the total amount realized from the sale of the
real estate sold in the proceedings and remit to the
County Treasurer to be credited to the earnings of the
Office of the State's Attorney.
(l) Mailing. The fee for the clerk mailing documents shall
not exceed $10 plus the cost of postage.
(m) Certified copies. The fee for each certified copy of a
judgment, after the first copy, shall not exceed $10.
(n) Certification, authentication, and reproduction.
(1) The fee for each certification or authentication
for taking the acknowledgment of a deed or other

instrument in writing with the seal of office shall not
exceed $6.
(2) The fee for reproduction of any document contained
in the clerk's files shall not exceed:
(A) $2 for the first page;
(B) 50 cents per page for the next 19 pages; and
(C) 25 cents per page for all additional pages.
(o) Record search. For each record search, within a
division or municipal district, the clerk may collect a search
fee not to exceed $6 for each year searched.
(p) Hard copy. For each page of hard copy print output,
when case records are maintained on an automated medium, the
clerk may collect a fee not to exceed $10 in a county with a
population of 3,000,000 or more and not to exceed $6 in any
other county, except as applied to units of local government
and school districts in counties with more than 3,000,000
inhabitants an amount not to exceed $6.
(q) Index inquiry and other records. No fee shall be
charged for a single plaintiff and defendant index inquiry or
single case record inquiry when this request is made in person
and the records are maintained in a current automated medium,
and when no hard copy print output is requested. The fees to be
charged for management records, multiple case records, and
multiple journal records may be specified by the Chief Judge
pursuant to the guidelines for access and dissemination of
information approved by the Supreme Court.

(r) Performing a marriage. There shall be a $10 fee for
performing a marriage in court.
(s) Voluntary assignment. For filing each deed of
voluntary assignment, the clerk shall collect a fee not to
exceed $20. For recording a deed of voluntary assignment, the
clerk shall collect a fee not to exceed 50 cents for each 100
words. Exceptions filed to claims presented to an assignee of
a debtor who has made a voluntary assignment for the benefit of
creditors shall be considered and treated, for the purpose of
taxing costs therein, as actions in which the party or parties
filing the exceptions shall be considered as party or parties
plaintiff, and the claimant or claimants as party or parties
defendant, and those parties respectively shall pay to the
clerk the same fees as provided by this Section to be paid in
other actions.
(t) Expungement petition. The clerk may collect a fee not
to exceed $60 for each expungement petition filed and an
additional fee not to exceed $4 for each certified copy of an
order to expunge arrest records.
(u) Transcripts of judgment. For the filing of a
transcript of judgment, the clerk may collect the same fee as
if it were the commencement of a new suit.
(v) Probate filings.
(1) For each account (other than one final account)
filed in the estate of a decedent, or ward, the fee shall
not exceed $25.

(2) For filing a claim in an estate when the amount
claimed is greater than $150 and not more than $500, the
fee shall not exceed $40 in a county with a population of
3,000,000 or more and shall not exceed $25 in any other
county; when the amount claimed is greater than $500 and
not more than $10,000, the fee shall not exceed $55 in a
county with a population of 3,000,000 or more and shall
not exceed $40 in any other county; and when the amount
claimed is more than $10,000, the fee shall not exceed $75
in a county with a population of 3,000,000 or more and
shall not exceed $60 in any other county; except the court
in allowing a claim may add to the amount allowed the
filing fee paid by the claimant.
(3) For filing in an estate a claim, petition, or
supplemental proceeding based upon an action seeking
equitable relief including the construction or contest of
a will, enforcement of a contract to make a will, and
proceedings involving testamentary trusts or the
appointment of testamentary trustees, the fee shall not
exceed $60.
(4) There shall be no fee for filing in an estate: (i)
the appearance of any person for the purpose of consent;
or (ii) the appearance of an executor, administrator,
administrator to collect, guardian, guardian ad litem, or
special administrator.
(5) For each jury demand, the fee shall not exceed

$137.50.
(6) For each certified copy of letters of office, of
court order, or other certification, the fee shall not
exceed $2 per page.
(7) For each exemplification, the fee shall not exceed
$2, plus the fee for certification.
(8) The executor, administrator, guardian, petitioner,
or other interested person or his or her attorney shall
pay the cost of publication by the clerk directly to the
newspaper.
(9) The person on whose behalf a charge is incurred
for witness, court reporter, appraiser, or other
miscellaneous fees shall pay the same directly to the
person entitled thereto.
(10) The executor, administrator, guardian,
petitioner, or other interested person or his or her
attorney shall pay to the clerk all postage charges
incurred by the clerk in mailing petitions, orders,
notices, or other documents pursuant to the provisions of
the Probate Act of 1975.
(w) Corrections of numbers. For correction of the case
number, case title, or attorney computer identification
number, if required by rule of court, on any document filed in
the clerk's office, to be charged against the party that filed
the document, the fee shall not exceed $25.
(x) Miscellaneous.

(1) Interest earned on any fees collected by the clerk
shall be turned over to the county general fund as an
earning of the office.
(2) For any check, draft, or other bank instrument
returned to the clerk for non-sufficient funds, account
closed, or payment stopped, the clerk shall collect a fee
of $25.
(y) Other fees. Any fees not covered in this Section shall
be set by rule or administrative order of the circuit court
with the approval of the Administrative Office of the Illinois
Courts. The clerk of the circuit court may provide services in
connection with the operation of the clerk's office, other
than those services mentioned in this Section, as may be
requested by the public and agreed to by the clerk and approved
by the Chief Judge. Any charges for additional services shall
be as agreed to between the clerk and the party making the
request and approved by the Chief Judge. Nothing in this
subsection shall be construed to require any clerk to provide
any service not otherwise required by law.
(y-5) Unpaid fees. Unless a court ordered payment schedule
is implemented or the fee requirements of this Section are
waived under a court order, the clerk of the circuit court may
add to any unpaid fees and costs under this Section a
delinquency amount equal to 5% of the unpaid fees that remain
unpaid after 30 days, 10% of the unpaid fees that remain unpaid
after 60 days, and 15% of the unpaid fees that remain unpaid

after 90 days. Notice to those parties may be made by signage
posting or publication. The additional delinquency amounts
collected under this Section shall be deposited into the
Circuit Court Clerk Operations and Administration Fund and
used to defray additional administrative costs incurred by the
clerk of the circuit court in collecting unpaid fees and
costs.
(z) Exceptions.
(1) No fee authorized by this Section shall apply to:
(A) police departments or other law enforcement
agencies. In this Section, "law enforcement agency"
means: an agency of the State or agency of a unit of
local government which is vested by law or ordinance
with the duty to maintain public order and to enforce
criminal laws or ordinances; the Attorney General; or
any State's Attorney;
(A-5) any unit of local government or school
district, except in counties having a population of
500,000 or more the county board may by resolution set
fees for units of local government or school districts
no greater than the minimum fees applicable in
counties with a population less than 3,000,000;
provided however, no fee may be charged to any unit of
local government or school district in connection with
any action which, in whole or in part, is: (i) to
enforce an ordinance; (ii) to collect a debt; or (iii)

under the Administrative Review Law;
(B) any action instituted by the corporate
authority of a municipality with more than 1,000,000
inhabitants under Section 11-31-1 of the Illinois
Municipal Code and any action instituted under
subsection (b) of Section 11-31-1 of the Illinois
Municipal Code by a private owner or tenant of real
property within 1,200 feet of a dangerous or unsafe
building seeking an order compelling the owner or
owners of the building to take any of the actions
authorized under that subsection;
(C) any commitment petition or petition for an
order authorizing the administration of psychotropic
medication or electroconvulsive therapy under the
Mental Health and Developmental Disabilities Code;
(D) a petitioner in any order of protection
proceeding, including, but not limited to, fees for
filing, modifying, withdrawing, certifying, or
photocopying petitions for orders of protection,
issuing alias summons, any related filing service, or
certifying, modifying, vacating, or photocopying any
orders of protection; or
(E) proceedings for the appointment of a
confidential intermediary under the Adoption Act.
(2) No fee other than the filing fee contained in the
applicable schedule in subsection (a) shall be charged to

any person in connection with an adoption proceeding.
(3) Upon good cause shown, the court may waive any
fees associated with a special needs adoption. The term
"special needs adoption" has the meaning provided by the
Illinois Department of Children and Family Services.
(aa) This Section is repealed on January 1, 2024.
(Source: P.A. 101-645, eff. 6-26-20; 102-145, eff. 7-23-21;
102-278, eff. 8-6-21; 102-558, eff. 8-20-21; revised
10-13-21.)
Section 590. The Criminal and Traffic Assessment Act is
amended by changing Section 15-70 as follows:
(705 ILCS 135/15-70)
(Section scheduled to be repealed on January 1, 2024)
Sec. 15-70. Conditional assessments. In addition to
payments under one of the Schedule of Assessments 1 through 13
of this Act, the court shall also order payment of any of the
following conditional assessment amounts for each sentenced
violation in the case to which a conditional assessment is
applicable, which shall be collected and remitted by the Clerk
of the Circuit Court as provided in this Section:
(1) arson, residential arson, or aggravated arson,
$500 per conviction to the State Treasurer for deposit
into the Fire Prevention Fund;
(2) child pornography under Section 11-20.1 of the

Criminal Code of 1961 or the Criminal Code of 2012, $500
per conviction, unless more than one agency is responsible
for the arrest in which case the amount shall be remitted
to each unit of government equally:
(A) if the arresting agency is an agency of a unit
of local government, $500 to the treasurer of the unit
of local government for deposit into the unit of local
government's General Fund, except that if the Illinois
State Police provides digital or electronic forensic
examination assistance, or both, to the arresting
agency then $100 to the State Treasurer for deposit
into the State Crime Laboratory Fund; or
(B) if the arresting agency is the Illinois State
Police, $500 to the State Treasurer for deposit into
the State Crime Laboratory Fund;
(3) crime laboratory drug analysis for a drug-related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, $100 reimbursement for
laboratory analysis, as set forth in subsection (f) of
Section 5-9-1.4 of the Unified Code of Corrections;
(4) DNA analysis, $250 on each conviction in which it
was used to the State Treasurer for deposit into the State
Crime Laboratory Fund as set forth in Section 5-9-1.4 of

the Unified Code of Corrections;
(5) DUI analysis, $150 on each sentenced violation in
which it was used as set forth in subsection (f) of Section
5-9-1.9 of the Unified Code of Corrections;
(6) drug-related offense involving possession or
delivery of cannabis or possession or delivery of a
controlled substance, other than methamphetamine, as
defined in the Cannabis Control Act or the Illinois
Controlled Substances Act, an amount not less than the
full street value of the cannabis or controlled substance
seized for each conviction to be disbursed as follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a
state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall

equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;
(6.5) Kane County or Will County, in felony,
misdemeanor, local or county ordinance, traffic, or
conservation cases, up to $30 as set by the county board
under Section 5-1101.3 of the Counties Code upon the entry
of a judgment of conviction, an order of supervision, or a
sentence of probation without entry of judgment under
Section 10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, or Section 10 of the Steroid Control Act;
except in local or county ordinance, traffic, and
conservation cases, if fines are paid in full without a
court appearance, then the assessment shall not be imposed
or collected. Distribution of assessments collected under
this paragraph (6.5) shall be as provided in Section
5-1101.3 of the Counties Code;
(7) methamphetamine-related offense involving
possession or delivery of methamphetamine or any salt of
an optical isomer of methamphetamine or possession of a
methamphetamine manufacturing material as set forth in

Section 10 of the Methamphetamine Control and Community
Protection Act with the intent to manufacture a substance
containing methamphetamine or salt of an optical isomer of
methamphetamine, an amount not less than the full street
value of the methamphetamine or salt of an optical isomer
of methamphetamine or methamphetamine manufacturing
materials seized for each conviction to be disbursed as
follows:
(A) 12.5% of the street value assessment shall be
paid into the Youth Drug Abuse Prevention Fund, to be
used by the Department of Human Services for the
funding of programs and services for drug-abuse
treatment, and prevention and education services;
(B) 37.5% to the county in which the charge was
prosecuted, to be deposited into the county General
Fund;
(C) 50% to the treasurer of the arresting law
enforcement agency of the municipality or county, or
to the State Treasurer if the arresting agency was a
state agency, to be deposited as provided in
subsection (c) of Section 10-5;
(D) if the arrest was made in combination with
multiple law enforcement agencies, the clerk shall
equitably allocate the portion in subparagraph (C) of
this paragraph (6) among the law enforcement agencies
involved in the arrest;

(8) order of protection violation under Section 12-3.4
of the Criminal Code of 2012, $200 for each conviction to
the county treasurer for deposit into the Probation and
Court Services Fund for implementation of a domestic
violence surveillance program and any other assessments or
fees imposed under Section 5-9-1.16 of the Unified Code of
Corrections;
(9) order of protection violation, $25 for each
violation to the State Treasurer, for deposit into the
Domestic Violence Abuser Services Fund;
(10) prosecution by the State's Attorney of a:
(A) petty or business offense, $4 to the county
treasurer of which $2 deposited into the State's
Attorney Records Automation Fund and $2 into the
Public Defender Records Automation Fund;
(B) conservation or traffic offense, $2 to the
county treasurer for deposit into the State's Attorney
Records Automation Fund;
(11) speeding in a construction zone violation, $250
to the State Treasurer for deposit into the Transportation
Safety Highway Hire-back Fund, unless (i) the violation
occurred on a highway other than an interstate highway and
(ii) a county police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's Transportation Safety Highway
Hire-back Fund;

(12) supervision disposition on an offense under the
Illinois Vehicle Code or similar provision of a local
ordinance, 50 cents, unless waived by the court, into the
Prisoner Review Board Vehicle and Equipment Fund;
(13) victim and offender are family or household
members as defined in Section 103 of the Illinois Domestic
Violence Act of 1986 and offender pleads guilty or no
contest to or is convicted of murder, voluntary
manslaughter, involuntary manslaughter, burglary,
residential burglary, criminal trespass to residence,
criminal trespass to vehicle, criminal trespass to land,
criminal damage to property, telephone harassment,
kidnapping, aggravated kidnaping, unlawful restraint,
forcible detention, child abduction, indecent solicitation
of a child, sexual relations between siblings,
exploitation of a child, child pornography, assault,
aggravated assault, battery, aggravated battery, heinous
battery, aggravated battery of a child, domestic battery,
reckless conduct, intimidation, criminal sexual assault,
predatory criminal sexual assault of a child, aggravated
criminal sexual assault, criminal sexual abuse, aggravated
criminal sexual abuse, violation of an order of
protection, disorderly conduct, endangering the life or
health of a child, child abandonment, contributing to
dependency or neglect of child, or cruelty to children and
others, $200 for each sentenced violation to the State

Treasurer for deposit as follows: (i) for sexual assault,
as defined in Section 5-9-1.7 of the Unified Code of
Corrections, when the offender and victim are family
members, one-half to the Domestic Violence Shelter and
Service Fund, and one-half to the Sexual Assault Services
Fund; (ii) for the remaining offenses to the Domestic
Violence Shelter and Service Fund;
(14) violation of Section 11-501 of the Illinois
Vehicle Code, Section 5-7 of the Snowmobile Registration
and Safety Act, Section 5-16 of the Boat Registration and
Safety Act, or a similar provision, whose operation of a
motor vehicle, snowmobile, or watercraft while in
violation of Section 11-501, Section 5-7 of the Snowmobile
Registration and Safety Act, Section 5-16 of the Boat
Registration and Safety Act, or a similar provision
proximately caused an incident resulting in an appropriate
emergency response, $1,000 maximum to the public agency
that provided an emergency response related to the
person's violation, or as provided in subsection (c) of
Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(15) violation of Section 401, 407, or 407.2 of the
Illinois Controlled Substances Act that proximately caused
any incident resulting in an appropriate drug-related

emergency response, $1,000 as reimbursement for the
emergency response to the law enforcement agency that made
the arrest, or as provided in subsection (c) of Section
10-5 if the arresting agency was a State agency, unless
more than one agency was responsible for the arrest, in
which case the amount shall be remitted to each unit of
government equally;
(16) violation of reckless driving, aggravated
reckless driving, or driving 26 miles per hour or more in
excess of the speed limit that triggered an emergency
response, $1,000 maximum reimbursement for the emergency
response to be distributed in its entirety to a public
agency that provided an emergency response related to the
person's violation, or as provided in subsection (c) of
Section 10-5 if the arresting agency was a State agency,
unless more than one agency was responsible for the
arrest, in which case the amount shall be remitted to each
unit of government equally;
(17) violation based upon each plea of guilty,
stipulation of facts, or finding of guilt resulting in a
judgment of conviction or order of supervision for an
offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
the Criminal Code of 2012 that results in the imposition
of a fine, to be distributed as follows:
(A) $50 to the county treasurer for deposit into
the Circuit Court Clerk Operation and Administrative

Fund to cover the costs in administering this
paragraph (17);
(B) $300 to the State Treasurer who shall deposit
the portion as follows:
(i) if the arresting or investigating agency
is the Illinois State Police, into the State
Police Law Enforcement Administration Fund;
(ii) if the arresting or investigating agency
is the Department of Natural Resources, into the
Conservation Police Operations Assistance Fund;
(iii) if the arresting or investigating agency
is the Secretary of State, into the Secretary of
State Police Services Fund;
(iv) if the arresting or investigating agency
is the Illinois Commerce Commission, into the
Transportation Regulatory Fund; or
(v) if more than one of the State agencies in
this subparagraph (B) is the arresting or
investigating agency, then equal shares with the
shares deposited as provided in the applicable
items (i) through (iv) of this subparagraph (B);
and
(C) the remainder for deposit into the Specialized
Services for Survivors of Human Trafficking Fund;
(18) weapons violation under Section 24-1.1, 24-1.2,
or 24-1.5 of the Criminal Code of 1961 or the Criminal Code

of 2012, $100 for each conviction to the State Treasurer
for deposit into the Trauma Center Fund; and
(19) violation of subsection (c) of Section 11-907 of
the Illinois Vehicle Code, $250 to the State Treasurer for
deposit into the Scott's Law Fund, unless a county or
municipal police officer wrote the ticket for the
violation, in which case to the county treasurer for
deposit into that county's or municipality's
Transportation Safety Highway Hire-back Fund to be used as
provided in subsection (j) of Section 11-907 of the
Illinois Vehicle Code.
(Source: P.A. 101-173, eff. 1-1-20; 101-636, eff. 6-10-20;
102-145, eff. 7-23-21; 102-505, eff. 8-20-21; 102-538, eff.
8-20-21; revised 10-13-21.)
Section 595. The Juvenile Court Act of 1987 is amended by
setting forth and renumbering multiple versions of Section
1-4.2 and by changing Sections 1-7, 1-8, 2-10, 2-28, 5-501,
and 5-901 as follows:
(705 ILCS 405/1-4.2)
Sec. 1-4.2. Trauma-sensitive transport.
(a) The Department of Children and Family Services shall
ensure the provision of trauma-sensitive transport to minors
placed in its care in accordance with this Act.
Notwithstanding any other law to the contrary, no minor shall

be subjected to restraints, as defined in Section 4e of the
Children and Family Services Act, during the provision of any
transportation services provided or arranged by the Department
of Children and Family Services or its contractual assigns.
(b) The Department of Children and Family Services'
application to the court for approval of an individualized
trauma-sensitive transportation plan must include a copy of
the plan developed in accordance with Section 4e of the
Children and Family Services Act and the written approval of
the Department as required by paragraph (2) of subsection (e)
of Section 4e of the Children and Family Services Act.
(c) When considering whether to approve the individualized
trauma-sensitive transportation plan, the court shall consider
the minor's best interest and the following additional
factors: the reason for the transport, the type of placement
the minor is being transported from and to, the anticipated
length of travel, the clinical needs of the minor, including
any medical or emotional needs, any available less restrictive
alternatives, and any other factor the court deems relevant.
The court may require amendments to the minor's
trauma-sensitive individualized transportation plan based on
written findings of fact that the plan, as written, is not in
the minor's best interest.
(Source: P.A. 102-649, eff. 8-27-21.)
(705 ILCS 405/1-4.3)

Sec. 1-4.3 1-4.2. Special immigrant minor.
(a) The court hearing a case under this Act has
jurisdiction to make the findings necessary to enable a minor
who has been adjudicated a ward of the court to petition the
United States Citizenship and Immigration Services for
classification as a special immigrant juvenile under 8 U.S.C.
1101(a)(27)(J). A minor for whom the court finds under
subsection (b) shall remain under the jurisdiction of the
court until his or her special immigrant juvenile petition is
filed with the United States Citizenship and Immigration
Services, or its successor agency.
(b) If a motion requests findings regarding Special
Immigrant Juvenile Status under 8 U.S.C. 1101(a)(27)(J) and
the evidence, which may consist solely of, but is not limited
to, a declaration of the minor, supports the findings, the
court shall issue an order that includes the following
findings:
(1) the minor is:
(i) declared a dependent of the court; or
(ii) legally committed to, or placed under the
custody of, a State agency or department, or an
individual or entity appointed by the court;
(2) that reunification of the minor with one or both
of the minor's parents is not viable due to abuse,
neglect, abandonment, or other similar basis; and
(3) that it is not in the best interest of the minor to

be returned to the minor's or parent's previous country of
nationality or last habitual residence.
(c) For purposes of this Section:
"Abandonment" means, but is not limited to, the failure of
a parent or legal guardian to maintain a reasonable degree of
interest, concern, or responsibility for the welfare of his or
her minor child or ward. "Abandonment" includes the definition
of "dependency" provided in Section 2-4.
"Abuse" has the meaning provided in Section 2-3.
"Neglect" has the meaning provided in Section 2-3.
(Source: P.A. 102-259, eff. 8-6-21; revised 11-18-21.)
(705 ILCS 405/1-7)
(Text of Section before amendment by P.A. 101-652)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available.
Juvenile law enforcement records may be obtained only under
this Section and Section 1-8 and Part 9 of Article V of this
Act, when their use is needed for good cause and with an order
from the juvenile court, as required by those not authorized
to retain them. Inspection, copying, and disclosure of
juvenile law enforcement records maintained by law enforcement
agencies or records of municipal ordinance violations

maintained by any State, local, or municipal agency that
relate to a minor who has been investigated, arrested, or
taken into custody before his or her 18th birthday shall be
restricted to the following:
(0.05) The minor who is the subject of the juvenile
law enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous
offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection
with a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of

law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
amount of bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative

adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.
(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local

law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:
(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record

of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety
interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community-based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the

appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law
enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information

obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and
copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Illinois State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly

transmit to the Department of Corrections, the Illinois State
Police, or the Federal Bureau of Investigation any fingerprint
or photograph relating to a minor who has been arrested or
taken into custody before his or her 18th birthday, unless the
court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Illinois State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).

(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18
years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile
court case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or

civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by
public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and

present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.
(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any
federal government, state, county or municipality examining
the character and fitness of an applicant for employment with
a law enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall
prohibit the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.

(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.
(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 1-7. Confidentiality of juvenile law enforcement and
municipal ordinance violation records.
(A) All juvenile law enforcement records which have not
been expunged are confidential and may never be disclosed to
the general public or otherwise made widely available.
Juvenile law enforcement records may be obtained only under
this Section and Section 1-8 and Part 9 of Article V of this
Act, when their use is needed for good cause and with an order
from the juvenile court, as required by those not authorized
to retain them. Inspection, copying, and disclosure of
juvenile law enforcement records maintained by law enforcement
agencies or records of municipal ordinance violations
maintained by any State, local, or municipal agency that
relate to a minor who has been investigated, arrested, or
taken into custody before his or her 18th birthday shall be
restricted to the following:

(0.05) The minor who is the subject of the juvenile
law enforcement record, his or her parents, guardian, and
counsel.
(0.10) Judges of the circuit court and members of the
staff of the court designated by the judge.
(0.15) An administrative adjudication hearing officer
or members of the staff designated to assist in the
administrative adjudication process.
(1) Any local, State, or federal law enforcement
officers or designated law enforcement staff of any
jurisdiction or agency when necessary for the discharge of
their official duties during the investigation or
prosecution of a crime or relating to a minor who has been
adjudicated delinquent and there has been a previous
finding that the act which constitutes the previous
offense was committed in furtherance of criminal
activities by a criminal street gang, or, when necessary
for the discharge of its official duties in connection
with a particular investigation of the conduct of a law
enforcement officer, an independent agency or its staff
created by ordinance and charged by a unit of local
government with the duty of investigating the conduct of
law enforcement officers. For purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.

(2) Prosecutors, public defenders, probation officers,
social workers, or other individuals assigned by the court
to conduct a pre-adjudication or pre-disposition
investigation, and individuals responsible for supervising
or providing temporary or permanent care and custody for
minors under the order of the juvenile court, when
essential to performing their responsibilities.
(3) Federal, State, or local prosecutors, public
defenders, probation officers, and designated staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when institution of criminal proceedings has
been permitted or required under Section 5-805 and the
minor is the subject of a proceeding to determine the
conditions of pretrial release;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and the minor is the
subject of a pre-trial investigation, pre-sentence
investigation, fitness hearing, or proceedings on an
application for probation; or
(d) in the course of prosecution or administrative
adjudication of a violation of a traffic, boating, or
fish and game law, or a county or municipal ordinance.
(4) Adult and Juvenile Prisoner Review Board.
(5) Authorized military personnel.

(5.5) Employees of the federal government authorized
by law.
(6) Persons engaged in bona fide research, with the
permission of the Presiding Judge and the chief executive
of the respective law enforcement agency; provided that
publication of such research results in no disclosure of a
minor's identity and protects the confidentiality of the
minor's record.
(7) Department of Children and Family Services child
protection investigators acting in their official
capacity.
(8) The appropriate school official only if the agency
or officer believes that there is an imminent threat of
physical harm to students, school personnel, or others who
are present in the school or on school grounds.
(A) Inspection and copying shall be limited to
juvenile law enforcement records transmitted to the
appropriate school official or officials whom the
school has determined to have a legitimate educational
or safety interest by a local law enforcement agency
under a reciprocal reporting system established and
maintained between the school district and the local
law enforcement agency under Section 10-20.14 of the
School Code concerning a minor enrolled in a school
within the school district who has been arrested or
taken into custody for any of the following offenses:

(i) any violation of Article 24 of the
Criminal Code of 1961 or the Criminal Code of
2012;
(ii) a violation of the Illinois Controlled
Substances Act;
(iii) a violation of the Cannabis Control Act;
(iv) a forcible felony as defined in Section
2-8 of the Criminal Code of 1961 or the Criminal
Code of 2012;
(v) a violation of the Methamphetamine Control
and Community Protection Act;
(vi) a violation of Section 1-2 of the
Harassing and Obscene Communications Act;
(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
Criminal Code of 1961 or the Criminal Code of
2012.
The information derived from the juvenile law
enforcement records shall be kept separate from and
shall not become a part of the official school record
of that child and shall not be a public record. The
information shall be used solely by the appropriate
school official or officials whom the school has
determined to have a legitimate educational or safety

interest to aid in the proper rehabilitation of the
child and to protect the safety of students and
employees in the school. If the designated law
enforcement and school officials deem it to be in the
best interest of the minor, the student may be
referred to in-school or community-based social
services if those services are available.
"Rehabilitation services" may include interventions by
school support personnel, evaluation for eligibility
for special education, referrals to community-based
agencies such as youth services, behavioral healthcare
service providers, drug and alcohol prevention or
treatment programs, and other interventions as deemed
appropriate for the student.
(B) Any information provided to appropriate school
officials whom the school has determined to have a
legitimate educational or safety interest by local law
enforcement officials about a minor who is the subject
of a current police investigation that is directly
related to school safety shall consist of oral
information only, and not written juvenile law
enforcement records, and shall be used solely by the
appropriate school official or officials to protect
the safety of students and employees in the school and
aid in the proper rehabilitation of the child. The
information derived orally from the local law

enforcement officials shall be kept separate from and
shall not become a part of the official school record
of the child and shall not be a public record. This
limitation on the use of information about a minor who
is the subject of a current police investigation shall
in no way limit the use of this information by
prosecutors in pursuing criminal charges arising out
of the information disclosed during a police
investigation of the minor. For purposes of this
paragraph, "investigation" means an official
systematic inquiry by a law enforcement agency into
actual or suspected criminal activity.
(9) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile law enforcement
records or the respondent to a petition brought under the
Sexually Violent Persons Commitment Act who is the subject
of the juvenile law enforcement records sought. Any
juvenile law enforcement records and any information
obtained from those juvenile law enforcement records under
this paragraph (9) may be used only in sexually violent
persons commitment proceedings.
(10) The president of a park district. Inspection and

copying shall be limited to juvenile law enforcement
records transmitted to the president of the park district
by the Illinois State Police under Section 8-23 of the
Park District Code or Section 16a-5 of the Chicago Park
District Act concerning a person who is seeking employment
with that park district and who has been adjudicated a
juvenile delinquent for any of the offenses listed in
subsection (c) of Section 8-23 of the Park District Code
or subsection (c) of Section 16a-5 of the Chicago Park
District Act.
(11) Persons managing and designated to participate in
a court diversion program as designated in subsection (6)
of Section 5-105.
(12) The Public Access Counselor of the Office of the
Attorney General, when reviewing juvenile law enforcement
records under its powers and duties under the Freedom of
Information Act.
(13) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(B)(1) Except as provided in paragraph (2), no law
enforcement officer or other person or agency may knowingly
transmit to the Department of Corrections, the Illinois State
Police, or the Federal Bureau of Investigation any fingerprint
or photograph relating to a minor who has been arrested or
taken into custody before his or her 18th birthday, unless the

court in proceedings under this Act authorizes the
transmission or enters an order under Section 5-805 permitting
or requiring the institution of criminal proceedings.
(2) Law enforcement officers or other persons or agencies
shall transmit to the Illinois State Police copies of
fingerprints and descriptions of all minors who have been
arrested or taken into custody before their 18th birthday for
the offense of unlawful use of weapons under Article 24 of the
Criminal Code of 1961 or the Criminal Code of 2012, a Class X
or Class 1 felony, a forcible felony as defined in Section 2-8
of the Criminal Code of 1961 or the Criminal Code of 2012, or a
Class 2 or greater felony under the Cannabis Control Act, the
Illinois Controlled Substances Act, the Methamphetamine
Control and Community Protection Act, or Chapter 4 of the
Illinois Vehicle Code, pursuant to Section 5 of the Criminal
Identification Act. Information reported to the Department
pursuant to this Section may be maintained with records that
the Department files pursuant to Section 2.1 of the Criminal
Identification Act. Nothing in this Act prohibits a law
enforcement agency from fingerprinting a minor taken into
custody or arrested before his or her 18th birthday for an
offense other than those listed in this paragraph (2).
(C) The records of law enforcement officers, or of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, concerning all minors under 18

years of age must be maintained separate from the records of
arrests and may not be open to public inspection or their
contents disclosed to the public. For purposes of obtaining
documents under this Section, a civil subpoena is not an order
of the court.
(1) In cases where the law enforcement, or independent
agency, records concern a pending juvenile court case, the
party seeking to inspect the records shall provide actual
notice to the attorney or guardian ad litem of the minor
whose records are sought.
(2) In cases where the records concern a juvenile
court case that is no longer pending, the party seeking to
inspect the records shall provide actual notice to the
minor or the minor's parent or legal guardian, and the
matter shall be referred to the chief judge presiding over
matters pursuant to this Act.
(3) In determining whether the records should be
available for inspection, the court shall consider the
minor's interest in confidentiality and rehabilitation
over the moving party's interest in obtaining the
information. Any records obtained in violation of this
subsection (C) shall not be admissible in any criminal or
civil proceeding, or operate to disqualify a minor from
subsequently holding public office or securing employment,
or operate as a forfeiture of any public benefit, right,
privilege, or right to receive any license granted by

public authority.
(D) Nothing contained in subsection (C) of this Section
shall prohibit the inspection or disclosure to victims and
witnesses of photographs contained in the records of law
enforcement agencies when the inspection and disclosure is
conducted in the presence of a law enforcement officer for the
purpose of the identification or apprehension of any person
subject to the provisions of this Act or for the investigation
or prosecution of any crime.
(E) Law enforcement officers, and personnel of an
independent agency created by ordinance and charged by a unit
of local government with the duty of investigating the conduct
of law enforcement officers, may not disclose the identity of
any minor in releasing information to the general public as to
the arrest, investigation or disposition of any case involving
a minor.
(F) Nothing contained in this Section shall prohibit law
enforcement agencies from communicating with each other by
letter, memorandum, teletype, or intelligence alert bulletin
or other means the identity or other relevant information
pertaining to a person under 18 years of age if there are
reasonable grounds to believe that the person poses a real and
present danger to the safety of the public or law enforcement
officers. The information provided under this subsection (F)
shall remain confidential and shall not be publicly disclosed,
except as otherwise allowed by law.

(G) Nothing in this Section shall prohibit the right of a
Civil Service Commission or appointing authority of any
federal government, state, county or municipality examining
the character and fitness of an applicant for employment with
a law enforcement agency, correctional institution, or fire
department from obtaining and examining the records of any law
enforcement agency relating to any record of the applicant
having been arrested or taken into custody before the
applicant's 18th birthday.
(G-5) Information identifying victims and alleged victims
of sex offenses shall not be disclosed or open to the public
under any circumstances. Nothing in this Section shall
prohibit the victim or alleged victim of any sex offense from
voluntarily disclosing his or her own identity.
(H) The changes made to this Section by Public Act 98-61
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(H-5) Nothing in this Section shall require any court or
adjudicative proceeding for traffic, boating, fish and game
law, or municipal and county ordinance violations to be closed
to the public.
(I) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (I) shall not apply to the person who is the
subject of the record.

(J) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
revised 10-13-21.)
(705 ILCS 405/1-8)
(Text of Section before amendment by P.A. 101-652)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public
authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use
is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records

relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his or her
parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or
collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, public

defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the amount of
bail;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including
a hearing to determine the amount of bail, a pre-trial
investigation, a pre-sentence investigation, a fitness

hearing, or proceedings on an application for
probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as
required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.

(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent
persons commitment proceedings.
(12) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding
Judge of the Juvenile Court, to the Department of Healthcare
and Family Services when necessary to discharge the duties of
the Department of Healthcare and Family Services under Article
X of the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.

(C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.
(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor,
and the minor's parents, guardian, and counsel shall at all
times have the right to examine court files and records.
(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding,
or operate to disqualify a minor from subsequently holding
public office, or operate as a forfeiture of any public
benefit, right, privilege, or right to receive any license
granted by public authority.
(D) Pending or following any adjudication of delinquency

for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the
federal government, or any state, county, or municipality
examining the character and fitness of an applicant for
employment with a law enforcement agency, correctional
institution, or fire department to ascertain whether that
applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence which
were made in proceedings under this Act.
(F) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school.

Access to the dispositional order shall be limited to the
principal or chief administrative officer of the school and
any school counselor designated by him or her.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that court
shall request, and the court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
juvenile court record, including all documents, petitions, and
orders filed and the minute orders, transcript of proceedings,
and docket entries of the court.
(I) The Clerk of the Circuit Court shall report to the
Illinois State Police, in the form and manner required by the
Illinois State Police, the final disposition of each minor who
has been arrested or taken into custody before his or her 18th
birthday for those offenses required to be reported under
Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be
maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.

(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
revised 10-12-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 1-8. Confidentiality and accessibility of juvenile
court records.
(A) A juvenile adjudication shall never be considered a
conviction nor shall an adjudicated individual be considered a
criminal. Unless expressly allowed by law, a juvenile
adjudication shall not operate to impose upon the individual
any of the civil disabilities ordinarily imposed by or
resulting from conviction. Unless expressly allowed by law,
adjudications shall not prejudice or disqualify the individual
in any civil service application or appointment, from holding
public office, or from receiving any license granted by public

authority. All juvenile court records which have not been
expunged are sealed and may never be disclosed to the general
public or otherwise made widely available. Sealed juvenile
court records may be obtained only under this Section and
Section 1-7 and Part 9 of Article V of this Act, when their use
is needed for good cause and with an order from the juvenile
court. Inspection and copying of juvenile court records
relating to a minor who is the subject of a proceeding under
this Act shall be restricted to the following:
(1) The minor who is the subject of record, his or her
parents, guardian, and counsel.
(2) Law enforcement officers and law enforcement
agencies when such information is essential to executing
an arrest or search warrant or other compulsory process,
or to conducting an ongoing investigation or relating to a
minor who has been adjudicated delinquent and there has
been a previous finding that the act which constitutes the
previous offense was committed in furtherance of criminal
activities by a criminal street gang.
Before July 1, 1994, for the purposes of this Section,
"criminal street gang" means any ongoing organization,
association, or group of 3 or more persons, whether formal
or informal, having as one of its primary activities the
commission of one or more criminal acts and that has a
common name or common identifying sign, symbol or specific
color apparel displayed, and whose members individually or

collectively engage in or have engaged in a pattern of
criminal activity.
Beginning July 1, 1994, for purposes of this Section,
"criminal street gang" has the meaning ascribed to it in
Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.
(3) Judges, hearing officers, prosecutors, public
defenders, probation officers, social workers, or other
individuals assigned by the court to conduct a
pre-adjudication or pre-disposition investigation, and
individuals responsible for supervising or providing
temporary or permanent care and custody for minors under
the order of the juvenile court when essential to
performing their responsibilities.
(4) Judges, federal, State, and local prosecutors,
public defenders, probation officers, and designated
staff:
(a) in the course of a trial when institution of
criminal proceedings has been permitted or required
under Section 5-805;
(b) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the
subject of a proceeding to determine the conditions of
pretrial release;
(c) when criminal proceedings have been permitted
or required under Section 5-805 and a minor is the

subject of a pre-trial investigation, pre-sentence
investigation or fitness hearing, or proceedings on an
application for probation; or
(d) when a minor becomes 18 years of age or older,
and is the subject of criminal proceedings, including
a hearing to determine the conditions of pretrial
release, a pre-trial investigation, a pre-sentence
investigation, a fitness hearing, or proceedings on an
application for probation.
(5) Adult and Juvenile Prisoner Review Boards.
(6) Authorized military personnel.
(6.5) Employees of the federal government authorized
by law.
(7) Victims, their subrogees and legal
representatives; however, such persons shall have access
only to the name and address of the minor and information
pertaining to the disposition or alternative adjustment
plan of the juvenile court.
(8) Persons engaged in bona fide research, with the
permission of the presiding judge of the juvenile court
and the chief executive of the agency that prepared the
particular records; provided that publication of such
research results in no disclosure of a minor's identity
and protects the confidentiality of the record.
(9) The Secretary of State to whom the Clerk of the
Court shall report the disposition of all cases, as

required in Section 6-204 of the Illinois Vehicle Code.
However, information reported relative to these offenses
shall be privileged and available only to the Secretary of
State, courts, and police officers.
(10) The administrator of a bonafide substance abuse
student assistance program with the permission of the
presiding judge of the juvenile court.
(11) Mental health professionals on behalf of the
Department of Corrections or the Department of Human
Services or prosecutors who are evaluating, prosecuting,
or investigating a potential or actual petition brought
under the Sexually Violent Persons Commitment Act relating
to a person who is the subject of juvenile court records or
the respondent to a petition brought under the Sexually
Violent Persons Commitment Act, who is the subject of
juvenile court records sought. Any records and any
information obtained from those records under this
paragraph (11) may be used only in sexually violent
persons commitment proceedings.
(12) Collection agencies, contracted or otherwise
engaged by a governmental entity, to collect any debts due
and owing to the governmental entity.
(A-1) Findings and exclusions of paternity entered in
proceedings occurring under Article II of this Act shall be
disclosed, in a manner and form approved by the Presiding
Judge of the Juvenile Court, to the Department of Healthcare

and Family Services when necessary to discharge the duties of
the Department of Healthcare and Family Services under Article
X of the Illinois Public Aid Code.
(B) A minor who is the victim in a juvenile proceeding
shall be provided the same confidentiality regarding
disclosure of identity as the minor who is the subject of
record.
(C)(0.1) In cases where the records concern a pending
juvenile court case, the requesting party seeking to inspect
the juvenile court records shall provide actual notice to the
attorney or guardian ad litem of the minor whose records are
sought.
(0.2) In cases where the juvenile court records concern a
juvenile court case that is no longer pending, the requesting
party seeking to inspect the juvenile court records shall
provide actual notice to the minor or the minor's parent or
legal guardian, and the matter shall be referred to the chief
judge presiding over matters pursuant to this Act.
(0.3) In determining whether juvenile court records should
be made available for inspection and whether inspection should
be limited to certain parts of the file, the court shall
consider the minor's interest in confidentiality and
rehabilitation over the requesting party's interest in
obtaining the information. The State's Attorney, the minor,
and the minor's parents, guardian, and counsel shall at all
times have the right to examine court files and records.

(0.4) Any records obtained in violation of this Section
shall not be admissible in any criminal or civil proceeding,
or operate to disqualify a minor from subsequently holding
public office, or operate as a forfeiture of any public
benefit, right, privilege, or right to receive any license
granted by public authority.
(D) Pending or following any adjudication of delinquency
for any offense defined in Sections 11-1.20 through 11-1.60 or
12-13 through 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the victim of any such offense shall
receive the rights set out in Sections 4 and 6 of the Bill of
Rights for Victims and Witnesses of Violent Crime Act; and the
juvenile who is the subject of the adjudication,
notwithstanding any other provision of this Act, shall be
treated as an adult for the purpose of affording such rights to
the victim.
(E) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority of the
federal government, or any state, county, or municipality
examining the character and fitness of an applicant for
employment with a law enforcement agency, correctional
institution, or fire department to ascertain whether that
applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records of disposition or evidence which
were made in proceedings under this Act.
(F) Following any adjudication of delinquency for a crime

which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the dispositional order to the
principal or chief administrative officer of the school.
Access to the dispositional order shall be limited to the
principal or chief administrative officer of the school and
any school counselor designated by him or her.
(G) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(H) When a court hearing a proceeding under Article II of
this Act becomes aware that an earlier proceeding under
Article II had been heard in a different county, that court
shall request, and the court in which the earlier proceedings
were initiated shall transmit, an authenticated copy of the
juvenile court record, including all documents, petitions, and
orders filed and the minute orders, transcript of proceedings,
and docket entries of the court.
(I) The Clerk of the Circuit Court shall report to the
Illinois State Police, in the form and manner required by the

Illinois State Police, the final disposition of each minor who
has been arrested or taken into custody before his or her 18th
birthday for those offenses required to be reported under
Section 5 of the Criminal Identification Act. Information
reported to the Department under this Section may be
maintained with records that the Department files under
Section 2.1 of the Criminal Identification Act.
(J) The changes made to this Section by Public Act 98-61
apply to juvenile law enforcement records of a minor who has
been arrested or taken into custody on or after January 1, 2014
(the effective date of Public Act 98-61).
(K) Willful violation of this Section is a Class C
misdemeanor and each violation is subject to a fine of $1,000.
This subsection (K) shall not apply to the person who is the
subject of the record.
(L) A person convicted of violating this Section is liable
for damages in the amount of $1,000 or actual damages,
whichever is greater.
(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
102-538, eff. 8-20-21; revised 10-12-21.)
(705 ILCS 405/2-10) (from Ch. 37, par. 802-10)
Sec. 2-10. Temporary custody hearing. At the appearance of
the minor before the court at the temporary custody hearing,
all witnesses present shall be examined before the court in
relation to any matter connected with the allegations made in

the petition.
(1) If the court finds that there is not probable cause to
believe that the minor is abused, neglected or dependent it
shall release the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is abused, neglected or dependent, the
court shall state in writing the factual basis supporting its
finding and the minor, his or her parent, guardian, custodian
and other persons able to give relevant testimony shall be
examined before the court. The Department of Children and
Family Services shall give testimony concerning indicated
reports of abuse and neglect, of which they are aware through
the central registry, involving the minor's parent, guardian
or custodian. After such testimony, the court may, consistent
with the health, safety and best interests of the minor, enter
an order that the minor shall be released upon the request of
parent, guardian or custodian if the parent, guardian or
custodian appears to take custody. If it is determined that a
parent's, guardian's, or custodian's compliance with critical
services mitigates the necessity for removal of the minor from
his or her home, the court may enter an Order of Protection
setting forth reasonable conditions of behavior that a parent,
guardian, or custodian must observe for a specified period of
time, not to exceed 12 months, without a violation; provided,
however, that the 12-month period shall begin anew after any
violation. "Custodian" includes the Department of Children and

Family Services, if it has been given custody of the child, or
any other agency of the State which has been given custody or
wardship of the child. If it is consistent with the health,
safety and best interests of the minor, the court may also
prescribe shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; however, on and
after January 1, 2015 (the effective date of Public Act
98-803) and before January 1, 2017, a minor charged with a
criminal offense under the Criminal Code of 1961 or the
Criminal Code of 2012 or adjudicated delinquent shall not be
placed in the custody of or committed to the Department of
Children and Family Services by any court, except a minor less
than 16 years of age and committed to the Department of
Children and Family Services under Section 5-710 of this Act
or a minor for whom an independent basis of abuse, neglect, or
dependency exists; and on and after January 1, 2017, a minor
charged with a criminal offense under the Criminal Code of
1961 or the Criminal Code of 2012 or adjudicated delinquent
shall not be placed in the custody of or committed to the
Department of Children and Family Services by any court,
except a minor less than 15 years of age and committed to the
Department of Children and Family Services under Section 5-710
of this Act or a minor for whom an independent basis of abuse,
neglect, or dependency exists. An independent basis exists

when the allegations or adjudication of abuse, neglect, or
dependency do not arise from the same facts, incident, or
circumstances which give rise to a charge or adjudication of
delinquency.
In placing the minor, the Department or other agency
shall, to the extent compatible with the court's order, comply
with Section 7 of the Children and Family Services Act. In
determining the health, safety and best interests of the minor
to prescribe shelter care, the court must find that it is a
matter of immediate and urgent necessity for the safety and
protection of the minor or of the person or property of another
that the minor be placed in a shelter care facility or that he
or she is likely to flee the jurisdiction of the court, and
must further find that reasonable efforts have been made or
that, consistent with the health, safety and best interests of
the minor, no efforts reasonably can be made to prevent or
eliminate the necessity of removal of the minor from his or her
home. The court shall require documentation from the
Department of Children and Family Services as to the
reasonable efforts that were made to prevent or eliminate the
necessity of removal of the minor from his or her home or the
reasons why no efforts reasonably could be made to prevent or
eliminate the necessity of removal. When a minor is placed in
the home of a relative, the Department of Children and Family
Services shall complete a preliminary background review of the
members of the minor's custodian's household in accordance

with Section 4.3 of the Child Care Act of 1969 within 90 days
of that placement. If the minor is ordered placed in a shelter
care facility of the Department of Children and Family
Services or a licensed child welfare agency, the court shall,
upon request of the appropriate Department or other agency,
appoint the Department of Children and Family Services
Guardianship Administrator or other appropriate agency
executive temporary custodian of the minor and the court may
enter such other orders related to the temporary custody as it
deems fit and proper, including the provision of services to
the minor or his family to ameliorate the causes contributing
to the finding of probable cause or to the finding of the
existence of immediate and urgent necessity.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, the Department of Children and Family
Services shall file with the court and serve on the parties a
parent-child visiting plan, within 10 days, excluding weekends
and holidays, after the appointment. The parent-child visiting
plan shall set out the time and place of visits, the frequency
of visits, the length of visits, who shall be present at the
visits, and where appropriate, the minor's opportunities to
have telephone and mail communication with the parents.
Where the Department of Children and Family Services
Guardianship Administrator is appointed as the executive
temporary custodian, and when the child has siblings in care,

the Department of Children and Family Services shall file with
the court and serve on the parties a sibling placement and
contact plan within 10 days, excluding weekends and holidays,
after the appointment. The sibling placement and contact plan
shall set forth whether the siblings are placed together, and
if they are not placed together, what, if any, efforts are
being made to place them together. If the Department has
determined that it is not in a child's best interest to be
placed with a sibling, the Department shall document in the
sibling placement and contact plan the basis for its
determination. For siblings placed separately, the sibling
placement and contact plan shall set the time and place for
visits, the frequency of the visits, the length of visits, who
shall be present for the visits, and where appropriate, the
child's opportunities to have contact with their siblings in
addition to in person contact. If the Department determines it
is not in the best interest of a sibling to have contact with a
sibling, the Department shall document in the sibling
placement and contact plan the basis for its determination.
The sibling placement and contact plan shall specify a date
for development of the Sibling Contact Support Plan, under
subsection (f) of Section 7.4 of the Children and Family
Services Act, and shall remain in effect until the Sibling
Contact Support Plan is developed.
For good cause, the court may waive the requirement to
file the parent-child visiting plan or the sibling placement

and contact plan, or extend the time for filing either plan.
Any party may, by motion, request the court to review the
parent-child visiting plan to determine whether it is
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal. A party may, by motion,
request the court to review the parent-child visiting plan or
the sibling placement and contact plan to determine whether it
is consistent with the minor's best interest. The court may
refer the parties to mediation where available. The frequency,
duration, and locations of visitation shall be measured by the
needs of the child and family, and not by the convenience of
Department personnel. Child development principles shall be
considered by the court in its analysis of how frequent
visitation should be, how long it should last, where it should
take place, and who should be present. If upon motion of the
party to review either plan and after receiving evidence, the
court determines that the parent-child visiting plan is not
reasonably calculated to expeditiously facilitate the
achievement of the permanency goal or that the restrictions
placed on parent-child contact or sibling placement or contact
are contrary to the child's best interests, the court shall
put in writing the factual basis supporting the determination
and enter specific findings based on the evidence. The court
shall enter an order for the Department to implement changes
to the parent-child visiting plan or sibling placement or
contact plan, consistent with the court's findings. At any

stage of proceeding, any party may by motion request the court
to enter any orders necessary to implement the parent-child
visiting plan, sibling placement or contact plan or
subsequently developed Sibling Contact Support Plan. Nothing
under this subsection (2) shall restrict the court from
granting discretionary authority to the Department to increase
opportunities for additional parent-child contacts or sibling
contacts, without further court orders. Nothing in this
subsection (2) shall restrict the Department from immediately
restricting or terminating parent-child contact or sibling
contacts, without either amending the parent-child visiting
plan or the sibling contact plan or obtaining a court order,
where the Department or its assigns reasonably believe there
is an immediate need to protect the child's health, safety,
and welfare. Such restrictions or terminations must be based
on available facts to the Department and its assigns when
viewed in light of the surrounding circumstances and shall
only occur on an individual case-by-case basis. The Department
shall file with the court and serve on the parties any
amendments to the plan within 10 days, excluding weekends and
holidays, of the change of the visitation.
Acceptance of services shall not be considered an
admission of any allegation in a petition made pursuant to
this Act, nor may a referral of services be considered as
evidence in any proceeding pursuant to this Act, except where
the issue is whether the Department has made reasonable

efforts to reunite the family. In making its findings that it
is consistent with the health, safety and best interests of
the minor to prescribe shelter care, the court shall state in
writing (i) the factual basis supporting its findings
concerning the immediate and urgent necessity for the
protection of the minor or of the person or property of another
and (ii) the factual basis supporting its findings that
reasonable efforts were made to prevent or eliminate the
removal of the minor from his or her home or that no efforts
reasonably could be made to prevent or eliminate the removal
of the minor from his or her home. The parents, guardian,
custodian, temporary custodian and minor shall each be
furnished a copy of such written findings. The temporary
custodian shall maintain a copy of the court order and written
findings in the case record for the child. The order together
with the court's findings of fact in support thereof shall be
entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian or guardian until the
court finds that such placement is no longer necessary for the
protection of the minor.
If the child is placed in the temporary custody of the
Department of Children and Family Services for his or her
protection, the court shall admonish the parents, guardian,

custodian or responsible relative that the parents must
cooperate with the Department of Children and Family Services,
comply with the terms of the service plans, and correct the
conditions which require the child to be in care, or risk
termination of their parental rights. The court shall ensure,
by inquiring in open court of each parent, guardian, custodian
or responsible relative, that the parent, guardian, custodian
or responsible relative has had the opportunity to provide the
Department with all known names, addresses, and telephone
numbers of each of the minor's living maternal and paternal
adult relatives, including, but not limited to, grandparents,
aunts, uncles, and siblings. The court shall advise the
parents, guardian, custodian or responsible relative to inform
the Department if additional information regarding the minor's
adult relatives becomes available.
(3) If prior to the shelter care hearing for a minor
described in Sections 2-3, 2-4, 3-3 and 4-3 the moving party is
unable to serve notice on the party respondent, the shelter
care hearing may proceed ex parte. A shelter care order from an
ex parte hearing shall be endorsed with the date and hour of
issuance and shall be filed with the clerk's office and
entered of record. The order shall expire after 10 days from
the time it is issued unless before its expiration it is
renewed, at a hearing upon appearance of the party respondent,
or upon an affidavit of the moving party as to all diligent
efforts to notify the party respondent by notice as herein

prescribed. The notice prescribed shall be in writing and
shall be personally delivered to the minor or the minor's
attorney and to the last known address of the other person or
persons entitled to notice. The notice shall also state the
nature of the allegations, the nature of the order sought by
the State, including whether temporary custody is sought, and
the consequences of failure to appear and shall contain a
notice that the parties will not be entitled to further
written notices or publication notices of proceedings in this
case, including the filing of an amended petition or a motion
to terminate parental rights, except as required by Supreme
Court Rule 11; and shall explain the right of the parties and
the procedures to vacate or modify a shelter care order as
provided in this Section. The notice for a shelter care
hearing shall be substantially as follows:
NOTICE TO PARENTS AND CHILDREN
OF SHELTER CARE HEARING
On ................ at ........., before the Honorable
................, (address:) ................., the State
of Illinois will present evidence (1) that (name of child
or children) ....................... are abused, neglected
or dependent for the following reasons:
.............................................. and (2)
whether there is "immediate and urgent necessity" to
remove the child or children from the responsible
relative.

YOUR FAILURE TO APPEAR AT THE HEARING MAY RESULT IN
PLACEMENT of the child or children in foster care until a
trial can be held. A trial may not be held for up to 90
days. You will not be entitled to further notices of
proceedings in this case, including the filing of an
amended petition or a motion to terminate parental rights.
At the shelter care hearing, parents have the
following rights:
1. To ask the court to appoint a lawyer if they
cannot afford one.
2. To ask the court to continue the hearing to
allow them time to prepare.
3. To present evidence concerning:
a. Whether or not the child or children were
abused, neglected or dependent.
b. Whether or not there is "immediate and
urgent necessity" to remove the child from home
(including: their ability to care for the child,
conditions in the home, alternative means of
protecting the child other than removal).
c. The best interests of the child.
4. To cross examine the State's witnesses.
The Notice for rehearings shall be substantially as
follows:
NOTICE OF PARENT'S AND CHILDREN'S RIGHTS

TO REHEARING ON TEMPORARY CUSTODY
If you were not present at and did not have adequate
notice of the Shelter Care Hearing at which temporary
custody of ............... was awarded to
................, you have the right to request a full
rehearing on whether the State should have temporary
custody of ................. To request this rehearing,
you must file with the Clerk of the Juvenile Court
(address): ........................, in person or by
mailing a statement (affidavit) setting forth the
following:
1. That you were not present at the shelter care
hearing.
2. That you did not get adequate notice
(explaining how the notice was inadequate).
3. Your signature.
4. Signature must be notarized.
The rehearing should be scheduled within 48 hours of
your filing this affidavit.
At the rehearing, your rights are the same as at the
initial shelter care hearing. The enclosed notice explains
those rights.
At the Shelter Care Hearing, children have the
following rights:
1. To have a guardian ad litem appointed.
2. To be declared competent as a witness and to

present testimony concerning:
a. Whether they are abused, neglected or
dependent.
b. Whether there is "immediate and urgent
necessity" to be removed from home.
c. Their best interests.
3. To cross examine witnesses for other parties.
4. To obtain an explanation of any proceedings and
orders of the court.
(4) If the parent, guardian, legal custodian, responsible
relative, minor age 8 or over, or counsel of the minor did not
have actual notice of or was not present at the shelter care
hearing, he or she may file an affidavit setting forth these
facts, and the clerk shall set the matter for rehearing not
later than 48 hours, excluding Sundays and legal holidays,
after the filing of the affidavit. At the rehearing, the court
shall proceed in the same manner as upon the original hearing.
(5) Only when there is reasonable cause to believe that
the minor taken into custody is a person described in
subsection (3) of Section 5-105 may the minor be kept or
detained in a detention home or county or municipal jail. This
Section shall in no way be construed to limit subsection (6).
(6) No minor under 16 years of age may be confined in a
jail or place ordinarily used for the confinement of prisoners
in a police station. Minors under 18 years of age must be kept
separate from confined adults and may not at any time be kept

in the same cell, room, or yard with adults confined pursuant
to the criminal law.
(7) If the minor is not brought before a judicial officer
within the time period as specified in Section 2-9, the minor
must immediately be released from custody.
(8) If neither the parent, guardian or custodian appears
within 24 hours to take custody of a minor released upon
request pursuant to subsection (2) of this Section, then the
clerk of the court shall set the matter for rehearing not later
than 7 days after the original order and shall issue a summons
directed to the parent, guardian or custodian to appear. At
the same time the probation department shall prepare a report
on the minor. If a parent, guardian or custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Children and Family Services
or a licensed child welfare agency.
(9) Notwithstanding any other provision of this Section
any interested party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, on notice to all parties entitled to notice,
may file a motion that it is in the best interests of the minor
to modify or vacate a temporary custody order on any of the
following grounds:

(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in shelter care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed and
the child can be cared for at home without endangering the
child's health or safety; or
(c) A person not a party to the alleged abuse, neglect
or dependency, including a parent, relative or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody and the child can be cared for
at home without endangering the child's health or safety.
In ruling on the motion, the court shall determine whether
it is consistent with the health, safety and best interests of
the minor to modify or vacate a temporary custody order. If the
minor is being restored to the custody of a parent, legal
custodian, or guardian who lives outside of Illinois, and an
Interstate Compact has been requested and refused, the court
may order the Department of Children and Family Services to
arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of
protective supervision entered in accordance with Section 2-20

or 2-25.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary custody order but does not
vacate its finding of probable cause, the court may order that
appropriate services be continued or initiated in behalf of
the minor and his or her family.
(10) When the court finds or has found that there is
probable cause to believe a minor is an abused minor as
described in subsection (2) of Section 2-3 and that there is an
immediate and urgent necessity for the abused minor to be
placed in shelter care, immediate and urgent necessity shall
be presumed for any other minor residing in the same household
as the abused minor provided:
(a) Such other minor is the subject of an abuse or
neglect petition pending before the court; and
(b) A party to the petition is seeking shelter care
for such other minor.
Once the presumption of immediate and urgent necessity has
been raised, the burden of demonstrating the lack of immediate
and urgent necessity shall be on any party that is opposing
shelter care for the other minor.
(11) The changes made to this Section by Public Act 98-61
apply to a minor who has been arrested or taken into custody on
or after January 1, 2014 (the effective date of Public Act
98-61).

(12) After the court has placed a minor in the care of a
temporary custodian pursuant to this Section, any party may
file a motion requesting the court to grant the temporary
custodian the authority to serve as a surrogate decision maker
for the minor under the Health Care Surrogate Act for purposes
of making decisions pursuant to paragraph (1) of subsection
(b) of Section 20 of the Health Care Surrogate Act. The court
may grant the motion if it determines by clear and convincing
evidence that it is in the best interests of the minor to grant
the temporary custodian such authority. In making its
determination, the court shall weigh the following factors in
addition to considering the best interests factors listed in
subsection (4.05) of Section 1-3 of this Act:
(a) the efforts to identify and locate the respondents
and adult family members of the minor and the results of
those efforts;
(b) the efforts to engage the respondents and adult
family members of the minor in decision making on behalf
of the minor;
(c) the length of time the efforts in paragraphs (a)
and (b) have been ongoing;
(d) the relationship between the respondents and adult
family members and the minor;
(e) medical testimony regarding the extent to which
the minor is suffering and the impact of a delay in
decision-making on the minor; and

(f) any other factor the court deems relevant.
If the Department of Children and Family Services is the
temporary custodian of the minor, in addition to the
requirements of paragraph (1) of subsection (b) of Section 20
of the Health Care Surrogate Act, the Department shall follow
its rules and procedures in exercising authority granted under
this subsection.
(Source: P.A. 102-489, eff. 8-20-21; 102-502, eff. 1-1-22;
revised 10-14-21.)
(705 ILCS 405/2-28) (from Ch. 37, par. 802-28)
Sec. 2-28. Court review.
(1) The court may require any legal custodian or guardian
of the person appointed under this Act to report periodically
to the court or may cite him into court and require him or his
agency, to make a full and accurate report of his or its doings
in behalf of the minor. The custodian or guardian, within 10
days after such citation, or earlier if the court determines
it to be necessary to protect the health, safety, or welfare of
the minor, shall make the report, either in writing verified
by affidavit or orally under oath in open court, or otherwise
as the court directs. Upon the hearing of the report the court
may remove the custodian or guardian and appoint another in
his stead or restore the minor to the custody of his parents or
former guardian or custodian. However, custody of the minor
shall not be restored to any parent, guardian, or legal

custodian in any case in which the minor is found to be
neglected or abused under Section 2-3 or dependent under
Section 2-4 of this Act, unless the minor can be cared for at
home without endangering the minor's health or safety and it
is in the best interests of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the fitness of such parent, guardian, or legal custodian to
care for the minor and the court enters an order that such
parent, guardian, or legal custodian is fit to care for the
minor.
(1.5) The public agency that is the custodian or guardian
of the minor shall file a written report with the court no
later than 15 days after a minor in the agency's care remains:
(1) in a shelter placement beyond 30 days;
(2) in a psychiatric hospital past the time when the
minor is clinically ready for discharge or beyond medical
necessity for the minor's health; or
(3) in a detention center or Department of Juvenile
Justice facility solely because the public agency cannot
find an appropriate placement for the minor.
The report shall explain the steps the agency is taking to
ensure the minor is placed appropriately, how the minor's

needs are being met in the minor's shelter placement, and if a
future placement has been identified by the Department, why
the anticipated placement is appropriate for the needs of the
minor and the anticipated placement date.
(1.6) Within 35 days after placing a child in its care in a
qualified residential treatment program, as defined by the
federal Social Security Act, the Department of Children and
Family Services shall file a written report with the court and
send copies of the report to all parties. Within 20 days of the
filing of the report, the court shall hold a hearing to
consider the Department's report and determine whether
placement of the child in a qualified residential treatment
program provides the most effective and appropriate level of
care for the child in the least restrictive environment and if
the placement is consistent with the short-term and long-term
goals for the child, as specified in the permanency plan for
the child. The court shall approve or disapprove the
placement. If applicable, the requirements of Sections 2-27.1
and 2-27.2 must also be met. The Department's written report
and the court's written determination shall be included in and
made part of the case plan for the child. If the child remains
placed in a qualified residential treatment program, the
Department shall submit evidence at each status and permanency
hearing:
(1) demonstrating that on-going assessment of the
strengths and needs of the child continues to support the

determination that the child's needs cannot be met through
placement in a foster family home, that the placement
provides the most effective and appropriate level of care
for the child in the least restrictive, appropriate
environment, and that the placement is consistent with the
short-term and long-term permanency goal for the child, as
specified in the permanency plan for the child;
(2) documenting the specific treatment or service
needs that should be met for the child in the placement and
the length of time the child is expected to need the
treatment or services; and
(3) the efforts made by the agency to prepare the
child to return home or to be placed with a fit and willing
relative, a legal guardian, or an adoptive parent, or in a
foster family home.
(2) The first permanency hearing shall be conducted by the
judge. Subsequent permanency hearings may be heard by a judge
or by hearing officers appointed or approved by the court in
the manner set forth in Section 2-28.1 of this Act. The initial
hearing shall be held (a) within 12 months from the date
temporary custody was taken, regardless of whether an
adjudication or dispositional hearing has been completed
within that time frame, (b) if the parental rights of both
parents have been terminated in accordance with the procedure
described in subsection (5) of Section 2-21, within 30 days of
the order for termination of parental rights and appointment

of a guardian with power to consent to adoption, or (c) in
accordance with subsection (2) of Section 2-13.1. Subsequent
permanency hearings shall be held every 6 months or more
frequently if necessary in the court's determination following
the initial permanency hearing, in accordance with the
standards set forth in this Section, until the court
determines that the plan and goal have been achieved. Once the
plan and goal have been achieved, if the minor remains in
substitute care, the case shall be reviewed at least every 6
months thereafter, subject to the provisions of this Section,
unless the minor is placed in the guardianship of a suitable
relative or other person and the court determines that further
monitoring by the court does not further the health, safety or
best interest of the child and that this is a stable permanent
placement. The permanency hearings must occur within the time
frames set forth in this subsection and may not be delayed in
anticipation of a report from any source or due to the agency's
failure to timely file its written report (this written report
means the one required under the next paragraph and does not
mean the service plan also referred to in that paragraph).
The public agency that is the custodian or guardian of the
minor, or another agency responsible for the minor's care,
shall ensure that all parties to the permanency hearings are
provided a copy of the most recent service plan prepared
within the prior 6 months at least 14 days in advance of the
hearing. If not contained in the agency's service plan, the

agency shall also include a report setting forth (i) any
special physical, psychological, educational, medical,
emotional, or other needs of the minor or his or her family
that are relevant to a permanency or placement determination
and (ii) for any minor age 16 or over, a written description of
the programs and services that will enable the minor to
prepare for independent living. If not contained in the
agency's service plan, the agency's report shall specify if a
minor is placed in a licensed child care facility under a
corrective plan by the Department due to concerns impacting
the minor's safety and well-being. The report shall explain
the steps the Department is taking to ensure the safety and
well-being of the minor and that the minor's needs are met in
the facility. The agency's written report must detail what
progress or lack of progress the parent has made in correcting
the conditions requiring the child to be in care; whether the
child can be returned home without jeopardizing the child's
health, safety, and welfare, and if not, what permanency goal
is recommended to be in the best interests of the child, and
why the other permanency goals are not appropriate. The
caseworker must appear and testify at the permanency hearing.
If a permanency hearing has not previously been scheduled by
the court, the moving party shall move for the setting of a
permanency hearing and the entry of an order within the time
frames set forth in this subsection.
At the permanency hearing, the court shall determine the

future status of the child. The court shall set one of the
following permanency goals:
(A) The minor will be returned home by a specific date
within 5 months.
(B) The minor will be in short-term care with a
continued goal to return home within a period not to
exceed one year, where the progress of the parent or
parents is substantial giving particular consideration to
the age and individual needs of the minor.
(B-1) The minor will be in short-term care with a
continued goal to return home pending a status hearing.
When the court finds that a parent has not made reasonable
efforts or reasonable progress to date, the court shall
identify what actions the parent and the Department must
take in order to justify a finding of reasonable efforts
or reasonable progress and shall set a status hearing to
be held not earlier than 9 months from the date of
adjudication nor later than 11 months from the date of
adjudication during which the parent's progress will again
be reviewed.
(C) The minor will be in substitute care pending court
determination on termination of parental rights.
(D) Adoption, provided that parental rights have been
terminated or relinquished.
(E) The guardianship of the minor will be transferred
to an individual or couple on a permanent basis provided

that goals (A) through (D) have been deemed inappropriate
and not in the child's best interests. The court shall
confirm that the Department has discussed adoption, if
appropriate, and guardianship with the caregiver prior to
changing a goal to guardianship.
(F) The minor over age 15 will be in substitute care
pending independence. In selecting this permanency goal,
the Department of Children and Family Services may provide
services to enable reunification and to strengthen the
minor's connections with family, fictive kin, and other
responsible adults, provided the services are in the
minor's best interest. The services shall be documented in
the service plan.
(G) The minor will be in substitute care because he or
she cannot be provided for in a home environment due to
developmental disabilities or mental illness or because he
or she is a danger to self or others, provided that goals
(A) through (D) have been deemed inappropriate and not in
the child's best interests.
In selecting any permanency goal, the court shall indicate
in writing the reasons the goal was selected and why the
preceding goals were deemed inappropriate and not in the
child's best interest. Where the court has selected a
permanency goal other than (A), (B), or (B-1), the Department
of Children and Family Services shall not provide further
reunification services, except as provided in paragraph (F) of

this subsection (2), but shall provide services consistent
with the goal selected.
(H) Notwithstanding any other provision in this
Section, the court may select the goal of continuing
foster care as a permanency goal if:
(1) The Department of Children and Family Services
has custody and guardianship of the minor;
(2) The court has deemed all other permanency
goals inappropriate based on the child's best
interest;
(3) The court has found compelling reasons, based
on written documentation reviewed by the court, to
place the minor in continuing foster care. Compelling
reasons include:
(a) the child does not wish to be adopted or to
be placed in the guardianship of his or her
relative or foster care placement;
(b) the child exhibits an extreme level of
need such that the removal of the child from his or
her placement would be detrimental to the child;
or
(c) the child who is the subject of the
permanency hearing has existing close and strong
bonds with a sibling, and achievement of another
permanency goal would substantially interfere with
the subject child's sibling relationship, taking

into consideration the nature and extent of the
relationship, and whether ongoing contact is in
the subject child's best interest, including
long-term emotional interest, as compared with the
legal and emotional benefit of permanence;
(4) The child has lived with the relative or
foster parent for at least one year; and
(5) The relative or foster parent currently caring
for the child is willing and capable of providing the
child with a stable and permanent environment.
The court shall set a permanency goal that is in the best
interest of the child. In determining that goal, the court
shall consult with the minor in an age-appropriate manner
regarding the proposed permanency or transition plan for the
minor. The court's determination shall include the following
factors:
(1) Age of the child.
(2) Options available for permanence, including both
out-of-state and in-state placement options.
(3) Current placement of the child and the intent of
the family regarding adoption.
(4) Emotional, physical, and mental status or
condition of the child.
(5) Types of services previously offered and whether
or not the services were successful and, if not
successful, the reasons the services failed.

(6) Availability of services currently needed and
whether the services exist.
(7) Status of siblings of the minor.
The court shall consider (i) the permanency goal contained
in the service plan, (ii) the appropriateness of the services
contained in the plan and whether those services have been
provided, (iii) whether reasonable efforts have been made by
all the parties to the service plan to achieve the goal, and
(iv) whether the plan and goal have been achieved. All
evidence relevant to determining these questions, including
oral and written reports, may be admitted and may be relied on
to the extent of their probative value.
The court shall make findings as to whether, in violation
of Section 8.2 of the Abused and Neglected Child Reporting
Act, any portion of the service plan compels a child or parent
to engage in any activity or refrain from any activity that is
not reasonably related to remedying a condition or conditions
that gave rise or which could give rise to any finding of child
abuse or neglect. The services contained in the service plan
shall include services reasonably related to remedy the
conditions that gave rise to removal of the child from the home
of his or her parents, guardian, or legal custodian or that the
court has found must be remedied prior to returning the child
home. Any tasks the court requires of the parents, guardian,
or legal custodian or child prior to returning the child home,
must be reasonably related to remedying a condition or

conditions that gave rise to or which could give rise to any
finding of child abuse or neglect.
If the permanency goal is to return home, the court shall
make findings that identify any problems that are causing
continued placement of the children away from the home and
identify what outcomes would be considered a resolution to
these problems. The court shall explain to the parents that
these findings are based on the information that the court has
at that time and may be revised, should additional evidence be
presented to the court.
The court shall review the Sibling Contact Support Plan
developed or modified under subsection (f) of Section 7.4 of
the Children and Family Services Act, if applicable. If the
Department has not convened a meeting to develop or modify a
Sibling Contact Support Plan, or if the court finds that the
existing Plan is not in the child's best interest, the court
may enter an order requiring the Department to develop, modify
or implement a Sibling Contact Support Plan, or order
mediation.
If the goal has been achieved, the court shall enter
orders that are necessary to conform the minor's legal custody
and status to those findings.
If, after receiving evidence, the court determines that
the services contained in the plan are not reasonably
calculated to facilitate achievement of the permanency goal,
the court shall put in writing the factual basis supporting

the determination and enter specific findings based on the
evidence. The court also shall enter an order for the
Department to develop and implement a new service plan or to
implement changes to the current service plan consistent with
the court's findings. The new service plan shall be filed with
the court and served on all parties within 45 days of the date
of the order. The court shall continue the matter until the new
service plan is filed. Except as authorized by subsection
(2.5) of this Section and as otherwise specifically authorized
by law, the court is not empowered under this Section to order
specific placements, specific services, or specific service
providers to be included in the service plan.
A guardian or custodian appointed by the court pursuant to
this Act shall file updated case plans with the court every 6
months.
Rights of wards of the court under this Act are
enforceable against any public agency by complaints for relief
by mandamus filed in any proceedings brought under this Act.
(2.5) If, after reviewing the evidence, including evidence
from the Department, the court determines that the minor's
current or planned placement is not necessary or appropriate
to facilitate achievement of the permanency goal, the court
shall put in writing the factual basis supporting its
determination and enter specific findings based on the
evidence. If the court finds that the minor's current or
planned placement is not necessary or appropriate, the court

may enter an order directing the Department to implement a
recommendation by the minor's treating clinician or a
clinician contracted by the Department to evaluate the minor
or a recommendation made by the Department. If the Department
places a minor in a placement under an order entered under this
subsection (2.5), the Department has the authority to remove
the minor from that placement when a change in circumstances
necessitates the removal to protect the minor's health,
safety, and best interest. If the Department determines
removal is necessary, the Department shall notify the parties
of the planned placement change in writing no later than 10
days prior to the implementation of its determination unless
remaining in the placement poses an imminent risk of harm to
the minor, in which case the Department shall notify the
parties of the placement change in writing immediately
following the implementation of its decision. The Department
shall notify others of the decision to change the minor's
placement as required by Department rule.
(3) Following the permanency hearing, the court shall
enter a written order that includes the determinations
required under subsection (2) of this Section and sets forth
the following:
(a) The future status of the minor, including the
permanency goal, and any order necessary to conform the
minor's legal custody and status to such determination; or
(b) If the permanency goal of the minor cannot be

achieved immediately, the specific reasons for continuing
the minor in the care of the Department of Children and
Family Services or other agency for short term placement,
and the following determinations:
(i) (Blank).
(ii) Whether the services required by the court
and by any service plan prepared within the prior 6
months have been provided and (A) if so, whether the
services were reasonably calculated to facilitate the
achievement of the permanency goal or (B) if not
provided, why the services were not provided.
(iii) Whether the minor's current or planned
placement is necessary, and appropriate to the plan
and goal, recognizing the right of minors to the least
restrictive (most family-like) setting available and
in close proximity to the parents' home consistent
with the health, safety, best interest and special
needs of the minor and, if the minor is placed
out-of-state, whether the out-of-state placement
continues to be appropriate and consistent with the
health, safety, and best interest of the minor.
(iv) (Blank).
(v) (Blank).
(4) The minor or any person interested in the minor may
apply to the court for a change in custody of the minor and the
appointment of a new custodian or guardian of the person or for

the restoration of the minor to the custody of his parents or
former guardian or custodian.
When return home is not selected as the permanency goal:
(a) The Department, the minor, or the current foster
parent or relative caregiver seeking private guardianship
may file a motion for private guardianship of the minor.
Appointment of a guardian under this Section requires
approval of the court.
(b) The State's Attorney may file a motion to
terminate parental rights of any parent who has failed to
make reasonable efforts to correct the conditions which
led to the removal of the child or reasonable progress
toward the return of the child, as defined in subdivision
(D)(m) of Section 1 of the Adoption Act or for whom any
other unfitness ground for terminating parental rights as
defined in subdivision (D) of Section 1 of the Adoption
Act exists.
When parental rights have been terminated for a
minimum of 3 years and the child who is the subject of the
permanency hearing is 13 years old or older and is not
currently placed in a placement likely to achieve
permanency, the Department of Children and Family Services
shall make reasonable efforts to locate parents whose
rights have been terminated, except when the Court
determines that those efforts would be futile or
inconsistent with the subject child's best interests. The

Department of Children and Family Services shall assess
the appropriateness of the parent whose rights have been
terminated, and shall, as appropriate, foster and support
connections between the parent whose rights have been
terminated and the youth. The Department of Children and
Family Services shall document its determinations and
efforts to foster connections in the child's case plan.
Custody of the minor shall not be restored to any parent,
guardian, or legal custodian in any case in which the minor is
found to be neglected or abused under Section 2-3 or dependent
under Section 2-4 of this Act, unless the minor can be cared
for at home without endangering his or her health or safety and
it is in the best interest of the minor, and if such neglect,
abuse, or dependency is found by the court under paragraph (1)
of Section 2-21 of this Act to have come about due to the acts
or omissions or both of such parent, guardian, or legal
custodian, until such time as an investigation is made as
provided in paragraph (5) and a hearing is held on the issue of
the health, safety, and best interest of the minor and the
fitness of such parent, guardian, or legal custodian to care
for the minor and the court enters an order that such parent,
guardian, or legal custodian is fit to care for the minor. If a
motion is filed to modify or vacate a private guardianship
order and return the child to a parent, guardian, or legal
custodian, the court may order the Department of Children and
Family Services to assess the minor's current and proposed

living arrangements and to provide ongoing monitoring of the
health, safety, and best interest of the minor during the
pendency of the motion to assist the court in making that
determination. In the event that the minor has attained 18
years of age and the guardian or custodian petitions the court
for an order terminating his guardianship or custody,
guardianship or custody shall terminate automatically 30 days
after the receipt of the petition unless the court orders
otherwise. No legal custodian or guardian of the person may be
removed without his consent until given notice and an
opportunity to be heard by the court.
When the court orders a child restored to the custody of
the parent or parents, the court shall order the parent or
parents to cooperate with the Department of Children and
Family Services and comply with the terms of an after-care
plan, or risk the loss of custody of the child and possible
termination of their parental rights. The court may also enter
an order of protective supervision in accordance with Section
2-24.
If the minor is being restored to the custody of a parent,
legal custodian, or guardian who lives outside of Illinois,
and an Interstate Compact has been requested and refused, the
court may order the Department of Children and Family Services
to arrange for an assessment of the minor's proposed living
arrangement and for ongoing monitoring of the health, safety,
and best interest of the minor and compliance with any order of

protective supervision entered in accordance with Section
2-24.
(5) Whenever a parent, guardian, or legal custodian files
a motion for restoration of custody of the minor, and the minor
was adjudicated neglected, abused, or dependent as a result of
physical abuse, the court shall cause to be made an
investigation as to whether the movant has ever been charged
with or convicted of any criminal offense which would indicate
the likelihood of any further physical abuse to the minor.
Evidence of such criminal convictions shall be taken into
account in determining whether the minor can be cared for at
home without endangering his or her health or safety and
fitness of the parent, guardian, or legal custodian.
(a) Any agency of this State or any subdivision
thereof shall cooperate co-operate with the agent of the
court in providing any information sought in the
investigation.
(b) The information derived from the investigation and
any conclusions or recommendations derived from the
information shall be provided to the parent, guardian, or
legal custodian seeking restoration of custody prior to
the hearing on fitness and the movant shall have an
opportunity at the hearing to refute the information or
contest its significance.
(c) All information obtained from any investigation
shall be confidential as provided in Section 5-150 of this

Act.
(Source: P.A. 101-63, eff. 10-1-19; 102-193, eff. 7-30-21;
102-489, eff. 8-20-21; revised 10-14-21.)
(705 ILCS 405/5-501)
(Text of Section before amendment by P.A. 102-654)
Sec. 5-501. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or
shelter care hearing, the court shall receive all relevant
information and evidence, including affidavits concerning the
allegations made in the petition. Evidence used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information
offered by the State or minor. All evidence shall be
admissible if it is relevant and reliable regardless of
whether it would be admissible under the rules of evidence
applicable at a trial. No hearing may be held unless the minor
is represented by counsel and no hearing shall be held until
the minor has had adequate opportunity to consult with
counsel.
(1) If the court finds that there is not probable cause to
believe that the minor is a delinquent minor, it shall release
the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is a delinquent minor, the minor, his or
her parent, guardian, custodian and other persons able to give

relevant testimony may be examined before the court. The court
may also consider any evidence by way of proffer based upon
reliable information offered by the State or the minor. All
evidence, including affidavits, shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at trial.
After such evidence is presented, the court may enter an order
that the minor shall be released upon the request of a parent,
guardian or legal custodian if the parent, guardian or
custodian appears to take custody.
If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may prescribe
detention or shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; otherwise it
shall release the minor from custody. If the court prescribes
shelter care, then in placing the minor, the Department or
other agency shall, to the extent compatible with the court's
order, comply with Section 7 of the Children and Family
Services Act. In making the determination of the existence of
immediate and urgent necessity, the court shall consider among
other matters: (a) the nature and seriousness of the alleged

offense; (b) the minor's record of delinquency offenses,
including whether the minor has delinquency cases pending; (c)
the minor's record of willful failure to appear following the
issuance of a summons or warrant; (d) the availability of
non-custodial alternatives, including the presence of a
parent, guardian or other responsible relative able and
willing to provide supervision and care for the minor and to
assure his or her compliance with a summons. If the minor is
ordered placed in a shelter care facility of a licensed child
welfare agency, the court shall, upon request of the agency,
appoint the appropriate agency executive temporary custodian
of the minor and the court may enter such other orders related
to the temporary custody of the minor as it deems fit and
proper.
The order together with the court's findings of fact in
support of the order shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian or guardian until the
court finds that the placement is no longer necessary for the
protection of the minor.
(3) Only when there is reasonable cause to believe that
the minor taken into custody is a delinquent minor may the
minor be kept or detained in a facility authorized for
juvenile detention. This Section shall in no way be construed

to limit subsection (4).
(4) (a) Minors 12 years of age or older must be kept
separate from confined adults and may not at any time be kept
in the same cell, room or yard with confined adults. This
paragraph (4): (a) shall only apply to confinement pending an
adjudicatory hearing and shall not exceed 40 hours, excluding
Saturdays, Sundays, and court designated holidays. To accept
or hold minors during this time period, county jails shall
comply with all monitoring standards adopted by the Department
of Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or older,
after the time period prescribed in clause (a) of subsection
(4) of this Section but not exceeding 7 days including
Saturdays, Sundays, and holidays, pending an adjudicatory
hearing, county jails shall comply with all temporary
detention standards adopted by the Department of Corrections
and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(c) To accept or hold minors 12 years of age or older,
after the time period prescribed in clause (a) and (b), of this
subsection, county jails shall comply with all county juvenile
detention standards adopted by the Department of Juvenile
Justice.
(5) If the minor is not brought before a judicial officer
within the time period as specified in Section 5-415, the

minor must immediately be released from custody.
(6) If neither the parent, guardian, or legal custodian
appears within 24 hours to take custody of a minor released
from detention or shelter care, then the clerk of the court
shall set the matter for rehearing not later than 7 days after
the original order and shall issue a summons directed to the
parent, guardian, or legal custodian to appear. At the same
time the probation department shall prepare a report on the
minor. If a parent, guardian, or legal custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Human Services or a licensed
child welfare agency. The time during which a minor is in
custody after being released upon the request of a parent,
guardian, or legal custodian shall be considered as time spent
in detention for purposes of scheduling the trial.
(7) Any party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, may file a motion to modify or vacate a
temporary custody order or vacate a detention or shelter care
order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in detention or shelter
care; or

(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative, or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary order but does not vacate its
finding of probable cause, the court may order that
appropriate services be continued or initiated on in behalf of
the minor and his or her family.
(8) Whenever a petition has been filed under Section
5-520, the court can, at any time prior to trial or sentencing,
order that the minor be placed in detention or a shelter care
facility after the court conducts a hearing and finds that the
conduct and behavior of the minor may endanger the health,
person, welfare, or property of himself or others or that the
circumstances of his or her home environment may endanger his
or her health, person, welfare, or property.
(Source: P.A. 98-685, eff. 1-1-15.)
(Text of Section after amendment by P.A. 102-654)

Sec. 5-501. Detention or shelter care hearing. At the
appearance of the minor before the court at the detention or
shelter care hearing, the court shall receive all relevant
information and evidence, including affidavits concerning the
allegations made in the petition. Evidence used by the court
in its findings or stated in or offered in connection with this
Section may be by way of proffer based on reliable information
offered by the State or minor. All evidence shall be
admissible if it is relevant and reliable regardless of
whether it would be admissible under the rules of evidence
applicable at a trial. No hearing may be held unless the minor
is represented by counsel and no hearing shall be held until
the minor has had adequate opportunity to consult with
counsel.
(1) If the court finds that there is not probable cause to
believe that the minor is a delinquent minor, it shall release
the minor and dismiss the petition.
(2) If the court finds that there is probable cause to
believe that the minor is a delinquent minor, the minor, his or
her parent, guardian, custodian and other persons able to give
relevant testimony may be examined before the court. The court
may also consider any evidence by way of proffer based upon
reliable information offered by the State or the minor. All
evidence, including affidavits, shall be admissible if it is
relevant and reliable regardless of whether it would be
admissible under the rules of evidence applicable at trial.

After such evidence is presented, the court may enter an order
that the minor shall be released upon the request of a parent,
guardian or legal custodian if the parent, guardian or
custodian appears to take custody.
If the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor or of the
person or property of another that the minor be detained or
placed in a shelter care facility or that he or she is likely
to flee the jurisdiction of the court, the court may prescribe
detention or shelter care and order that the minor be kept in a
suitable place designated by the court or in a shelter care
facility designated by the Department of Children and Family
Services or a licensed child welfare agency; otherwise it
shall release the minor from custody. If the court prescribes
shelter care, then in placing the minor, the Department or
other agency shall, to the extent compatible with the court's
order, comply with Section 7 of the Children and Family
Services Act. In making the determination of the existence of
immediate and urgent necessity, the court shall consider among
other matters: (a) the nature and seriousness of the alleged
offense; (b) the minor's record of delinquency offenses,
including whether the minor has delinquency cases pending; (c)
the minor's record of willful failure to appear following the
issuance of a summons or warrant; (d) the availability of
non-custodial alternatives, including the presence of a
parent, guardian or other responsible relative able and

willing to provide supervision and care for the minor and to
assure his or her compliance with a summons. If the minor is
ordered placed in a shelter care facility of a licensed child
welfare agency, the court shall, upon request of the agency,
appoint the appropriate agency executive temporary custodian
of the minor and the court may enter such other orders related
to the temporary custody of the minor as it deems fit and
proper.
If the court Court prescribes detention, and the minor is
a youth in care of the Department of Children and Family
Services, a hearing shall be held every 14 days to determine
whether there is an urgent and immediate necessity to detain
the minor for the protection of the person or property of
another. If urgent and immediate necessity is not found on the
basis of the protection of the person or property of another,
the minor shall be released to the custody of the Department of
Children and Family Services. If the court Court prescribes
detention based on the minor being likely to flee the
jurisdiction, and the minor is a youth in care of the
Department of Children and Family Services, a hearing shall be
held every 7 days for status on the location of shelter care
placement by the Department of Children and Family Services.
Detention shall not be used as a shelter care placement for
minors in the custody or guardianship of the Department of
Children and Family Services.
The order together with the court's findings of fact in

support of the order shall be entered of record in the court.
Once the court finds that it is a matter of immediate and
urgent necessity for the protection of the minor that the
minor be placed in a shelter care facility, the minor shall not
be returned to the parent, custodian or guardian until the
court finds that the placement is no longer necessary for the
protection of the minor.
(3) Only when there is reasonable cause to believe that
the minor taken into custody is a delinquent minor may the
minor be kept or detained in a facility authorized for
juvenile detention. This Section shall in no way be construed
to limit subsection (4).
(4) (a) Minors 12 years of age or older must be kept
separate from confined adults and may not at any time be kept
in the same cell, room or yard with confined adults. This
paragraph (4): (a) shall only apply to confinement pending an
adjudicatory hearing and shall not exceed 40 hours, excluding
Saturdays, Sundays, and court designated holidays. To accept
or hold minors during this time period, county jails shall
comply with all monitoring standards adopted by the Department
of Corrections and training standards approved by the Illinois
Law Enforcement Training Standards Board.
(b) To accept or hold minors, 12 years of age or older,
after the time period prescribed in clause (a) of subsection
(4) of this Section but not exceeding 7 days including
Saturdays, Sundays, and holidays, pending an adjudicatory

hearing, county jails shall comply with all temporary
detention standards adopted by the Department of Corrections
and training standards approved by the Illinois Law
Enforcement Training Standards Board.
(c) To accept or hold minors 12 years of age or older,
after the time period prescribed in clause (a) and (b), of this
subsection, county jails shall comply with all county juvenile
detention standards adopted by the Department of Juvenile
Justice.
(5) If the minor is not brought before a judicial officer
within the time period as specified in Section 5-415, the
minor must immediately be released from custody.
(6) If neither the parent, guardian, or legal custodian
appears within 24 hours to take custody of a minor released
from detention or shelter care, then the clerk of the court
shall set the matter for rehearing not later than 7 days after
the original order and shall issue a summons directed to the
parent, guardian, or legal custodian to appear. At the same
time the probation department shall prepare a report on the
minor. If a parent, guardian, or legal custodian does not
appear at such rehearing, the judge may enter an order
prescribing that the minor be kept in a suitable place
designated by the Department of Human Services or a licensed
child welfare agency. The time during which a minor is in
custody after being released upon the request of a parent,
guardian, or legal custodian shall be considered as time spent

in detention for purposes of scheduling the trial.
(7) Any party, including the State, the temporary
custodian, an agency providing services to the minor or family
under a service plan pursuant to Section 8.2 of the Abused and
Neglected Child Reporting Act, foster parent, or any of their
representatives, may file a motion to modify or vacate a
temporary custody order or vacate a detention or shelter care
order on any of the following grounds:
(a) It is no longer a matter of immediate and urgent
necessity that the minor remain in detention or shelter
care; or
(b) There is a material change in the circumstances of
the natural family from which the minor was removed; or
(c) A person, including a parent, relative, or legal
guardian, is capable of assuming temporary custody of the
minor; or
(d) Services provided by the Department of Children
and Family Services or a child welfare agency or other
service provider have been successful in eliminating the
need for temporary custody.
The clerk shall set the matter for hearing not later than
14 days after such motion is filed. In the event that the court
modifies or vacates a temporary order but does not vacate its
finding of probable cause, the court may order that
appropriate services be continued or initiated on in behalf of
the minor and his or her family.

(8) Whenever a petition has been filed under Section
5-520, the court can, at any time prior to trial or sentencing,
order that the minor be placed in detention or a shelter care
facility after the court conducts a hearing and finds that the
conduct and behavior of the minor may endanger the health,
person, welfare, or property of himself or others or that the
circumstances of his or her home environment may endanger his
or her health, person, welfare, or property.
(Source: P.A. 102-654, eff. 1-1-23; revised 11-24-21.)
(705 ILCS 405/5-901)
Sec. 5-901. Court file.
(1) The Court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim
impact statements, process, service of process, orders, writs
and docket entries reflecting hearings held and judgments and
decrees entered by the court. The court file shall be kept
separate from other records of the court.
(a) The file, including information identifying the
victim or alleged victim of any sex offense, shall be
disclosed only to the following parties when necessary for
discharge of their official duties:
(i) A judge of the circuit court and members of the
staff of the court designated by the judge;
(ii) Parties to the proceedings and their
attorneys;

(iii) Victims and their attorneys, except in cases
of multiple victims of sex offenses in which case the
information identifying the nonrequesting victims
shall be redacted;
(iv) Probation officers, law enforcement officers
or prosecutors or their staff;
(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information
identifying the victim or alleged victim of any sex
offense shall be disclosed only to the following parties
when necessary for discharge of their official duties:
(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with
the permission of the judge of the juvenile court and
the chief executive of the agency that prepared the
particular recording: provided that publication of
such research results in no disclosure of a minor's
identity and protects the confidentiality of the
record;
(iii) The Secretary of State to whom the Clerk of
the Court shall report the disposition of all cases,
as required in Section 6-204 or Section 6-205.1 of the
Illinois Vehicle Code. However, information reported
relative to these offenses shall be privileged and
available only to the Secretary of State, courts, and
police officers;

(iv) The administrator of a bonafide substance
abuse student assistance program with the permission
of the presiding judge of the juvenile court;
(v) Any individual, or any public or private
agency or institution, having custody of the juvenile
under court order or providing educational, medical or
mental health services to the juvenile or a
court-approved advocate for the juvenile or any
placement provider or potential placement provider as
determined by the court.
(2) (Reserved).
(3) A minor who is the victim or alleged victim in a
juvenile proceeding shall be provided the same confidentiality
regarding disclosure of identity as the minor who is the
subject of record. Information identifying victims and alleged
victims of sex offenses, shall not be disclosed or open to
public inspection under any circumstances. Nothing in this
Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(4) Relevant information, reports and records shall be
made available to the Department of Juvenile Justice when a
juvenile offender has been placed in the custody of the
Department of Juvenile Justice.
(4.5) Relevant information, reports and records, held by
the Department of Juvenile Justice, including social
investigation, psychological and medical records, of any

juvenile offender, shall be made available to any county
juvenile detention facility upon written request by the
Superintendent or Director of that juvenile detention
facility, to the Chief Records Officer of the Department of
Juvenile Justice where the subject youth is or was in the
custody of the Department of Juvenile Justice and is
subsequently ordered to be held in a county juvenile detention
facility.
(5) Except as otherwise provided in this subsection (5),
juvenile court records shall not be made available to the
general public but may be inspected by representatives of
agencies, associations and news media or other properly
interested persons by general or special order of the court.
The State's Attorney, the minor, his or her parents, guardian
and counsel shall at all times have the right to examine court
files and records.
(a) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
adjudicated a delinquent minor under this Act under either
of the following circumstances:
(i) The adjudication of delinquency was based upon
the minor's commission of first degree murder, attempt
to commit first degree murder, aggravated criminal
sexual assault, or criminal sexual assault; or
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the act was

committed and the adjudication of delinquency was
based upon the minor's commission of: (A) an act in
furtherance of the commission of a felony as a member
of or on behalf of a criminal street gang, (B) an act
involving the use of a firearm in the commission of a
felony, (C) an act that would be a Class X felony
offense under or the minor's second or subsequent
Class 2 or greater felony offense under the Cannabis
Control Act if committed by an adult, (D) an act that
would be a second or subsequent offense under Section
402 of the Illinois Controlled Substances Act if
committed by an adult, (E) an act that would be an
offense under Section 401 of the Illinois Controlled
Substances Act if committed by an adult, or (F) an act
that would be an offense under the Methamphetamine
Control and Community Protection Act if committed by
an adult.
(b) The court shall allow the general public to have
access to the name, address, and offense of a minor who is
at least 13 years of age at the time the offense is
committed and who is convicted, in criminal proceedings
permitted or required under Section 5-805, under either of
the following circumstances:
(i) The minor has been convicted of first degree
murder, attempt to commit first degree murder,
aggravated criminal sexual assault, or criminal sexual

assault,
(ii) The court has made a finding that the minor
was at least 13 years of age at the time the offense
was committed and the conviction was based upon the
minor's commission of: (A) an offense in furtherance
of the commission of a felony as a member of or on
behalf of a criminal street gang, (B) an offense
involving the use of a firearm in the commission of a
felony, (C) a Class X felony offense under the
Cannabis Control Act or a second or subsequent Class 2
or greater felony offense under the Cannabis Control
Act, (D) a second or subsequent offense under Section
402 of the Illinois Controlled Substances Act, (E) an
offense under Section 401 of the Illinois Controlled
Substances Act, or (F) an offense under the
Methamphetamine Control and Community Protection Act.
(6) Nothing in this Section shall be construed to limit
the use of an adjudication of delinquency as evidence in any
juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including, but not
limited to, use as impeachment evidence against any witness,
including the minor if he or she testifies.
(7) Nothing in this Section shall affect the right of a
Civil Service Commission or appointing authority examining the
character and fitness of an applicant for a position as a law
enforcement officer to ascertain whether that applicant was

ever adjudicated to be a delinquent minor and, if so, to
examine the records or evidence which were made in proceedings
under this Act.
(8) Following any adjudication of delinquency for a crime
which would be a felony if committed by an adult, or following
any adjudication of delinquency for a violation of Section
24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so,
shall provide a copy of the sentencing order to the principal
or chief administrative officer of the school. Access to such
juvenile records shall be limited to the principal or chief
administrative officer of the school and any school counselor
designated by him or her.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to
juveniles subject to the provisions of the Serious Habitual
Offender Comprehensive Action Program when that information is
used to assist in the early identification and treatment of
habitual juvenile offenders.
(10) (Reserved).
(11) The Clerk of the Circuit Court shall report to the
Illinois State Police, in the form and manner required by the
Illinois State Police, the final disposition of each minor who
has been arrested or taken into custody before his or her 18th
birthday for those offenses required to be reported under

Section 5 of the Criminal Identification Act. Information
reported to the Illinois State Police Department under this
Section may be maintained with records that the Illinois State
Police Department files under Section 2.1 of the Criminal
Identification Act.
(12) Information or records may be disclosed to the
general public when the court is conducting hearings under
Section 5-805 or 5-810.
(13) The changes made to this Section by Public Act 98-61
apply to juvenile court records of a minor who has been
arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21;
102-538, eff. 8-20-21; revised 10-12-21.)
Section 600. The Court of Claims Act is amended by
changing Section 22 as follows:
(705 ILCS 505/22) (from Ch. 37, par. 439.22)
Sec. 22. Every claim cognizable by the court and not
otherwise sooner barred by law shall be forever barred from
prosecution therein unless it is filed with the clerk of the
court within the time set forth as follows:
(a) All claims arising out of a contract must be filed
within 5 years after it first accrues, saving to minors,
and persons under legal disability at the time the claim

accrues, in which cases the claim must be filed within 5
years from the time the disability ceases.
(b) All claims cognizable against the State by vendors
of goods or services under the Illinois Public Aid Code
must be filed file within one year after the accrual of the
cause of action, as provided in Section 11-13 of that
Code.
(c) All claims arising under paragraph (c) of Section
8 of this Act must be automatically heard by the court
within 120 days after the person asserting such claim is
either issued a certificate of innocence from the circuit
court as provided in Section 2-702 of the Code of Civil
Procedure, or is granted a pardon by the Governor,
whichever occurs later, without the person asserting the
claim being required to file a petition under Section 11
of this Act, except as otherwise provided by the Crime
Victims Compensation Act. Any claims filed by the claimant
under paragraph (c) of Section 8 of this Act must be filed
within 2 years after the person asserting such claim is
either issued a certificate of innocence as provided in
Section 2-702 of the Code of Civil Procedure, or is
granted a pardon by the Governor, whichever occurs later.
(d) All claims arising under paragraph (f) of Section
8 of this Act must be filed within the time set forth in
Section 3 of the Line of Duty Compensation Act.
(e) All claims arising under paragraph (h) of Section

8 of this Act must be filed within one year of the date of
the death of the guardsman or militiaman as provided in
Section 3 of the Illinois National Guardsman's
Compensation Act.
(f) All claims arising under paragraph (g) of Section
8 of this Act must be filed within one year of the crime on
which a claim is based as provided in Section 6.1 of the
Crime Victims Compensation Act.
(g) All claims arising from the Comptroller's refusal
to issue a replacement warrant pursuant to Section 10.10
of the State Comptroller Act must be filed within 5 years
after the date of the Comptroller's refusal.
(h) All other claims must be filed within 2 years
after it first accrues, saving to minors, and persons
under legal disability at the time the claim accrues, in
which case the claim must be filed within 2 years from the
time the disability ceases.
(i) The changes made by Public Act 86-458 apply to all
warrants issued within the 5-year period preceding August
31, 1989 (the effective date of Public Act 86-458). The
changes made to this Section by Public Act 100-1124 apply
to claims pending on November 27, 2018 (the effective date
of Public Act 100-1124) and to claims filed thereafter.
(j) All time limitations established under this Act
and the rules promulgated under this Act shall be binding
and jurisdictional, except upon extension authorized by

law or rule and granted pursuant to a motion timely filed.
(Source: P.A. 102-558, eff. 8-20-21; revised 11-24-21.)
Section 605. The Criminal Code of 2012 is amended by
changing Sections 12-7.1, 24-3, and 24-8 as follows:
(720 ILCS 5/12-7.1) (from Ch. 38, par. 12-7.1)
Sec. 12-7.1. Hate crime.
(a) A person commits hate crime when, by reason of the
actual or perceived race, color, creed, religion, ancestry,
gender, sexual orientation, physical or mental disability,
citizenship, immigration status, or national origin of another
individual or group of individuals, regardless of the
existence of any other motivating factor or factors, he or she
commits assault, battery, aggravated assault, intimidation,
stalking, cyberstalking, misdemeanor theft, criminal trespass
to residence, misdemeanor criminal damage to property,
criminal trespass to vehicle, criminal trespass to real
property, mob action, disorderly conduct, transmission of
obscene messages, harassment by telephone, or harassment
through electronic communications as these crimes are defined
in Sections 12-1, 12-2, 12-3(a), 12-7.3, 12-7.5, 16-1, 19-4,
21-1, 21-2, 21-3, 25-1, 26-1, 26.5-1, 26.5-2, paragraphs
(a)(1), (a)(2), and (a)(3) of Section 12-6, and paragraphs
(a)(2) and (a)(5) of Section 26.5-3 of this Code,
respectively.

(b) Except as provided in subsection (b-5), hate crime is
a Class 4 felony for a first offense and a Class 2 felony for a
second or subsequent offense.
(b-5) Hate crime is a Class 3 felony for a first offense
and a Class 2 felony for a second or subsequent offense if
committed:
(1) in, or upon the exterior or grounds of, a church,
synagogue, mosque, or other building, structure, or place
identified or associated with a particular religion or
used for religious worship or other religious purpose;
(2) in a cemetery, mortuary, or other facility used
for the purpose of burial or memorializing the dead;
(3) in a school or other educational facility,
including an administrative facility or public or private
dormitory facility of or associated with the school or
other educational facility;
(4) in a public park or an ethnic or religious
community center;
(5) on the real property comprising any location
specified in clauses (1) through (4) of this subsection
(b-5); or
(6) on a public way within 1,000 feet of the real
property comprising any location specified in clauses (1)
through (4) of this subsection (b-5).
(b-10) Upon imposition of any sentence, the trial court
shall also either order restitution paid to the victim or

impose a fine in an amount to be determined by the court based
on the severity of the crime and the injury or damages suffered
by the victim. In addition, any order of probation or
conditional discharge entered following a conviction or an
adjudication of delinquency shall include a condition that the
offender perform public or community service of no less than
200 hours if that service is established in the county where
the offender was convicted of hate crime. In addition, any
order of probation or conditional discharge entered following
a conviction or an adjudication of delinquency shall include a
condition that the offender enroll in an educational program
discouraging hate crimes involving the protected class
identified in subsection (a) that gave rise to the offense the
offender committed. The educational program must be attended
by the offender in-person and may be administered, as
determined by the court, by a university, college, community
college, non-profit organization, the Illinois Holocaust and
Genocide Commission, or any other organization that provides
educational programs discouraging hate crimes, except that
programs administered online or that can otherwise be attended
remotely are prohibited. The court may also impose any other
condition of probation or conditional discharge under this
Section. If the court sentences the offender to imprisonment
or periodic imprisonment for a violation of this Section, as a
condition of the offender's mandatory supervised release, the
court shall require that the offender perform public or

community service of no less than 200 hours and enroll in an
educational program discouraging hate crimes involving the
protected class identified in subsection (a) that gave rise to
the offense the offender committed.
(c) Independent of any criminal prosecution or the result
of a criminal prosecution, any person suffering injury to his
or her person, damage to his or her property, intimidation as
defined in paragraphs (a)(1), (a)(2), and (a)(3) of Section
12-6 of this Code, stalking as defined in Section 12-7.3 of
this Code, cyberstalking as defined in Section 12-7.5 of this
Code, disorderly conduct as defined in paragraph (a)(1),
(a)(4), (a)(5), or (a)(6) of Section 26-1 of this Code,
transmission of obscene messages as defined in Section 26.5-1
of this Code, harassment by telephone as defined in Section
26.5-2 of this Code, or harassment through electronic
communications as defined in paragraphs (a)(2) and (a)(5) of
Section 26.5-3 of this Code as a result of a hate crime may
bring a civil action for damages, injunction or other
appropriate relief. The court may award actual damages,
including damages for emotional distress, as well as punitive
damages. The court may impose a civil penalty up to $25,000 for
each violation of this subsection (c). A judgment in favor of a
person who brings a civil action under this subsection (c)
shall include attorney's fees and costs. After consulting with
the local State's Attorney, the Attorney General may bring a
civil action in the name of the People of the State for an

injunction or other equitable relief under this subsection
(c). In addition, the Attorney General may request and the
court may impose a civil penalty up to $25,000 for each
violation under this subsection (c). The parents or legal
guardians, other than guardians appointed pursuant to the
Juvenile Court Act or the Juvenile Court Act of 1987, of an
unemancipated minor shall be liable for the amount of any
judgment for all damages rendered against such minor under
this subsection (c) in any amount not exceeding the amount
provided under Section 5 of the Parental Responsibility Law.
(d) "Sexual orientation" has the meaning ascribed to it in
paragraph (O-1) of Section 1-103 of the Illinois Human Rights
Act.
(Source: P.A. 102-235, eff. 1-1-22; 102-468, eff. 1-1-22;
revised 11-18-21.)
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
Sec. 24-3. Unlawful sale or delivery of firearms.
(A) A person commits the offense of unlawful sale or
delivery of firearms when he or she knowingly does any of the
following:
(a) Sells or gives any firearm of a size which may be
concealed upon the person to any person under 18 years of
age.
(b) Sells or gives any firearm to a person under 21
years of age who has been convicted of a misdemeanor other

than a traffic offense or adjudged delinquent.
(c) Sells or gives any firearm to any narcotic addict.
(d) Sells or gives any firearm to any person who has
been convicted of a felony under the laws of this or any
other jurisdiction.
(e) Sells or gives any firearm to any person who has
been a patient in a mental institution within the past 5
years. In this subsection (e):
"Mental institution" means any hospital,
institution, clinic, evaluation facility, mental
health center, or part thereof, which is used
primarily for the care or treatment of persons with
mental illness.
"Patient in a mental institution" means the person
was admitted, either voluntarily or involuntarily, to
a mental institution for mental health treatment,
unless the treatment was voluntary and solely for an
alcohol abuse disorder and no other secondary
substance abuse disorder or mental illness.
(f) Sells or gives any firearms to any person who is a
person with an intellectual disability.
(g) Delivers any firearm, incidental to a sale,
without withholding delivery of the firearm for at least
72 hours after application for its purchase has been made,
or delivers a stun gun or taser, incidental to a sale,
without withholding delivery of the stun gun or taser for

at least 24 hours after application for its purchase has
been made. However, this paragraph (g) does not apply to:
(1) the sale of a firearm to a law enforcement officer if
the seller of the firearm knows that the person to whom he
or she is selling the firearm is a law enforcement officer
or the sale of a firearm to a person who desires to
purchase a firearm for use in promoting the public
interest incident to his or her employment as a bank
guard, armed truck guard, or other similar employment; (2)
a mail order sale of a firearm from a federally licensed
firearms dealer to a nonresident of Illinois under which
the firearm is mailed to a federally licensed firearms
dealer outside the boundaries of Illinois; (3) (blank);
(4) the sale of a firearm to a dealer licensed as a federal
firearms dealer under Section 923 of the federal Gun
Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
sale of any rifle, shotgun, or other long gun to a resident
registered competitor or attendee or non-resident
registered competitor or attendee by any dealer licensed
as a federal firearms dealer under Section 923 of the
federal Gun Control Act of 1968 at competitive shooting
events held at the World Shooting Complex sanctioned by a
national governing body. For purposes of transfers or
sales under subparagraph (5) of this paragraph (g), the
Department of Natural Resources shall give notice to the
Illinois State Police at least 30 calendar days prior to

any competitive shooting events at the World Shooting
Complex sanctioned by a national governing body. The
notification shall be made on a form prescribed by the
Illinois State Police. The sanctioning body shall provide
a list of all registered competitors and attendees at
least 24 hours before the events to the Illinois State
Police. Any changes to the list of registered competitors
and attendees shall be forwarded to the Illinois State
Police as soon as practicable. The Illinois State Police
must destroy the list of registered competitors and
attendees no later than 30 days after the date of the
event. Nothing in this paragraph (g) relieves a federally
licensed firearm dealer from the requirements of
conducting a NICS background check through the Illinois
Point of Contact under 18 U.S.C. 922(t). For purposes of
this paragraph (g), "application" means when the buyer and
seller reach an agreement to purchase a firearm. For
purposes of this paragraph (g), "national governing body"
means a group of persons who adopt rules and formulate
policy on behalf of a national firearm sporting
organization.
(h) While holding any license as a dealer, importer,
manufacturer or pawnbroker under the federal Gun Control
Act of 1968, manufactures, sells or delivers to any
unlicensed person a handgun having a barrel, slide, frame
or receiver which is a die casting of zinc alloy or any

other nonhomogeneous metal which will melt or deform at a
temperature of less than 800 degrees Fahrenheit. For
purposes of this paragraph, (1) "firearm" is defined as in
the Firearm Owners Identification Card Act; and (2)
"handgun" is defined as a firearm designed to be held and
fired by the use of a single hand, and includes a
combination of parts from which such a firearm can be
assembled.
(i) Sells or gives a firearm of any size to any person
under 18 years of age who does not possess a valid Firearm
Owner's Identification Card.
(j) Sells or gives a firearm while engaged in the
business of selling firearms at wholesale or retail
without being licensed as a federal firearms dealer under
Section 923 of the federal Gun Control Act of 1968 (18
U.S.C. 923). In this paragraph (j):
A person "engaged in the business" means a person who
devotes time, attention, and labor to engaging in the
activity as a regular course of trade or business with the
principal objective of livelihood and profit, but does not
include a person who makes occasional repairs of firearms
or who occasionally fits special barrels, stocks, or
trigger mechanisms to firearms.
"With the principal objective of livelihood and
profit" means that the intent underlying the sale or
disposition of firearms is predominantly one of obtaining

livelihood and pecuniary gain, as opposed to other
intents, such as improving or liquidating a personal
firearms collection; however, proof of profit shall not be
required as to a person who engages in the regular and
repetitive purchase and disposition of firearms for
criminal purposes or terrorism.
(k) Sells or transfers ownership of a firearm to a
person who does not display to the seller or transferor of
the firearm either: (1) a currently valid Firearm Owner's
Identification Card that has previously been issued in the
transferee's name by the Illinois State Police under the
provisions of the Firearm Owners Identification Card Act;
or (2) a currently valid license to carry a concealed
firearm that has previously been issued in the
transferee's name by the Illinois State Police under the
Firearm Concealed Carry Act. This paragraph (k) does not
apply to the transfer of a firearm to a person who is
exempt from the requirement of possessing a Firearm
Owner's Identification Card under Section 2 of the Firearm
Owners Identification Card Act. For the purposes of this
Section, a currently valid Firearm Owner's Identification
Card or license to carry a concealed firearm means receipt
of an approval number issued in accordance with subsection
(a-10) of Section subsection 3 or Section 3.1 of the
Firearm Owners Identification Card Act.
(1) In addition to the other requirements of this

paragraph (k), all persons who are not federally
licensed firearms dealers must also have complied with
subsection (a-10) of Section 3 of the Firearm Owners
Identification Card Act by determining the validity of
a purchaser's Firearm Owner's Identification Card.
(2) All sellers or transferors who have complied
with the requirements of subparagraph (1) of this
paragraph (k) shall not be liable for damages in any
civil action arising from the use or misuse by the
transferee of the firearm transferred, except for
willful or wanton misconduct on the part of the seller
or transferor.
(l) Not being entitled to the possession of a firearm,
delivers the firearm, knowing it to have been stolen or
converted. It may be inferred that a person who possesses
a firearm with knowledge that its serial number has been
removed or altered has knowledge that the firearm is
stolen or converted.
(B) Paragraph (h) of subsection (A) does not include
firearms sold within 6 months after enactment of Public Act
78-355 (approved August 21, 1973, effective October 1, 1973),
nor is any firearm legally owned or possessed by any citizen or
purchased by any citizen within 6 months after the enactment
of Public Act 78-355 subject to confiscation or seizure under
the provisions of that Public Act. Nothing in Public Act
78-355 shall be construed to prohibit the gift or trade of any

firearm if that firearm was legally held or acquired within 6
months after the enactment of that Public Act.
(C) Sentence.
(1) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (c), (e), (f), (g),
or (h) of subsection (A) commits a Class 4 felony.
(2) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (b) or (i) of
subsection (A) commits a Class 3 felony.
(3) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) of subsection
(A) commits a Class 2 felony.
(4) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property
comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony. Any person convicted of a second or
subsequent violation of unlawful sale or delivery of
firearms in violation of paragraph (a), (b), or (i) of
subsection (A) in any school, on the real property

comprising a school, within 1,000 feet of the real
property comprising a school, at a school related
activity, or on or within 1,000 feet of any conveyance
owned, leased, or contracted by a school or school
district to transport students to or from school or a
school related activity, regardless of the time of day or
time of year at which the offense was committed, commits a
Class 1 felony for which the sentence shall be a term of
imprisonment of no less than 5 years and no more than 15
years.
(5) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (a) or (i) of
subsection (A) in residential property owned, operated, or
managed by a public housing agency or leased by a public
housing agency as part of a scattered site or mixed-income
development, in a public park, in a courthouse, on
residential property owned, operated, or managed by a
public housing agency or leased by a public housing agency
as part of a scattered site or mixed-income development,
on the real property comprising any public park, on the
real property comprising any courthouse, or on any public
way within 1,000 feet of the real property comprising any
public park, courthouse, or residential property owned,
operated, or managed by a public housing agency or leased
by a public housing agency as part of a scattered site or
mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (j) of subsection
(A) commits a Class A misdemeanor. A second or subsequent
violation is a Class 4 felony.
(7) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (k) of subsection
(A) commits a Class 4 felony, except that a violation of
subparagraph (1) of paragraph (k) of subsection (A) shall
not be punishable as a crime or petty offense. A third or
subsequent conviction for a violation of paragraph (k) of
subsection (A) is a Class 1 felony.
(8) A person 18 years of age or older convicted of
unlawful sale or delivery of firearms in violation of
paragraph (a) or (i) of subsection (A), when the firearm
that was sold or given to another person under 18 years of
age was used in the commission of or attempt to commit a
forcible felony, shall be fined or imprisoned, or both,
not to exceed the maximum provided for the most serious
forcible felony so committed or attempted by the person
under 18 years of age who was sold or given the firearm.
(9) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (d) of subsection
(A) commits a Class 3 felony.
(10) Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 2 felony if the delivery is of one

firearm. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class 1 felony if the delivery is of not less
than 2 and not more than 5 firearms at the same time or
within a one-year one year period. Any person convicted of
unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 30
years if the delivery is of not less than 6 and not more
than 10 firearms at the same time or within a 2-year 2 year
period. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection
(A) commits a Class X felony for which he or she shall be
sentenced to a term of imprisonment of not less than 6
years and not more than 40 years if the delivery is of not
less than 11 and not more than 20 firearms at the same time
or within a 3-year 3 year period. Any person convicted of
unlawful sale or delivery of firearms in violation of
paragraph (l) of subsection (A) commits a Class X felony
for which he or she shall be sentenced to a term of
imprisonment of not less than 6 years and not more than 50
years if the delivery is of not less than 21 and not more
than 30 firearms at the same time or within a 4-year 4 year
period. Any person convicted of unlawful sale or delivery
of firearms in violation of paragraph (l) of subsection

(A) commits a Class X felony for which he or she shall be
sentenced to a term of imprisonment of not less than 6
years and not more than 60 years if the delivery is of 31
or more firearms at the same time or within a 5-year 5 year
period.
(D) For purposes of this Section:
"School" means a public or private elementary or secondary
school, community college, college, or university.
"School related activity" means any sporting, social,
academic, or other activity for which students' attendance or
participation is sponsored, organized, or funded in whole or
in part by a school or school district.
(E) A prosecution for a violation of paragraph (k) of
subsection (A) of this Section may be commenced within 6 years
after the commission of the offense. A prosecution for a
violation of this Section other than paragraph (g) of
subsection (A) of this Section may be commenced within 5 years
after the commission of the offense defined in the particular
paragraph.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-12-21.)
(720 ILCS 5/24-8)
Sec. 24-8. Firearm evidence.
(a) Upon recovering a firearm from the possession of
anyone who is not permitted by federal or State law to possess

a firearm, a law enforcement agency shall use the best
available information, including a firearms trace when
necessary, to determine how and from whom the person gained
possession of the firearm. Upon recovering a firearm that was
used in the commission of any offense classified as a felony or
upon recovering a firearm that appears to have been lost,
mislaid, stolen, or otherwise unclaimed, a law enforcement
agency shall use the best available information, including a
firearms trace, to determine prior ownership of the firearm.
(b) Law enforcement shall, when appropriate, use the
National Tracing Center of the Federal Bureau of Alcohol,
Tobacco and Firearms and the National Crime Information Center
of the Federal Bureau of Investigation in complying with
subsection (a) of this Section.
(c) Law enforcement agencies shall use the Illinois State
Police Law Enforcement Agencies Data System (LEADS) Gun File
to enter all stolen, seized, or recovered firearms as
prescribed by LEADS regulations and policies.
(d) Whenever a law enforcement agency recovers a fired
cartridge case at a crime scene or has reason to believe that
the recovered fired cartridge case is related to or associated
with the commission of a crime, the law enforcement agency
shall submit the evidence to the National Integrated
Ballistics Information Network (NIBIN) or an Illinois State
Police laboratory for NIBIN processing. Whenever a law
enforcement agency seizes or recovers a semiautomatic firearm

that is deemed suitable to be entered into the NIBIN that was:
(i) unlawfully possessed, (ii) used for any unlawful purpose,
(iii) recovered from the scene of a crime, (iv) is reasonably
believed to have been used or associated with the commission
of a crime, or (v) is acquired by the law enforcement agency as
an abandoned or discarded firearm, the law enforcement agency
shall submit the evidence to the NIBIN or an Illinois State
Police laboratory for NIBIN processing. When practicable, all
NIBIN-suitable evidence and NIBIN-suitable test fires from
recovered firearms shall be entered into the NIBIN within 2
business days of submission to Illinois State Police
laboratories that have NIBIN access or another NIBIN site.
Exceptions to this may occur if the evidence in question
requires analysis by other forensic disciplines. The Illinois
State Police laboratory, submitting agency, and relevant court
representatives shall determine whether the request for
additional analysis outweighs the 2 business-day requirement.
Illinois State Police laboratories that do not have NIBIN
access shall submit NIBIN-suitable evidence and test fires to
an Illinois State Police laboratory with NIBIN access. Upon
receipt at the laboratory with NIBIN access, when practicable,
the evidence and test fires shall be entered into the NIBIN
within 2 business days. Exceptions to this 2 business-day
requirement may occur if the evidence in question requires
analysis by other forensic disciplines. The Illinois State
Police laboratory, submitting agency, and relevant court

representatives shall determine whether the request for
additional analysis outweighs the 2 business-day requirement.
Nothing in this Section shall be interpreted to conflict with
standards and policies for NIBIN sites as promulgated by the
federal Bureau of Alcohol, Tobacco, Firearms and Explosives or
successor agencies.
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-14-21.)
Section 610. The Cannabis Control Act is amended by
changing Section 8 as follows:
(720 ILCS 550/8) (from Ch. 56 1/2, par. 708)
Sec. 8. Except as otherwise provided in the Cannabis
Regulation and Tax Act and the Industrial Hemp Act, it is
unlawful for any person knowingly to produce the Cannabis
sativa plant or to possess such plants unless production or
possession has been authorized pursuant to the provisions of
Section 11 or 15.2 of the Act. Any person who violates this
Section with respect to production or possession of:
(a) Not more than 5 plants is guilty of a civil
violation punishable by a minimum fine of $100 and a
maximum fine of $200. The proceeds of the fine are payable
to the clerk of the circuit court. Within 30 days after the
deposit of the fine, the clerk shall distribute the
proceeds of the fine as follows:

(1) $10 of the fine to the circuit clerk and $10 of
the fine to the law enforcement agency that issued the
citation; the proceeds of each $10 fine distributed to
the circuit clerk and each $10 fine distributed to the
law enforcement agency that issued the citation for
the violation shall be used to defer the cost of
automatic expungements under paragraph (2.5) of
subsection (a) of Section 5.2 of the Criminal
Identification Act;
(2) $15 to the county to fund drug addiction
services;
(3) $10 to the Office of the State's Attorneys
Appellate Prosecutor for use in training programs;
(4) $10 to the State's Attorney; and
(5) any remainder of the fine to the law
enforcement agency that issued the citation for the
violation.
With respect to funds designated for the Illinois
State Police, the moneys shall be remitted by the circuit
court clerk to the State Treasurer Illinois within one
month after receipt for deposit into the State Police
Operations Assistance Fund. With respect to funds
designated for the Department of Natural Resources, the
Department of Natural Resources shall deposit the moneys
into the Conservation Police Operations Assistance Fund.
(b) More than 5, but not more than 20 plants, is guilty

of a Class 4 felony.
(c) More than 20, but not more than 50 plants, is
guilty of a Class 3 felony.
(d) More than 50, but not more than 200 plants, is
guilty of a Class 2 felony for which a fine not to exceed
$100,000 may be imposed and for which liability for the
cost of conducting the investigation and eradicating such
plants may be assessed. Compensation for expenses incurred
in the enforcement of this provision shall be transmitted
to and deposited in the treasurer's office at the level of
government represented by the Illinois law enforcement
agency whose officers or employees conducted the
investigation or caused the arrest or arrests leading to
the prosecution, to be subsequently made available to that
law enforcement agency as expendable receipts for use in
the enforcement of laws regulating controlled substances
and cannabis. If such seizure was made by a combination of
law enforcement personnel representing different levels of
government, the court levying the assessment shall
determine the allocation of such assessment. The proceeds
of assessment awarded to the State treasury shall be
deposited in a special fund known as the Drug Traffic
Prevention Fund.
(e) More than 200 plants is guilty of a Class 1 felony
for which a fine not to exceed $100,000 may be imposed and
for which liability for the cost of conducting the

investigation and eradicating such plants may be assessed.
Compensation for expenses incurred in the enforcement of
this provision shall be transmitted to and deposited in
the treasurer's office at the level of government
represented by the Illinois law enforcement agency whose
officers or employees conducted the investigation or
caused the arrest or arrests leading to the prosecution,
to be subsequently made available to that law enforcement
agency as expendable receipts for use in the enforcement
of laws regulating controlled substances and cannabis. If
such seizure was made by a combination of law enforcement
personnel representing different levels of government, the
court levying the assessment shall determine the
allocation of such assessment. The proceeds of assessment
awarded to the State treasury shall be deposited in a
special fund known as the Drug Traffic Prevention Fund.
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19;
102-145, eff. 7-23-21; 102-538, eff. 8-20-21; revised
10-14-21.)
Section 615. The Illinois Controlled Substances Act is
amended by changing Sections 102 and 316 as follows:
(720 ILCS 570/102) (from Ch. 56 1/2, par. 1102)
Sec. 102. Definitions. As used in this Act, unless the
context otherwise requires:

(a) "Addict" means any person who habitually uses any
drug, chemical, substance or dangerous drug other than alcohol
so as to endanger the public morals, health, safety or welfare
or who is so far addicted to the use of a dangerous drug or
controlled substance other than alcohol as to have lost the
power of self control with reference to his or her addiction.
(b) "Administer" means the direct application of a
controlled substance, whether by injection, inhalation,
ingestion, or any other means, to the body of a patient,
research subject, or animal (as defined by the Humane
Euthanasia in Animal Shelters Act) by:
(1) a practitioner (or, in his or her presence, by his
or her authorized agent),
(2) the patient or research subject pursuant to an
order, or
(3) a euthanasia technician as defined by the Humane
Euthanasia in Animal Shelters Act.
(c) "Agent" means an authorized person who acts on behalf
of or at the direction of a manufacturer, distributor,
dispenser, prescriber, or practitioner. It does not include a
common or contract carrier, public warehouseman or employee of
the carrier or warehouseman.
(c-1) "Anabolic Steroids" means any drug or hormonal
substance, chemically and pharmacologically related to
testosterone (other than estrogens, progestins,
corticosteroids, and dehydroepiandrosterone), and includes:

(i) 3[beta],17-dihydroxy-5a-androstane,
(ii) 3[alpha],17[beta]-dihydroxy-5a-androstane,
(iii) 5[alpha]-androstan-3,17-dione,
(iv) 1-androstenediol (3[beta],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(v) 1-androstenediol (3[alpha],
17[beta]-dihydroxy-5[alpha]-androst-1-ene),
(vi) 4-androstenediol
(3[beta],17[beta]-dihydroxy-androst-4-ene),
(vii) 5-androstenediol
(3[beta],17[beta]-dihydroxy-androst-5-ene),
(viii) 1-androstenedione
([5alpha]-androst-1-en-3,17-dione),
(ix) 4-androstenedione
(androst-4-en-3,17-dione),
(x) 5-androstenedione
(androst-5-en-3,17-dione),
(xi) bolasterone (7[alpha],17a-dimethyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xii) boldenone (17[beta]-hydroxyandrost-
1,4,-diene-3-one),
(xiii) boldione (androsta-1,4-
diene-3,17-dione),
(xiv) calusterone (7[beta],17[alpha]-dimethyl-17
[beta]-hydroxyandrost-4-en-3-one),
(xv) clostebol (4-chloro-17[beta]-

hydroxyandrost-4-en-3-one),
(xvi) dehydrochloromethyltestosterone (4-chloro-
17[beta]-hydroxy-17[alpha]-methyl-
androst-1,4-dien-3-one),
(xvii) desoxymethyltestosterone
(17[alpha]-methyl-5[alpha]
-androst-2-en-17[beta]-ol)(a.k.a., madol),
(xviii) [delta]1-dihydrotestosterone (a.k.a.
'1-testosterone') (17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xix) 4-dihydrotestosterone (17[beta]-hydroxy-
androstan-3-one),
(xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl-
5[alpha]-androstan-3-one),
(xxi) ethylestrenol (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-ene),
(xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl-
1[beta],17[beta]-dihydroxyandrost-4-en-3-one),
(xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha],
17[beta]-dihydroxyandrost-1,4-dien-3-one),
(xxiv) furazabol (17[alpha]-methyl-17[beta]-
hydroxyandrostano[2,3-c]-furazan),
(xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one,
(xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy-
androst-4-en-3-one),
(xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]-

dihydroxy-estr-4-en-3-one),
(xxviii) mestanolone (17[alpha]-methyl-17[beta]-
hydroxy-5-androstan-3-one),
(xxix) mesterolone (1amethyl-17[beta]-hydroxy-
[5a]-androstan-3-one),
(xxx) methandienone (17[alpha]-methyl-17[beta]-
hydroxyandrost-1,4-dien-3-one),
(xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-5-ene),
(xxxii) methenolone (1-methyl-17[beta]-hydroxy-
5[alpha]-androst-1-en-3-one),
(xxxiii) 17[alpha]-methyl-3[beta], 17[beta]-
dihydroxy-5a-androstane,
(xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy
-5a-androstane,
(xxxv) 17[alpha]-methyl-3[beta],17[beta]-
dihydroxyandrost-4-ene),
(xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]-
methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one),
(xxxvii) methyldienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9(10)-dien-3-one),
(xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]-
hydroxyestra-4,9-11-trien-3-one),
(xxxix) methyltestosterone (17[alpha]-methyl-17[beta]-
hydroxyandrost-4-en-3-one),
(xl) mibolerone (7[alpha],17a-dimethyl-17[beta]-

hydroxyestr-4-en-3-one),
(xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone
(17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]-
androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl-
1-testosterone'),
(xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one),
(xliii) 19-nor-4-androstenediol (3[beta], 17[beta]-
dihydroxyestr-4-ene),
(xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-4-ene),
(xlv) 19-nor-5-androstenediol (3[beta], 17[beta]-
dihydroxyestr-5-ene),
(xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]-
dihydroxyestr-5-ene),
(xlvii) 19-nor-4,9(10)-androstadienedione
(estra-4,9(10)-diene-3,17-dione),
(xlviii) 19-nor-4-androstenedione (estr-4-
en-3,17-dione),
(xlix) 19-nor-5-androstenedione (estr-5-
en-3,17-dione),
(l) norbolethone (13[beta], 17a-diethyl-17[beta]-
hydroxygon-4-en-3-one),
(li) norclostebol (4-chloro-17[beta]-
hydroxyestr-4-en-3-one),
(lii) norethandrolone (17[alpha]-ethyl-17[beta]-
hydroxyestr-4-en-3-one),

(liii) normethandrolone (17[alpha]-methyl-17[beta]-
hydroxyestr-4-en-3-one),
(liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy-
2-oxa-5[alpha]-androstan-3-one),
(lv) oxymesterone (17[alpha]-methyl-4,17[beta]-
dihydroxyandrost-4-en-3-one),
(lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene-
17[beta]-hydroxy-(5[alpha]-androstan-3-one),
(lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy-
(5[alpha]-androst-2-eno[3,2-c]-pyrazole),
(lviii) stenbolone (17[beta]-hydroxy-2-methyl-
(5[alpha]-androst-1-en-3-one),
(lix) testolactone (13-hydroxy-3-oxo-13,17-
secoandrosta-1,4-dien-17-oic
acid lactone),
(lx) testosterone (17[beta]-hydroxyandrost-
4-en-3-one),
(lxi) tetrahydrogestrinone (13[beta], 17[alpha]-
diethyl-17[beta]-hydroxygon-
4,9,11-trien-3-one),
(lxii) trenbolone (17[beta]-hydroxyestr-4,9,
11-trien-3-one).
Any person who is otherwise lawfully in possession of an
anabolic steroid, or who otherwise lawfully manufactures,
distributes, dispenses, delivers, or possesses with intent to
deliver an anabolic steroid, which anabolic steroid is

expressly intended for and lawfully allowed to be administered
through implants to livestock or other nonhuman species, and
which is approved by the Secretary of Health and Human
Services for such administration, and which the person intends
to administer or have administered through such implants,
shall not be considered to be in unauthorized possession or to
unlawfully manufacture, distribute, dispense, deliver, or
possess with intent to deliver such anabolic steroid for
purposes of this Act.
(d) "Administration" means the Drug Enforcement
Administration, United States Department of Justice, or its
successor agency.
(d-5) "Clinical Director, Prescription Monitoring Program"
means a Department of Human Services administrative employee
licensed to either prescribe or dispense controlled substances
who shall run the clinical aspects of the Department of Human
Services Prescription Monitoring Program and its Prescription
Information Library.
(d-10) "Compounding" means the preparation and mixing of
components, excluding flavorings, (1) as the result of a
prescriber's prescription drug order or initiative based on
the prescriber-patient-pharmacist relationship in the course
of professional practice or (2) for the purpose of, or
incident to, research, teaching, or chemical analysis and not
for sale or dispensing. "Compounding" includes the preparation
of drugs or devices in anticipation of receiving prescription

drug orders based on routine, regularly observed dispensing
patterns. Commercially available products may be compounded
for dispensing to individual patients only if both of the
following conditions are met: (i) the commercial product is
not reasonably available from normal distribution channels in
a timely manner to meet the patient's needs and (ii) the
prescribing practitioner has requested that the drug be
compounded.
(e) "Control" means to add a drug or other substance, or
immediate precursor, to a Schedule whether by transfer from
another Schedule or otherwise.
(f) "Controlled Substance" means (i) a drug, substance,
immediate precursor, or synthetic drug in the Schedules of
Article II of this Act or (ii) a drug or other substance, or
immediate precursor, designated as a controlled substance by
the Department through administrative rule. The term does not
include distilled spirits, wine, malt beverages, or tobacco,
as those terms are defined or used in the Liquor Control Act of
1934 and the Tobacco Products Tax Act of 1995.
(f-5) "Controlled substance analog" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
substance in Schedule I or II;
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous system that
is substantially similar to or greater than the stimulant,

depressant, or hallucinogenic effect on the central
nervous system of a controlled substance in Schedule I or
II; or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the central
nervous system that is substantially similar to or greater
than the stimulant, depressant, or hallucinogenic effect
on the central nervous system of a controlled substance in
Schedule I or II.
(g) "Counterfeit substance" means a controlled substance,
which, or the container or labeling of which, without
authorization bears the trademark, trade name, or other
identifying mark, imprint, number or device, or any likeness
thereof, of a manufacturer, distributor, or dispenser other
than the person who in fact manufactured, distributed, or
dispensed the substance.
(h) "Deliver" or "delivery" means the actual, constructive
or attempted transfer of possession of a controlled substance,
with or without consideration, whether or not there is an
agency relationship. "Deliver" or "delivery" does not include
the donation of drugs to the extent permitted under the
Illinois Drug Reuse Opportunity Program Act.
(i) "Department" means the Illinois Department of Human
Services (as successor to the Department of Alcoholism and
Substance Abuse) or its successor agency.

(j) (Blank).
(k) "Department of Corrections" means the Department of
Corrections of the State of Illinois or its successor agency.
(l) "Department of Financial and Professional Regulation"
means the Department of Financial and Professional Regulation
of the State of Illinois or its successor agency.
(m) "Depressant" means any drug that (i) causes an overall
depression of central nervous system functions, (ii) causes
impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including,
but not limited to, alcohol, cannabis and its active
principles and their analogs, benzodiazepines and their
analogs, barbiturates and their analogs, opioids (natural and
synthetic) and their analogs, and chloral hydrate and similar
sedative hypnotics.
(n) (Blank).
(o) "Director" means the Director of the Illinois State
Police or his or her designated agents.
(p) "Dispense" means to deliver a controlled substance to
an ultimate user or research subject by or pursuant to the
lawful order of a prescriber, including the prescribing,
administering, packaging, labeling, or compounding necessary
to prepare the substance for that delivery.
(q) "Dispenser" means a practitioner who dispenses.
(r) "Distribute" means to deliver, other than by
administering or dispensing, a controlled substance.

(s) "Distributor" means a person who distributes.
(t) "Drug" means (1) substances recognized as drugs in the
official United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States, or official National
Formulary, or any supplement to any of them; (2) substances
intended for use in diagnosis, cure, mitigation, treatment, or
prevention of disease in man or animals; (3) substances (other
than food) intended to affect the structure of any function of
the body of man or animals and (4) substances intended for use
as a component of any article specified in clause (1), (2), or
(3) of this subsection. It does not include devices or their
components, parts, or accessories.
(t-3) "Electronic health record" or "EHR" means an
electronic record of health-related information on an
individual that is created, gathered, managed, and consulted
by authorized health care clinicians and staff.
(t-3.5) "Electronic health record system" or "EHR system"
means any computer-based system or combination of federally
certified Health IT Modules (defined at 42 CFR 170.102 or its
successor) used as a repository for electronic health records
and accessed or updated by a prescriber or authorized
surrogate in the ordinary course of his or her medical
practice. For purposes of connecting to the Prescription
Information Library maintained by the Bureau of Pharmacy and
Clinical Support Systems or its successor, an EHR system may
connect to the Prescription Information Library directly or

through all or part of a computer program or system that is a
federally certified Health IT Module maintained by a third
party and used by the EHR system to secure access to the
database.
(t-4) "Emergency medical services personnel" has the
meaning ascribed to it in the Emergency Medical Services (EMS)
Systems Act.
(t-5) "Euthanasia agency" means an entity certified by the
Department of Financial and Professional Regulation for the
purpose of animal euthanasia that holds an animal control
facility license or animal shelter license under the Animal
Welfare Act. A euthanasia agency is authorized to purchase,
store, possess, and utilize Schedule II nonnarcotic and
Schedule III nonnarcotic drugs for the sole purpose of animal
euthanasia.
(t-10) "Euthanasia drugs" means Schedule II or Schedule
III substances (nonnarcotic controlled substances) that are
used by a euthanasia agency for the purpose of animal
euthanasia.
(u) "Good faith" means the prescribing or dispensing of a
controlled substance by a practitioner in the regular course
of professional treatment to or for any person who is under his
or her treatment for a pathology or condition other than that
individual's physical or psychological dependence upon or
addiction to a controlled substance, except as provided
herein: and application of the term to a pharmacist shall mean

the dispensing of a controlled substance pursuant to the
prescriber's order which in the professional judgment of the
pharmacist is lawful. The pharmacist shall be guided by
accepted professional standards, including, but not limited
to, the following, in making the judgment:
(1) lack of consistency of prescriber-patient
relationship,
(2) frequency of prescriptions for same drug by one
prescriber for large numbers of patients,
(3) quantities beyond those normally prescribed,
(4) unusual dosages (recognizing that there may be
clinical circumstances where more or less than the usual
dose may be used legitimately),
(5) unusual geographic distances between patient,
pharmacist and prescriber,
(6) consistent prescribing of habit-forming drugs.
(u-0.5) "Hallucinogen" means a drug that causes markedly
altered sensory perception leading to hallucinations of any
type.
(u-1) "Home infusion services" means services provided by
a pharmacy in compounding solutions for direct administration
to a patient in a private residence, long-term care facility,
or hospice setting by means of parenteral, intravenous,
intramuscular, subcutaneous, or intraspinal infusion.
(u-5) "Illinois State Police" means the Illinois State
Police or its successor agency.

(v) "Immediate precursor" means a substance:
(1) which the Department has found to be and by rule
designated as being a principal compound used, or produced
primarily for use, in the manufacture of a controlled
substance;
(2) which is an immediate chemical intermediary used
or likely to be used in the manufacture of such controlled
substance; and
(3) the control of which is necessary to prevent,
curtail or limit the manufacture of such controlled
substance.
(w) "Instructional activities" means the acts of teaching,
educating or instructing by practitioners using controlled
substances within educational facilities approved by the State
Board of Education or its successor agency.
(x) "Local authorities" means a duly organized State,
County or Municipal peace unit or police force.
(y) "Look-alike substance" means a substance, other than a
controlled substance which (1) by overall dosage unit
appearance, including shape, color, size, markings or lack
thereof, taste, consistency, or any other identifying physical
characteristic of the substance, would lead a reasonable
person to believe that the substance is a controlled
substance, or (2) is expressly or impliedly represented to be
a controlled substance or is distributed under circumstances
which would lead a reasonable person to believe that the

substance is a controlled substance. For the purpose of
determining whether the representations made or the
circumstances of the distribution would lead a reasonable
person to believe the substance to be a controlled substance
under this clause (2) of subsection (y), the court or other
authority may consider the following factors in addition to
any other factor that may be relevant:
(a) statements made by the owner or person in control
of the substance concerning its nature, use or effect;
(b) statements made to the buyer or recipient that the
substance may be resold for profit;
(c) whether the substance is packaged in a manner
normally used for the illegal distribution of controlled
substances;
(d) whether the distribution or attempted distribution
included an exchange of or demand for money or other
property as consideration, and whether the amount of the
consideration was substantially greater than the
reasonable retail market value of the substance.
Clause (1) of this subsection (y) shall not apply to a
noncontrolled substance in its finished dosage form that was
initially introduced into commerce prior to the initial
introduction into commerce of a controlled substance in its
finished dosage form which it may substantially resemble.
Nothing in this subsection (y) prohibits the dispensing or
distributing of noncontrolled substances by persons authorized

to dispense and distribute controlled substances under this
Act, provided that such action would be deemed to be carried
out in good faith under subsection (u) if the substances
involved were controlled substances.
Nothing in this subsection (y) or in this Act prohibits
the manufacture, preparation, propagation, compounding,
processing, packaging, advertising or distribution of a drug
or drugs by any person registered pursuant to Section 510 of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
(y-1) "Mail-order pharmacy" means a pharmacy that is
located in a state of the United States that delivers,
dispenses or distributes, through the United States Postal
Service or other common carrier, to Illinois residents, any
substance which requires a prescription.
(z) "Manufacture" means the production, preparation,
propagation, compounding, conversion or processing of a
controlled substance other than methamphetamine, either
directly or indirectly, by extraction from substances of
natural origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis, and includes any packaging or repackaging of the
substance or labeling of its container, except that this term
does not include:
(1) by an ultimate user, the preparation or
compounding of a controlled substance for his or her own
use;

(2) by a practitioner, or his or her authorized agent
under his or her supervision, the preparation,
compounding, packaging, or labeling of a controlled
substance:
(a) as an incident to his or her administering or
dispensing of a controlled substance in the course of
his or her professional practice; or
(b) as an incident to lawful research, teaching or
chemical analysis and not for sale; or
(3) the packaging, repackaging, or labeling of drugs
only to the extent permitted under the Illinois Drug Reuse
Opportunity Program Act.
(z-1) (Blank).
(z-5) "Medication shopping" means the conduct prohibited
under subsection (a) of Section 314.5 of this Act.
(z-10) "Mid-level practitioner" means (i) a physician
assistant who has been delegated authority to prescribe
through a written delegation of authority by a physician
licensed to practice medicine in all of its branches, in
accordance with Section 7.5 of the Physician Assistant
Practice Act of 1987, (ii) an advanced practice registered
nurse who has been delegated authority to prescribe through a
written delegation of authority by a physician licensed to
practice medicine in all of its branches or by a podiatric
physician, in accordance with Section 65-40 of the Nurse
Practice Act, (iii) an advanced practice registered nurse

certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe
by a hospital affiliate in accordance with Section 65-45 of
the Nurse Practice Act, (iv) an animal euthanasia agency, or
(v) a prescribing psychologist.
(aa) "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances
of vegetable origin, or independently by means of chemical
synthesis, or by a combination of extraction and chemical
synthesis:
(1) opium, opiates, derivatives of opium and opiates,
including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of
such isomers, esters, ethers, and salts is possible within
the specific chemical designation; however the term
"narcotic drug" does not include the isoquinoline
alkaloids of opium;
(2) (blank);
(3) opium poppy and poppy straw;
(4) coca leaves, except coca leaves and extracts of
coca leaves from which substantially all of the cocaine
and ecgonine, and their isomers, derivatives and salts,
have been removed;
(5) cocaine, its salts, optical and geometric isomers,
and salts of isomers;
(6) ecgonine, its derivatives, their salts, isomers,

and salts of isomers;
(7) any compound, mixture, or preparation which
contains any quantity of any of the substances referred to
in subparagraphs (1) through (6).
(bb) "Nurse" means a registered nurse licensed under the
Nurse Practice Act.
(cc) (Blank).
(dd) "Opiate" means any substance having an addiction
forming or addiction sustaining liability similar to morphine
or being capable of conversion into a drug having addiction
forming or addiction sustaining liability.
(ee) "Opium poppy" means the plant of the species Papaver
somniferum L., except its seeds.
(ee-5) "Oral dosage" means a tablet, capsule, elixir, or
solution or other liquid form of medication intended for
administration by mouth, but the term does not include a form
of medication intended for buccal, sublingual, or transmucosal
administration.
(ff) "Parole and Pardon Board" means the Parole and Pardon
Board of the State of Illinois or its successor agency.
(gg) "Person" means any individual, corporation,
mail-order pharmacy, government or governmental subdivision or
agency, business trust, estate, trust, partnership or
association, or any other entity.
(hh) "Pharmacist" means any person who holds a license or
certificate of registration as a registered pharmacist, a

local registered pharmacist or a registered assistant
pharmacist under the Pharmacy Practice Act.
(ii) "Pharmacy" means any store, ship or other place in
which pharmacy is authorized to be practiced under the
Pharmacy Practice Act.
(ii-5) "Pharmacy shopping" means the conduct prohibited
under subsection (b) of Section 314.5 of this Act.
(ii-10) "Physician" (except when the context otherwise
requires) means a person licensed to practice medicine in all
of its branches.
(jj) "Poppy straw" means all parts, except the seeds, of
the opium poppy, after mowing.
(kk) "Practitioner" means a physician licensed to practice
medicine in all its branches, dentist, optometrist, podiatric
physician, veterinarian, scientific investigator, pharmacist,
physician assistant, advanced practice registered nurse,
licensed practical nurse, registered nurse, emergency medical
services personnel, hospital, laboratory, or pharmacy, or
other person licensed, registered, or otherwise lawfully
permitted by the United States or this State to distribute,
dispense, conduct research with respect to, administer or use
in teaching or chemical analysis, a controlled substance in
the course of professional practice or research.
(ll) "Pre-printed prescription" means a written
prescription upon which the designated drug has been indicated
prior to the time of issuance; the term does not mean a written

prescription that is individually generated by machine or
computer in the prescriber's office.
(mm) "Prescriber" means a physician licensed to practice
medicine in all its branches, dentist, optometrist,
prescribing psychologist licensed under Section 4.2 of the
Clinical Psychologist Licensing Act with prescriptive
authority delegated under Section 4.3 of the Clinical
Psychologist Licensing Act, podiatric physician, or
veterinarian who issues a prescription, a physician assistant
who issues a prescription for a controlled substance in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement required under Section 7.5 of
the Physician Assistant Practice Act of 1987, an advanced
practice registered nurse with prescriptive authority
delegated under Section 65-40 of the Nurse Practice Act and in
accordance with Section 303.05, a written delegation, and a
written collaborative agreement under Section 65-35 of the
Nurse Practice Act, an advanced practice registered nurse
certified as a nurse practitioner, nurse midwife, or clinical
nurse specialist who has been granted authority to prescribe
by a hospital affiliate in accordance with Section 65-45 of
the Nurse Practice Act and in accordance with Section 303.05,
or an advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who
has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.

(nn) "Prescription" means a written, facsimile, or oral
order, or an electronic order that complies with applicable
federal requirements, of a physician licensed to practice
medicine in all its branches, dentist, podiatric physician or
veterinarian for any controlled substance, of an optometrist
in accordance with Section 15.1 of the Illinois Optometric
Practice Act of 1987, of a prescribing psychologist licensed
under Section 4.2 of the Clinical Psychologist Licensing Act
with prescriptive authority delegated under Section 4.3 of the
Clinical Psychologist Licensing Act, of a physician assistant
for a controlled substance in accordance with Section 303.05,
a written delegation, and a written collaborative agreement
required under Section 7.5 of the Physician Assistant Practice
Act of 1987, of an advanced practice registered nurse with
prescriptive authority delegated under Section 65-40 of the
Nurse Practice Act who issues a prescription for a controlled
substance in accordance with Section 303.05, a written
delegation, and a written collaborative agreement under
Section 65-35 of the Nurse Practice Act, of an advanced
practice registered nurse certified as a nurse practitioner,
nurse midwife, or clinical nurse specialist who has been
granted authority to prescribe by a hospital affiliate in
accordance with Section 65-45 of the Nurse Practice Act and in
accordance with Section 303.05 when required by law, or of an
advanced practice registered nurse certified as a nurse
practitioner, nurse midwife, or clinical nurse specialist who

has full practice authority pursuant to Section 65-43 of the
Nurse Practice Act.
(nn-5) "Prescription Information Library" (PIL) means an
electronic library that contains reported controlled substance
data.
(nn-10) "Prescription Monitoring Program" (PMP) means the
entity that collects, tracks, and stores reported data on
controlled substances and select drugs pursuant to Section
316.
(oo) "Production" or "produce" means manufacture,
planting, cultivating, growing, or harvesting of a controlled
substance other than methamphetamine.
(pp) "Registrant" means every person who is required to
register under Section 302 of this Act.
(qq) "Registry number" means the number assigned to each
person authorized to handle controlled substances under the
laws of the United States and of this State.
(qq-5) "Secretary" means, as the context requires, either
the Secretary of the Department or the Secretary of the
Department of Financial and Professional Regulation, and the
Secretary's designated agents.
(rr) "State" includes the State of Illinois and any state,
district, commonwealth, territory, insular possession thereof,
and any area subject to the legal authority of the United
States of America.
(rr-5) "Stimulant" means any drug that (i) causes an

overall excitation of central nervous system functions, (ii)
causes impaired consciousness and awareness, and (iii) can be
habit-forming or lead to a substance abuse problem, including,
but not limited to, amphetamines and their analogs,
methylphenidate and its analogs, cocaine, and phencyclidine
and its analogs.
(rr-10) "Synthetic drug" includes, but is not limited to,
any synthetic cannabinoids or piperazines or any synthetic
cathinones as provided for in Schedule I.
(ss) "Ultimate user" means a person who lawfully possesses
a controlled substance for his or her own use or for the use of
a member of his or her household or for administering to an
animal owned by him or her or by a member of his or her
household.
(Source: P.A. 101-666, eff. 1-1-22; 102-389, eff. 1-1-22;
102-538, eff. 8-20-21; revised 9-22-21.)
(720 ILCS 570/316)
Sec. 316. Prescription Monitoring Program.
(a) The Department must provide for a Prescription
Monitoring Program for Schedule II, III, IV, and V controlled
substances that includes the following components and
requirements:
(1) The dispenser must transmit to the central
repository, in a form and manner specified by the
Department, the following information:

(A) The recipient's name and address.
(B) The recipient's date of birth and gender.
(C) The national drug code number of the
controlled substance dispensed.
(D) The date the controlled substance is
dispensed.
(E) The quantity of the controlled substance
dispensed and days supply.
(F) The dispenser's United States Drug Enforcement
Administration registration number.
(G) The prescriber's United States Drug
Enforcement Administration registration number.
(H) The dates the controlled substance
prescription is filled.
(I) The payment type used to purchase the
controlled substance (i.e. Medicaid, cash, third party
insurance).
(J) The patient location code (i.e. home, nursing
home, outpatient, etc.) for the controlled substances
other than those filled at a retail pharmacy.
(K) Any additional information that may be
required by the department by administrative rule,
including but not limited to information required for
compliance with the criteria for electronic reporting
of the American Society for Automation and Pharmacy or
its successor.

(2) The information required to be transmitted under
this Section must be transmitted not later than the end of
the business day on which a controlled substance is
dispensed, or at such other time as may be required by the
Department by administrative rule.
(3) A dispenser must transmit the information required
under this Section by:
(3.5) The requirements of paragraphs (1), (2), and (3)
of this subsection also apply to opioid treatment programs
that are licensed or certified by the Department of Human
Services' Division of Substance Use Prevention and
Recovery and are authorized by the federal Drug
Enforcement Administration to prescribe Schedule II, III,
IV, or V controlled substances for the treatment of opioid
use disorders. Opioid treatment programs shall attempt to
obtain written patient consent, shall document attempts to
obtain the written consent, and shall not transmit
information without patient consent. Documentation
obtained under this paragraph shall not be utilized for
law enforcement purposes, as proscribed under 42 CFR 2, as
amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
not be conditioned upon his or her written consent.
(A) an electronic device compatible with the
receiving device of the central repository;
(B) a computer diskette;
(C) a magnetic tape; or

(D) a pharmacy universal claim form or Pharmacy
Inventory Control form.
(3.5) The requirements of paragraphs (1), (2), and (3)
of this subsection also apply to opioid treatment programs
that are licensed or certified by the Department of Human
Services' Division of Substance Use Prevention and
Recovery and are authorized by the federal Drug
Enforcement Administration to prescribe Schedule II, III,
IV, or V controlled substances for the treatment of opioid
use disorders. Opioid treatment programs shall attempt to
obtain written patient consent, shall document attempts to
obtain the written consent, and shall not transmit
information without patient consent. Documentation
obtained under this paragraph shall not be utilized for
law enforcement purposes, as proscribed under 42 CFR 2, as
amended by 42 U.S.C. 290dd-2. Treatment of a patient shall
not be conditioned upon his or her written consent.
(4) The Department may impose a civil fine of up to
$100 per day for willful failure to report controlled
substance dispensing to the Prescription Monitoring
Program. The fine shall be calculated on no more than the
number of days from the time the report was required to be
made until the time the problem was resolved, and shall be
payable to the Prescription Monitoring Program.
(a-5) Notwithstanding subsection (a), a licensed
veterinarian is exempt from the reporting requirements of this

Section. If a person who is presenting an animal for treatment
is suspected of fraudulently obtaining any controlled
substance or prescription for a controlled substance, the
licensed veterinarian shall report that information to the
local law enforcement agency.
(b) The Department, by rule, may include in the
Prescription Monitoring Program certain other select drugs
that are not included in Schedule II, III, IV, or V. The
Prescription Monitoring Program does not apply to controlled
substance prescriptions as exempted under Section 313.
(c) The collection of data on select drugs and scheduled
substances by the Prescription Monitoring Program may be used
as a tool for addressing oversight requirements of long-term
care institutions as set forth by Public Act 96-1372.
Long-term care pharmacies shall transmit patient medication
profiles to the Prescription Monitoring Program monthly or
more frequently as established by administrative rule.
(d) The Department of Human Services shall appoint a
full-time Clinical Director of the Prescription Monitoring
Program.
(e) (Blank).
(f) Within one year of January 1, 2018 (the effective date
of Public Act 100-564), the Department shall adopt rules
requiring all Electronic Health Records Systems to interface
with the Prescription Monitoring Program application program
on or before January 1, 2021 to ensure that all providers have

access to specific patient records during the treatment of
their patients. These rules shall also address the electronic
integration of pharmacy records with the Prescription
Monitoring Program to allow for faster transmission of the
information required under this Section. The Department shall
establish actions to be taken if a prescriber's Electronic
Health Records System does not effectively interface with the
Prescription Monitoring Program within the required timeline.
(g) The Department, in consultation with the Prescription
Monitoring Program Advisory Committee, shall adopt rules
allowing licensed prescribers or pharmacists who have
registered to access the Prescription Monitoring Program to
authorize a licensed or non-licensed designee employed in that
licensed prescriber's office or a licensed designee in a
licensed pharmacist's pharmacy who has received training in
the federal Health Insurance Portability and Accountability
Act and 42 CFR 2 to consult the Prescription Monitoring
Program on their behalf. The rules shall include reasonable
parameters concerning a practitioner's authority to authorize
a designee, and the eligibility of a person to be selected as a
designee. In this subsection (g), "pharmacist" shall include a
clinical pharmacist employed by and designated by a Medicaid
Managed Care Organization providing services under Article V
of the Illinois Public Aid Code under a contract with the
Department of Healthcare and Family Services for the sole
purpose of clinical review of services provided to persons

covered by the entity under the contract to determine
compliance with subsections (a) and (b) of Section 314.5 of
this Act. A managed care entity pharmacist shall notify
prescribers of review activities.
(Source: P.A. 101-81, eff. 7-12-19; 101-414, eff. 8-16-19;
102-527, eff. 8-20-21; revised 11-24-21.)
Section 620. The Prevention of Tobacco Use by Persons
under 21 Years of Age and Sale and Distribution of Tobacco
Products Act is amended by changing Section 1 as follows:
(720 ILCS 675/1) (from Ch. 23, par. 2357)
Sec. 1. Prohibition on sale of tobacco products,
electronic cigarettes, and alternative nicotine products to
persons under 21 years of age; prohibition on the distribution
of tobacco product samples, electronic cigarette samples, and
alternative nicotine product samples to any person; use of
identification cards; vending machines; lunch wagons;
out-of-package sales.
(a) No person shall sell, buy for, distribute samples of
or furnish any tobacco product, electronic cigarette, or
alternative nicotine product to any person under 21 years of
age.
(a-5) No person under 16 years of age may sell any tobacco
product, electronic cigarette, or alternative nicotine product
at a retail establishment selling tobacco products, electronic

cigarettes, or alternative nicotine products. This subsection
does not apply to a sales clerk in a family-owned business
which can prove that the sales clerk is in fact a son or
daughter of the owner.
(a-5.1) Before selling, offering for sale, giving, or
furnishing a tobacco product, electronic cigarette, or
alternative nicotine product to another person, the person
selling, offering for sale, giving, or furnishing the tobacco
product, electronic cigarette, or alternative nicotine product
shall verify that the person is at least 21 years of age by:
(1) examining from any person that appears to be under
30 years of age a government-issued photographic
identification that establishes the person to be 21 years
of age or older; or
(2) for sales of tobacco products, electronic
cigarettes, or alternative nicotine products made through
the Internet or other remote sales methods, performing an
age verification through an independent, third party age
verification service that compares information available
from public records to the personal information entered by
the person during the ordering process that establishes
the person is 21 years of age or older.
(a-6) No person under 21 years of age in the furtherance or
facilitation of obtaining any tobacco product, electronic
cigarette, or alternative nicotine product shall display or
use a false or forged identification card or transfer, alter,

or deface an identification card.
(a-7) (Blank).
(a-8) A person shall not distribute without charge samples
of any tobacco product, alternative nicotine product, or
electronic cigarette to any other person, regardless of age,
except for smokeless tobacco in an adult-only facility.
This subsection (a-8) does not apply to the distribution
of a tobacco product, electronic cigarette, or alternative
nicotine product sample in any adult-only facility.
(a-9) For the purpose of this Section:
"Adult-only facility" means a facility or restricted
area (whether open-air or enclosed) where the operator
ensures or has a reasonable basis to believe (such as by
checking identification as required under State law, or by
checking the identification of any person appearing to be
under the age of 30) that no person under legal age is
present. A facility or restricted area need not be
permanently restricted to persons under 21 years of age to
constitute an adult-only facility, provided that the
operator ensures or has a reasonable basis to believe that
no person under 21 years of age is present during the event
or time period in question.
"Alternative nicotine product" means a product or
device not consisting of or containing tobacco that
provides for the ingestion into the body of nicotine,
whether by chewing, smoking, absorbing, dissolving,

inhaling, snorting, sniffing, or by any other means.
"Alternative nicotine product" does not include:
cigarettes as defined in Section 1 of the Cigarette Tax
Act and tobacco products as defined in Section 10-5 of the
Tobacco Products Tax Act of 1995; tobacco product and
electronic cigarette as defined in this Section; or any
product approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that
approved purpose.
"Electronic cigarette" means:
(1) any device that employs a battery or other
mechanism to heat a solution or substance to produce a
vapor or aerosol intended for inhalation;
(2) any cartridge or container of a solution or
substance intended to be used with or in the device or
to refill the device; or
(3) any solution or substance, whether or not it
contains nicotine intended for use in the device.
"Electronic cigarette" includes, but is not limited
to, any electronic nicotine delivery system, electronic
cigar, electronic cigarillo, electronic pipe, electronic
hookah, vape pen, or similar product or device, any
components or parts that can be used to build the product
or device, and any component, part, or accessory of a

device used during the operation of the device, even if
the part or accessory was sold separately. "Electronic
cigarette" does not include: cigarettes as defined in
Section 1 of the Cigarette Tax Act; tobacco product and
alternative nicotine product as defined in this Section;
any product approved by the United States Food and Drug
Administration for sale as a tobacco cessation product, as
a tobacco dependence product, or for other medical
purposes, and is being marketed and sold solely for that
approved purpose; any asthma inhaler prescribed by a
physician for that condition and is being marketed and
sold solely for that approved purpose; any device that
meets the definition of cannabis paraphernalia under
Section 1-10 of the Cannabis Regulation and Tax Act; or
any cannabis product sold by a dispensing organization
pursuant to the Cannabis Regulation and Tax Act or the
Compassionate Use of Medical Cannabis Program Act.
"Lunch wagon" means a mobile vehicle designed and
constructed to transport food and from which food is sold
to the general public.
"Nicotine" means any form of the chemical nicotine,
including any salt or complex, regardless of whether the
chemical is naturally or synthetically derived.
"Tobacco product" means any product containing or made
from tobacco that is intended for human consumption,
whether smoked, heated, chewed, absorbed, dissolved,

inhaled, snorted, sniffed, or ingested by any other means,
including, but not limited to, cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff, snus, and
any other smokeless tobacco product which contains tobacco
that is finely cut, ground, powdered, or leaf and intended
to be placed in the oral cavity. "Tobacco product"
includes any component, part, or accessory of a tobacco
product, whether or not sold separately. "Tobacco product"
does not include: an alternative nicotine product as
defined in this Section; or any product that has been
approved by the United States Food and Drug Administration
for sale as a tobacco cessation product, as a tobacco
dependence product, or for other medical purposes, and is
being marketed and sold solely for that approved purpose.
(b) Tobacco products, electronic cigarettes, and
alternative nicotine products may be sold through a vending
machine only if such tobacco products, electronic cigarettes,
and alternative nicotine products are not placed together with
any non-tobacco product, other than matches, in the vending
machine and the vending machine is in any of the following
locations:
(1) (Blank).
(2) Places to which persons under 21 years of age are
not permitted access at any time.
(3) Places where alcoholic beverages are sold and
consumed on the premises and vending machine operation is

under the direct supervision of the owner or manager.
(4) (Blank).
(5) (Blank).
(c) (Blank).
(d) The sale or distribution by any person of a tobacco
product as defined in this Section, including, but not limited
to, a single or loose cigarette, that is not contained within a
sealed container, pack, or package as provided by the
manufacturer, which container, pack, or package bears the
health warning required by federal law, is prohibited.
(e) It is not a violation of this Act for a person under 21
years of age to purchase a tobacco product, electronic
cigarette, or alternative nicotine product if the person under
the age of 21 purchases or is given the tobacco product,
electronic cigarette, or alternative nicotine product in any
of its forms from a retail seller of tobacco products,
electronic cigarettes, or alternative nicotine products or an
employee of the retail seller pursuant to a plan or action to
investigate, patrol, or otherwise conduct a "sting operation"
or enforcement action against a retail seller of tobacco
products, electronic cigarettes, or alternative nicotine
products or a person employed by the retail seller of tobacco
products, electronic cigarettes, or alternative nicotine
products or on any premises authorized to sell tobacco
products, electronic cigarettes, or alternative nicotine
products to determine if tobacco products, electronic

cigarettes, or alternative nicotine products are being sold or
given to persons under 21 years of age if the "sting operation"
or enforcement action is approved by, conducted by, or
conducted on behalf of the Illinois State Police, the county
sheriff, a municipal police department, the Department of
Revenue, the Department of Public Health, or a local health
department. The results of any sting operation or enforcement
action, including the name of the clerk, shall be provided to
the retail seller within 7 business days.
(f) No person shall honor or accept any discount, coupon,
or other benefit or reduction in price that is inconsistent
with 21 CFR 1140, subsequent United States Food and Drug
Administration industry guidance, or any rules adopted under
21 CFR 1140.
(g) Any peace officer or duly authorized member of the
Illinois State Police, a county sheriff's department, a
municipal police department, the Department of Revenue, the
Department of Public Health, a local health department, or the
Department of Human Services, upon discovering a violation of
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this
Section or a violation of the Preventing Youth Vaping Act, may
seize any tobacco products, alternative nicotine products, or
electronic cigarettes of the specific type involved in that
violation that are located at that place of business. The
tobacco products, alternative nicotine products, or electronic
cigarettes so seized are subject to confiscation and

forfeiture.
(h) If, within 60 days after any seizure under subsection
(g), a person having any property interest in the seized
property is charged with an offense under this Section or a
violation of the Preventing Youth Vaping Act, the court that
renders judgment upon the charge shall, within 30 days after
the judgment, conduct a forfeiture hearing to determine
whether the seized tobacco products or electronic cigarettes
were part of the inventory located at the place of business
when a violation of subsection (a), (a-5), (a-5.1), (a-8),
(b), or (d) of this Section or a violation of the Preventing
Youth Vaping Act occurred and whether any seized tobacco
products or electronic cigarettes were of a type involved in
that violation. The hearing shall be commenced by a written
petition by the State, which shall include material
allegations of fact, the name and address of every person
determined by the State to have any property interest in the
seized property, a representation that written notice of the
date, time, and place of the hearing has been mailed to every
such person by certified mail at least 10 days before the date,
and a request for forfeiture. Every such person may appear as a
party and present evidence at the hearing. The quantum of
proof required shall be a preponderance of the evidence, and
the burden of proof shall be on the State. If the court
determines that the seized property was subject to forfeiture,
an order of forfeiture and disposition of the seized property

shall be entered and the property shall be received by the
prosecuting office, who shall effect its destruction.
(i) If a seizure under subsection (g) is not followed by a
charge under subsection (a), (a-5), (a-5.1), (a-8), (b), or
(d) of this Section or under the Preventing Youth Vaping Act,
or if the prosecution of the charge is permanently terminated
or indefinitely discontinued without any judgment of
conviction or acquittal:
(1) the prosecuting office may commence in the circuit
court an in rem proceeding for the forfeiture and
destruction of any seized tobacco products or electronic
cigarettes; and
(2) any person having any property interest in the
seized tobacco products or electronic cigarettes may
commence separate civil proceedings in the manner provided
by law.
(j) After the Department of Revenue has seized any tobacco
product, nicotine product, or electronic cigarette as provided
in subsection (g) and a person having any property interest in
the seized property has not been charged with an offense under
this Section or a violation of the Preventing Youth Vaping
Act, the Department of Revenue must hold a hearing and
determine whether the seized tobacco products, alternative
nicotine products, or electronic cigarettes were part of the
inventory located at the place of business when a violation of
subsection (a), (a-5), (a-5.1), (a-8), (b), or (d) of this

Section or a violation of the Preventing Youth Vaping Act
occurred and whether any seized tobacco product, alternative
nicotine product, or electronic cigarette was of a type
involved in that violation. The Department of Revenue shall
give not less than 20 days' notice of the time and place of the
hearing to the owner of the property, if the owner is known,
and also to the person in whose possession the property was
found if that person is known and if the person in possession
is not the owner of the property. If neither the owner nor the
person in possession of the property is known, the Department
of Revenue must cause publication of the time and place of the
hearing to be made at least once each week for 3 weeks
successively in a newspaper of general circulation in the
county where the hearing is to be held.
If, as the result of the hearing, the Department of
Revenue determines that the tobacco products, alternative
nicotine products, or the electronic cigarettes were part of
the inventory located at the place of business when a
violation of subsection (a), (a-5), (a-5.1), (a-8), (b), or
(d) of this Section or a violation of the Preventing Youth
Vaping Act at the time of seizure, the Department of Revenue
must enter an order declaring the tobacco product, alternative
nicotine product, or electronic cigarette confiscated and
forfeited to the State, to be held by the Department of Revenue
for disposal by it as provided in Section 10-58 of the Tobacco
Products Tax Act of 1995. The Department of Revenue must give

notice of the order to the owner of the property, if the owner
is known, and also to the person in whose possession the
property was found if that person is known and if the person in
possession is not the owner of the property. If neither the
owner nor the person in possession of the property is known,
the Department of Revenue must cause publication of the order
to be made at least once each week for 3 weeks successively in
a newspaper of general circulation in the county where the
hearing was held.
(Source: P.A. 101-2, eff. 7-1-19; 102-538, eff. 8-20-21;
102-575, eff. 1-1-22; revised 10-20-21.)
Section 625. The Code of Criminal Procedure of 1963 is
amended by changing Sections 106D-1, 107-4, 109-1, 110-1,
110-3, 110-5, 112A-14, 112A-20, and 112A-23 and by renumbering
Section 123 as follows:
(725 ILCS 5/106D-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
(a) Whenever the appearance in person in court, in either
a civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may

permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit
television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a
criminal complaint, at which bail will be set;
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment at
which a plea of not guilty will be entered;
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken; and
(7) at any hearing at which no witness testimony will
be taken conducted under the following:
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
special provisions and assistance);
(C) Section 104-25 of this Code (discharge
hearing); or
(D) Section 5-2-4 of the Unified Code of
Corrections (proceedings after acquittal by reason of
insanity).
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court

and the place of custody or confinement, and must include a
secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way
audio-visual communication, upon waiver of any right the
person in custody or confinement may have to be present
physically.
(d) Nothing in this Section shall be construed to
establish a right of any person held in custody or confinement
to appear in court through two-way audio-visual communication
or to require that any governmental entity, or place of
custody or confinement, provide two-way audio-visual
communication.
(Source: P.A. 102-486, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 106D-1. Defendant's appearance by closed circuit
television and video conference.
(a) Whenever the appearance in person in court, in either
a civil or criminal proceeding, is required of anyone held in a
place of custody or confinement operated by the State or any of
its political subdivisions, including counties and
municipalities, the chief judge of the circuit by rule may
permit the personal appearance to be made by means of two-way
audio-visual communication, including closed circuit

television and computerized video conference, in the following
proceedings:
(1) the initial appearance before a judge on a
criminal complaint, at which the conditions of pretrial
release will be set;
(2) the waiver of a preliminary hearing;
(3) the arraignment on an information or indictment at
which a plea of not guilty will be entered;
(4) the presentation of a jury waiver;
(5) any status hearing;
(6) any hearing conducted under the Sexually Violent
Persons Commitment Act at which no witness testimony will
be taken; and
(7) at any hearing at which no witness testimony will
be taken conducted under the following:
(A) Section 104-20 of this Code (90-day hearings);
(B) Section 104-22 of this Code (trial with
special provisions and assistance);
(C) Section 104-25 of this Code (discharge
hearing); or
(D) Section 5-2-4 of the Unified Code of
Corrections (proceedings after acquittal by reason of
insanity).
(b) The two-way audio-visual communication facilities must
provide two-way audio-visual communication between the court
and the place of custody or confinement, and must include a

secure line over which the person in custody and his or her
counsel, if any, may communicate.
(c) Nothing in this Section shall be construed to prohibit
other court appearances through the use of two-way
audio-visual communication, upon waiver of any right the
person in custody or confinement may have to be present
physically.
(d) Nothing in this Section shall be construed to
establish a right of any person held in custody or confinement
to appear in court through two-way audio-visual communication
or to require that any governmental entity, or place of
custody or confinement, provide two-way audio-visual
communication.
(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
revised 10-12-21.)
(725 ILCS 5/107-4) (from Ch. 38, par. 107-4)
(Text of Section before amendment by P.A. 101-652)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States

Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests in
any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that
occurred in the officer's primary jurisdiction and the
temporary questioning or arrest relates to, arises from, or is
conducted pursuant to that investigation; or (2) if the
officer, while on duty as a peace officer, becomes personally
aware of the immediate commission of a felony or misdemeanor
violation of the laws of this State; or (3) if the officer,
while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render
aid or assistance to the requesting law enforcement agency
that is outside the officer's primary jurisdiction; or (4) in
accordance with Section 2605-580 of the Illinois State Police
Law of the Civil Administrative Code of Illinois. While acting
pursuant to this subsection, an officer has the same authority

as within his or her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the ground
that he has committed an offense in the other State has the
same authority to arrest and hold the person in custody as
peace officers of this State have to arrest and hold a person
in custody on the ground that he has committed an offense in
this State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the
purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit
the person arrested, to await for a reasonable time the
issuance of an extradition warrant by the Governor of this
State, or admit him to bail for such purpose. If the court
determines that the arrest was unlawful it shall discharge the
person arrested.
(Source: P.A. 102-538, eff. 8-20-21.)

(Text of Section after amendment by P.A. 101-652)
Sec. 107-4. Arrest by peace officer from other
jurisdiction.
(a) As used in this Section:
(1) "State" means any State of the United States and
the District of Columbia.
(2) "Peace Officer" means any peace officer or member
of any duly organized State, County, or Municipal peace
unit, any police force of another State, the United States
Department of Defense, or any police force whose members,
by statute, are granted and authorized to exercise powers
similar to those conferred upon any peace officer employed
by a law enforcement agency of this State.
(3) "Fresh pursuit" means the immediate pursuit of a
person who is endeavoring to avoid arrest.
(4) "Law enforcement agency" means a municipal police
department or county sheriff's office of this State.
(a-3) Any peace officer employed by a law enforcement
agency of this State may conduct temporary questioning
pursuant to Section 107-14 of this Code and may make arrests in
any jurisdiction within this State: (1) if the officer is
engaged in the investigation of criminal activity that
occurred in the officer's primary jurisdiction and the
temporary questioning or arrest relates to, arises from, or is
conducted pursuant to that investigation; or (2) if the
officer, while on duty as a peace officer, becomes personally

aware of the immediate commission of a felony or misdemeanor
violation of the laws of this State; or (3) if the officer,
while on duty as a peace officer, is requested by an
appropriate State or local law enforcement official to render
aid or assistance to the requesting law enforcement agency
that is outside the officer's primary jurisdiction; or (4) in
accordance with Section 2605-580 of the Illinois State Police
Law of the Civil Administrative Code of Illinois. While acting
pursuant to this subsection, an officer has the same authority
as within his or her own jurisdiction.
(a-7) The law enforcement agency of the county or
municipality in which any arrest is made under this Section
shall be immediately notified of the arrest.
(b) Any peace officer of another State who enters this
State in fresh pursuit and continues within this State in
fresh pursuit of a person in order to arrest him on the ground
that he has committed an offense in the other State has the
same authority to arrest and hold the person in custody as
peace officers of this State have to arrest and hold a person
in custody on the ground that he has committed an offense in
this State.
(c) If an arrest is made in this State by a peace officer
of another State in accordance with the provisions of this
Section he shall without unnecessary delay take the person
arrested before the circuit court of the county in which the
arrest was made. Such court shall conduct a hearing for the

purpose of determining the lawfulness of the arrest. If the
court determines that the arrest was lawful it shall commit
the person arrested, to await for a reasonable time the
issuance of an extradition warrant by the Governor of this
State, or admit him to pretrial release for such purpose. If
the court determines that the arrest was unlawful it shall
discharge the person arrested.
(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
revised 10-20-21.)
(725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 109-1. Person arrested.
(a) A person arrested with or without a warrant shall be
taken without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to
deny bail to the defendant may not be conducted by way of
closed circuit television.
(a-5) A person charged with an offense shall be allowed

counsel at the hearing at which bail is determined under
Article 110 of this Code. If the defendant desires counsel for
his or her initial appearance but is unable to obtain counsel,
the court shall appoint a public defender or licensed attorney
at law of this State to represent him or her for purposes of
that hearing.
(b) The judge shall:
(1) Inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) Advise the defendant of his right to counsel and
if indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) Schedule a preliminary hearing in appropriate
cases;
(4) Admit the defendant to bail in accordance with the
provisions of Article 110 of this Code; and
(5) Order the confiscation of the person's passport or
impose travel restrictions on a defendant arrested for
first degree murder or other violent crime as defined in
Section 3 of the Rights of Crime Victims and Witnesses
Act, if the judge determines, based on the factors in
Section 110-5 of this Code, that this will reasonably
ensure the appearance of the defendant and compliance by
the defendant with all conditions of release.

(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those
consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a
defendant before his or her first appearance in court, the
court shall grant any reasonable request for a continuance of
the proceedings to allow contact with the defendant's
consulate. Any delay caused by the granting of the request by a
defendant shall temporarily suspend for the time of the delay
the period within which a person shall be tried as prescribed
by subsections (a), (b), or (e) of Section 103-5 of this Code
and on the day of the expiration of delay the period shall
continue at the point at which it was suspended.
(Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1,
eff. 1-1-18.)
(Text of Section after amendment by P.A. 101-652)
Sec. 109-1. Person arrested; release from law enforcement

custody and court appearance; geographical constraints prevent
in-person appearances.
(a) A person arrested with or without a warrant for an
offense for which pretrial release may be denied under
paragraphs (1) through (6) of Section 110-6.1 shall be taken
without unnecessary delay before the nearest and most
accessible judge in that county, except when such county is a
participant in a regional jail authority, in which event such
person may be taken to the nearest and most accessible judge,
irrespective of the county where such judge presides, and a
charge shall be filed. Whenever a person arrested either with
or without a warrant is required to be taken before a judge, a
charge may be filed against such person by way of a two-way
closed circuit television system, except that a hearing to
deny pretrial release to the defendant may not be conducted by
way of closed circuit television.
(a-1) Law enforcement shall issue a citation in lieu of
custodial arrest, upon proper identification, for those
accused of traffic and Class B and C criminal misdemeanor
offenses, or of petty and business offenses, who pose no
obvious threat to the community or any person, or who have no
obvious medical or mental health issues that pose a risk to
their own safety. Those released on citation shall be
scheduled into court within 21 days.
(a-3) A person arrested with or without a warrant for an
offense for which pretrial release may not be denied may,

except as otherwise provided in this Code, be released by the
officer without appearing before a judge. The releasing
officer shall issue the person a summons to appear within 21
days. A presumption in favor of pretrial release shall be by
applied by an arresting officer in the exercise of his or her
discretion under this Section.
(a-5) A person charged with an offense shall be allowed
counsel at the hearing at which pretrial release is determined
under Article 110 of this Code. If the defendant desires
counsel for his or her initial appearance but is unable to
obtain counsel, the court shall appoint a public defender or
licensed attorney at law of this State to represent him or her
for purposes of that hearing.
(b) Upon initial appearance of a person before the court,
the judge shall:
(1) inform the defendant of the charge against him and
shall provide him with a copy of the charge;
(2) advise the defendant of his right to counsel and
if indigent shall appoint a public defender or licensed
attorney at law of this State to represent him in
accordance with the provisions of Section 113-3 of this
Code;
(3) schedule a preliminary hearing in appropriate
cases;
(4) admit the defendant to pretrial release in
accordance with the provisions of Article 110 110/5 of

this Code, or upon verified petition of the State, proceed
with the setting of a detention hearing as provided in
Section 110-6.1; and
(5) order Order the confiscation of the person's
passport or impose travel restrictions on a defendant
arrested for first degree murder or other violent crime as
defined in Section 3 of the Rights of Crime Victims and
Witnesses Act, if the judge determines, based on the
factors in Section 110-5 of this Code, that this will
reasonably ensure the appearance of the defendant and
compliance by the defendant with all conditions of
release.
(c) The court may issue an order of protection in
accordance with the provisions of Article 112A of this Code.
Crime victims shall be given notice by the State's Attorney's
office of this hearing as required in paragraph (2) of
subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain an order of protection under Article
112A of this Code.
(d) At the initial appearance of a defendant in any
criminal proceeding, the court must advise the defendant in
open court that any foreign national who is arrested or
detained has the right to have notice of the arrest or
detention given to his or her country's consular
representatives and the right to communicate with those

consular representatives if the notice has not already been
provided. The court must make a written record of so advising
the defendant.
(e) If consular notification is not provided to a
defendant before his or her first appearance in court, the
court shall grant any reasonable request for a continuance of
the proceedings to allow contact with the defendant's
consulate. Any delay caused by the granting of the request by a
defendant shall temporarily suspend for the time of the delay
the period within which a person shall be tried as prescribed
by subsection subsections (a), (b), or (e) of Section 103-5 of
this Code and on the day of the expiration of delay the period
shall continue at the point at which it was suspended.
(f) At the hearing at which conditions of pretrial release
are determined, the person charged shall be present in person
rather than by video phone or any other form of electronic
communication, unless the physical health and safety of the
person would be endangered by appearing in court or the
accused waives the right to be present in person.
(g) Defense counsel shall be given adequate opportunity to
confer with the defendant Defendant prior to any hearing in
which conditions of release or the detention of the defendant
Defendant is to be considered, with a physical accommodation
made to facilitate attorney/client consultation.
(Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23;
revised 11-24-21.)

(725 ILCS 5/110-1) (from Ch. 38, par. 110-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-1. Definitions.
(a) "Security" is that which is required to be pledged to
insure the payment of bail.
(b) "Sureties" encompasses the monetary and nonmonetary
requirements set by the court as conditions for release either
before or after conviction. "Surety" is one who executes a
bail bond and binds himself to pay the bail if the person in
custody fails to comply with all conditions of the bail bond.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction.
(d) "Real and present threat to the physical safety of any
person or persons", as used in this Article, includes a threat
to the community, person, persons or class of persons.
(Source: P.A. 85-892.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-1. Definitions. As used in this Article:
(a) (Blank).
(b) "Sureties" encompasses the monetary and nonmonetary

requirements set by the court as conditions for release either
before or after conviction.
(c) The phrase "for which a sentence of imprisonment,
without conditional and revocable release, shall be imposed by
law as a consequence of conviction" means an offense for which
a sentence of imprisonment, without probation, periodic
imprisonment or conditional discharge, is required by law upon
conviction.
(d) (Blank).)
(e) "Willful flight" means planning or attempting to
intentionally evade prosecution by concealing oneself. Simple
past non-appearance in court alone is not evidence of future
intent to evade prosecution.
(Source: P.A. 101-652, eff. 1-1-23; revised 11-24-21.)
(725 ILCS 5/110-3) (from Ch. 38, par. 110-3)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-3. Issuance of warrant. Upon failure to comply
with any condition of a bail bond or recognizance, the court
having jurisdiction at the time of such failure may, in
addition to any other action provided by law, issue a warrant
for the arrest of the person at liberty on bail or his own
recognizance. The contents of such a warrant shall be the same
as required for an arrest warrant issued upon complaint. When
a defendant is at liberty on bail or his own recognizance on a
felony charge and fails to appear in court as directed, the

court shall issue a warrant for the arrest of such person. Such
warrant shall be noted with a directive to peace officers to
arrest the person and hold such person without bail and to
deliver such person before the court for further proceedings.
A defendant who is arrested or surrenders within 30 days of the
issuance of such warrant shall not be bailable in the case in
question unless he shows by the preponderance of the evidence
that his failure to appear was not intentional.
(Source: P.A. 86-298; 86-984; 86-1028; revised 12-13-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-3. Options for warrant alternatives.
(a) Upon failure to comply with any condition of pretrial
release or recognizance, the court having jurisdiction at the
time of such failure may, on its own motion or upon motion from
the State, issue an order to show cause as to why he or she
shall not be subject to revocation of pretrial release, or for
sanctions, as provided in Section 110-6. Nothing in this
Section prohibits the court from issuing a warrant under
subsection (c) upon failure to comply with any condition of
pretrial release or recognizance.
(b) The order issued by the court shall state the facts
alleged to constitute the hearing to show cause or otherwise
why the person is subject to revocation of pretrial release. A
certified copy of the order shall be served upon the person at
least 48 hours in advance of the scheduled hearing.

(c) If the person does not appear at the hearing to show
cause or absconds, the court may, in addition to any other
action provided by law, issue a warrant for the arrest of the
person at liberty on pretrial release. The contents of such a
warrant shall be the same as required for an arrest warrant
issued upon complaint and may modify any previously imposed
conditions placed upon the person, rather than revoking
pretrial release or issuing a warrant for the person in
accordance with the requirements in subsections (d) and (e) of
Section 110-5. When a defendant is at liberty on pretrial
release or his own recognizance on a felony charge and fails to
appear in court as directed, the court may issue a warrant for
the arrest of such person after his or her failure to appear at
the show for cause hearing as provided in this Section. Such
warrant shall be noted with a directive to peace officers to
arrest the person and hold such person without pretrial
release and to deliver such person before the court for
further proceedings.
(d) If the order as described in subsection (b) Subsection
B is issued, a failure to appear shall not be recorded until
the defendant Defendant fails to appear at the hearing to show
cause. For the purpose of any risk assessment or future
evaluation of risk of willful flight or risk of failure to
appear, a non-appearance in court cured by an appearance at
the hearing to show cause shall not be considered as evidence
of future likelihood of appearance in court.

(Source: P.A. 101-652, eff. 1-1-23; revised 12-13-21.)
(725 ILCS 5/110-5) (from Ch. 38, par. 110-5)
(Text of Section before amendment by P.A. 101-652)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining the amount of monetary bail or
conditions of release, if any, which will reasonably assure
the appearance of a defendant as required or the safety of any
other person or the community and the likelihood of compliance
by the defendant with all the conditions of bail, the court
shall, on the basis of available information, take into
account such matters as the nature and circumstances of the
offense charged, whether the evidence shows that as part of
the offense there was a use of violence or threatened use of
violence, whether the offense involved corruption of public
officials or employees, whether there was physical harm or
threats of physical harm to any public official, public
employee, judge, prosecutor, juror or witness, senior citizen,
child, or person with a disability, whether evidence shows
that during the offense or during the arrest the defendant
possessed or used a firearm, machine gun, explosive or metal
piercing ammunition or explosive bomb device or any military
or paramilitary armament, whether the evidence shows that the
offense committed was related to or in furtherance of the
criminal activities of an organized gang or was motivated by

the defendant's membership in or allegiance to an organized
gang, the condition of the victim, any written statement
submitted by the victim or proffer or representation by the
State regarding the impact which the alleged criminal conduct
has had on the victim and the victim's concern, if any, with
further contact with the defendant if released on bail,
whether the offense was based on racial, religious, sexual
orientation or ethnic hatred, the likelihood of the filing of
a greater charge, the likelihood of conviction, the sentence
applicable upon conviction, the weight of the evidence against
such defendant, whether there exists motivation or ability to
flee, whether there is any verification as to prior residence,
education, or family ties in the local jurisdiction, in
another county, state or foreign country, the defendant's
employment, financial resources, character and mental
condition, past conduct, prior use of alias names or dates of
birth, and length of residence in the community, the consent
of the defendant to periodic drug testing in accordance with
Section 110-6.5, whether a foreign national defendant is
lawfully admitted in the United States of America, whether the
government of the foreign national maintains an extradition
treaty with the United States by which the foreign government
will extradite to the United States its national for a trial
for a crime allegedly committed in the United States, whether
the defendant is currently subject to deportation or exclusion
under the immigration laws of the United States, whether the

defendant, although a United States citizen, is considered
under the law of any foreign state a national of that state for
the purposes of extradition or non-extradition to the United
States, the amount of unrecovered proceeds lost as a result of
the alleged offense, the source of bail funds tendered or
sought to be tendered for bail, whether from the totality of
the court's consideration, the loss of funds posted or sought
to be posted for bail will not deter the defendant from flight,
whether the evidence shows that the defendant is engaged in
significant possession, manufacture, or delivery of a
controlled substance or cannabis, either individually or in
consort with others, whether at the time of the offense
charged he or she was on bond or pre-trial release pending
trial, probation, periodic imprisonment or conditional
discharge pursuant to this Code or the comparable Code of any
other state or federal jurisdiction, whether the defendant is
on bond or pre-trial release pending the imposition or
execution of sentence or appeal of sentence for any offense
under the laws of Illinois or any other state or federal
jurisdiction, whether the defendant is under parole, aftercare
release, mandatory supervised release, or work release from
the Illinois Department of Corrections or Illinois Department
of Juvenile Justice or any penal institution or corrections
department of any state or federal jurisdiction, the
defendant's record of convictions, whether the defendant has
been convicted of a misdemeanor or ordinance offense in

Illinois or similar offense in other state or federal
jurisdiction within the 10 years preceding the current charge
or convicted of a felony in Illinois, whether the defendant
was convicted of an offense in another state or federal
jurisdiction that would be a felony if committed in Illinois
within the 20 years preceding the current charge or has been
convicted of such felony and released from the penitentiary
within 20 years preceding the current charge if a penitentiary
sentence was imposed in Illinois or other state or federal
jurisdiction, the defendant's records of juvenile adjudication
of delinquency in any jurisdiction, any record of appearance
or failure to appear by the defendant at court proceedings,
whether there was flight to avoid arrest or prosecution,
whether the defendant escaped or attempted to escape to avoid
arrest, whether the defendant refused to identify himself or
herself, or whether there was a refusal by the defendant to be
fingerprinted as required by law. Information used by the
court in its findings or stated in or offered in connection
with this Section may be by way of proffer based upon reliable
information offered by the State or defendant. All evidence
shall be admissible if it is relevant and reliable regardless
of whether it would be admissible under the rules of evidence
applicable at criminal trials. If the State presents evidence
that the offense committed by the defendant was related to or
in furtherance of the criminal activities of an organized gang
or was motivated by the defendant's membership in or

allegiance to an organized gang, and if the court determines
that the evidence may be substantiated, the court shall
prohibit the defendant from associating with other members of
the organized gang as a condition of bail or release. For the
purposes of this Section, "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.
(a-5) There shall be a presumption that any conditions of
release imposed shall be non-monetary in nature and the court
shall impose the least restrictive conditions or combination
of conditions necessary to reasonably assure the appearance of
the defendant for further court proceedings and protect the
integrity of the judicial proceedings from a specific threat
to a witness or participant. Conditions of release may
include, but not be limited to, electronic home monitoring,
curfews, drug counseling, stay-away orders, and in-person
reporting. The court shall consider the defendant's
socio-economic circumstance when setting conditions of release
or imposing monetary bail.
(b) The amount of bail shall be:
(1) Sufficient to assure compliance with the
conditions set forth in the bail bond, which shall include
the defendant's current address with a written
admonishment to the defendant that he or she must comply
with the provisions of Section 110-12 regarding any change
in his or her address. The defendant's address shall at

all times remain a matter of public record with the clerk
of the court.
(2) Not oppressive.
(3) Considerate of the financial ability of the
accused.
(4) When a person is charged with a drug related
offense involving possession or delivery of cannabis or
possession or delivery of a controlled substance as
defined in the Cannabis Control Act, the Illinois
Controlled Substances Act, or the Methamphetamine Control
and Community Protection Act, the full street value of the
drugs seized shall be considered. "Street value" shall be
determined by the court on the basis of a proffer by the
State based upon reliable information of a law enforcement
official contained in a written report as to the amount
seized and such proffer may be used by the court as to the
current street value of the smallest unit of the drug
seized.
(b-5) Upon the filing of a written request demonstrating
reasonable cause, the State's Attorney may request a source of
bail hearing either before or after the posting of any funds.
If the hearing is granted, before the posting of any bail, the
accused must file a written notice requesting that the court
conduct a source of bail hearing. The notice must be
accompanied by justifying affidavits stating the legitimate
and lawful source of funds for bail. At the hearing, the court

shall inquire into any matters stated in any justifying
affidavits, and may also inquire into matters appropriate to
the determination which shall include, but are not limited to,
the following:
(1) the background, character, reputation, and
relationship to the accused of any surety; and
(2) the source of any money or property deposited by
any surety, and whether any such money or property
constitutes the fruits of criminal or unlawful conduct;
and
(3) the source of any money posted as cash bail, and
whether any such money constitutes the fruits of criminal
or unlawful conduct; and
(4) the background, character, reputation, and
relationship to the accused of the person posting cash
bail.
Upon setting the hearing, the court shall examine, under
oath, any persons who may possess material information.
The State's Attorney has a right to attend the hearing, to
call witnesses and to examine any witness in the proceeding.
The court shall, upon request of the State's Attorney,
continue the proceedings for a reasonable period to allow the
State's Attorney to investigate the matter raised in any
testimony or affidavit. If the hearing is granted after the
accused has posted bail, the court shall conduct a hearing
consistent with this subsection (b-5). At the conclusion of

the hearing, the court must issue an order either approving or
disapproving the bail.
(c) When a person is charged with an offense punishable by
fine only the amount of the bail shall not exceed double the
amount of the maximum penalty.
(d) When a person has been convicted of an offense and only
a fine has been imposed the amount of the bail shall not exceed
double the amount of the fine.
(e) The State may appeal any order granting bail or
setting a given amount for bail.
(f) When a person is charged with 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 when a person is
charged with domestic battery, aggravated domestic battery,
kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through
electronic communications, or an attempt to commit first
degree murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence

Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing
alcohol or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
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;
(9) 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;
(10) 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 or victim's family member
or members;

(11) whether the person has expressed suicidal or
homicidal ideations;
(12) based on any information contained in the
complaint and any police reports, affidavits, or other
documents accompanying the complaint,
the court may, in its discretion, order the respondent to
undergo a risk assessment evaluation using a recognized,
evidence-based instrument conducted by an Illinois Department
of Human Services approved partner abuse intervention program
provider, pretrial service, probation, or parole agency. These
agencies shall have access to summaries of the defendant's
criminal history, which shall not include victim interviews or
information, for the risk evaluation. Based on the information
collected from the 12 points to be considered at a bail hearing
under this subsection (f), the results of any risk evaluation
conducted and the other circumstances of the violation, the
court may order that the person, as a condition of bail, be
placed under electronic surveillance as provided in Section
5-8A-7 of the Unified Code of Corrections. Upon making a
determination whether or not to order the respondent to
undergo a risk assessment evaluation or to be placed under
electronic surveillance and risk assessment, the court shall
document in the record the court's reasons for making those
determinations. The cost of the electronic surveillance and
risk assessment shall be paid by, or on behalf, of the
defendant. As used in this subsection (f), "intimate partner"

means a spouse or a current or former partner in a cohabitation
or dating relationship.
(Source: P.A. 99-143, eff. 7-27-15; 100-1, eff. 1-1-18;
102-28, eff. 6-25-21; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 110-5. Determining the amount of bail and conditions
of release.
(a) In determining which or conditions of pretrial
release, if any, which will reasonably assure the appearance
of a defendant as required or the safety of any other person or
the community and the likelihood of compliance by the
defendant with all the conditions of pretrial release, the
court shall, on the basis of available information, take into
account such matters as:
(1) the nature and circumstances of the offense
charged;
(2) the weight of the evidence against the eligible
defendant, except that the court may consider the
admissibility of any evidence sought to be excluded;
(3) the history and characteristics of the eligible
defendant, including:
(A) the eligible defendant's character, physical
and mental condition, family ties, employment,
financial resources, length of residence in the
community, community ties, past relating to drug or

alcohol abuse, conduct, history criminal history, and
record concerning appearance at court proceedings; and
(B) whether, at the time of the current offense or
arrest, the eligible defendant was on probation,
parole, or on other release pending trial, sentencing,
appeal, or completion of sentence for an offense under
federal law, or the law of this or any other state;
(4) the nature and seriousness of the specific, real
and present threat to any person that would be posed by the
eligible defendant's release, if applicable, ; as required
under paragraph (7.5) of Section 4 of the Rights of Crime
Victims and Witnesses Act; and
(5) the nature and seriousness of the risk of
obstructing or attempting to obstruct the criminal justice
process that would be posed by the eligible defendant's
release, if applicable.
(b) The court shall impose any conditions that are
mandatory under Section 110-10. The court may impose any
conditions that are permissible under Section 110-10.
(b-5) When a person is charged with 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 when a person is
charged with domestic battery, aggravated domestic battery,
kidnapping, aggravated kidnaping, unlawful restraint,
aggravated unlawful restraint, stalking, aggravated stalking,
cyberstalking, harassment by telephone, harassment through

electronic communications, or an attempt to commit first
degree murder committed against an intimate partner regardless
whether an order of protection has been issued against the
person,
(1) whether the alleged incident involved harassment
or abuse, as defined in the Illinois Domestic Violence Act
of 1986;
(2) whether the person has a history of domestic
violence, as defined in the Illinois Domestic Violence
Act, or a history of other criminal acts;
(3) based on the mental health of the person;
(4) whether the person has a history of violating the
orders of any court or governmental entity;
(5) whether the person has been, or is, potentially a
threat to any other person;
(6) whether the person has access to deadly weapons or
a history of using deadly weapons;
(7) whether the person has a history of abusing
alcohol or any controlled substance;
(8) based on the severity of the alleged incident that
is the basis of the alleged offense, including, but not
limited to, the duration of the current incident, and
whether the alleged incident involved the use of a weapon,
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;

(9) whether a separation of the person from the victim
of abuse or a termination of the relationship between the
person and the victim of abuse has recently occurred or is
pending;
(10) whether the person has exhibited obsessive or
controlling behaviors toward the victim of abuse,
including, but not limited to, stalking, surveillance, or
isolation of the victim of abuse or victim's family member
or members;
(11) whether the person has expressed suicidal or
homicidal ideations;
(11.5) any other factors 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.
(c) In cases of stalking or aggravated stalking under
Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
court may consider the following additional factors:
(1) 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;
(2) 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
allegedly assaulted by the defendant;
(6) Whether the defendant is known to possess or have
access to any weapon or weapons;
(7) Any other factors 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.
(d) The Court may use a regularly validated risk
assessment tool to aid its determination of appropriate
conditions of release as provided for in Section 110-6.4. Risk
assessment tools may not be used as the sole basis to deny
pretrial release. If a risk assessment tool is used, the
defendant's counsel shall be provided with the information and
scoring system of the risk assessment tool used to arrive at
the determination. The defendant retains the right to
challenge the validity of a risk assessment tool used by the
court and to present evidence relevant to the defendant's
challenge.

(e) If a person remains in pretrial detention after his or
her pretrial conditions hearing after having been ordered
released with pretrial conditions, the court shall hold a
hearing to determine the reason for continued detention. If
the reason for continued detention is due to the
unavailability or the defendant's ineligibility for one or
more pretrial conditions previously ordered by the court or
directed by a pretrial services agency, the court shall reopen
the conditions of release hearing to determine what available
pretrial conditions exist that will reasonably assure the
appearance of a defendant as required or the safety of any
other person and the likelihood of compliance by the defendant
with all the conditions of pretrial release. The inability of
the defendant Defendant to pay for a condition of release or
any other ineligibility for a condition of pretrial release
shall not be used as a justification for the pretrial
detention of that defendant Defendant.
(f) Prior to the defendant's first appearance, the Court
shall appoint the public defender or a licensed attorney at
law of this State to represent the defendant Defendant for
purposes of that hearing, unless the defendant has obtained
licensed counsel for themselves.
(g) Electronic monitoring, GPS monitoring, or home
confinement can only be imposed as a condition of pretrial
release if a no less restrictive condition of release or
combination of less restrictive condition of release would

reasonably ensure the appearance of the defendant for later
hearings or protect an identifiable person or persons from
imminent threat of serious physical harm.
(h) If the court imposes electronic monitoring, GPS
monitoring, or home confinement, the court shall set forth in
the record the basis for its finding. A defendant shall be
given custodial credit for each day he or she was subjected to
that program, at the same rate described in subsection (b) of
Section 5-4.5-100 of the Unified Code of Corrections unified
code of correction.
(i) If electronic monitoring, GPS monitoring, or home
confinement is imposed, the court shall determine every 60
days if no less restrictive condition of release or
combination of less restrictive conditions of release would
reasonably ensure the appearance, or continued appearance, of
the defendant for later hearings or protect an identifiable
person or persons from imminent threat of serious physical
harm. If the court finds that there are less restrictive
conditions of release, the court shall order that the
condition be removed. This subsection takes effect January 1,
2022.
(j) Crime Victims shall be given notice by the State's
Attorney's office of this hearing as required in paragraph (1)
of subsection (b) of Section 4.5 of the Rights of Crime Victims
and Witnesses Act and shall be informed of their opportunity
at this hearing to obtain an order of protection under Article

112A of this Code.
(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
102-558, eff. 8-20-21; revised 12-15-21.)
(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
Sec. 112A-14. Domestic violence order of protection;
remedies.
(a) (Blank).
(b) The court may order any of the remedies listed in this
subsection (b). The remedies listed in this subsection (b)
shall be in addition to other civil or criminal remedies
available to petitioner.
(1) Prohibition of abuse. Prohibit respondent's
harassment, interference with personal liberty,
intimidation of a dependent, physical abuse, or willful
deprivation, as defined in this Article, if such abuse has
occurred or otherwise appears likely to occur if not
prohibited.
(2) Grant of exclusive possession of residence.
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of

Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not

have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from

petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs
and in the presence of an agreed-upon adult third
party or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing
relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as

determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance

center to which the respondent is transferred. If the
court order results in a transfer of the minor
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers, or any other guidance service
the court deems appropriate. The court may order the
respondent in any intimate partner relationship to report

to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in

Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the
best interests of the minor child.
The court shall not be limited by the standards set
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting

time shall refer merely to the term "reasonable parenting
time". Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.
(9) Order to appear. Order the respondent to appear in
court, alone or with a minor child, to prevent abuse,
neglect, removal or concealment of the child, to return
the child to the custody or care of the petitioner, or to
permit any court-ordered interview or examination of the
child or the respondent.
(10) Possession of personal property. Grant petitioner

exclusive possession of personal property and, if
respondent has possession or control, direct respondent to
promptly make it available to petitioner, if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the petitioner and respondent own the
property jointly; sharing it would risk abuse of
petitioner by respondent or is impracticable; and the
balance of hardships favors temporary possession by
petitioner.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
award petitioner temporary possession thereof under the
standards of subparagraph (ii) of this paragraph only if a
proper proceeding has been filed under the Illinois
Marriage and Dissolution of Marriage Act, as now or
hereafter amended.
No order under this provision shall affect title to
property.
(11) Protection of property. Forbid the respondent
from taking, transferring, encumbering, concealing,
damaging, or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or

(ii) the petitioner and respondent own the
property jointly, and the balance of hardships favors
granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has

a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating petitioner's
significant decision-making responsibility unless
otherwise provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse. Such losses shall include, but not be limited
to, medical expenses, lost earnings or other support,
repair or replacement of property damaged or taken,
reasonable attorney's fees, court costs, and moving or
other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order

respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing
domestic violence order of protection issued under
this Code may not lawfully possess weapons or a
Firearm Owner's Identification Card under Section 8.2
of the Firearm Owners Identification Card Act.
(B) Any firearms in the possession of the
respondent, except as provided in subparagraph (C) of
this paragraph (14.5), shall be ordered by the court
to be turned over to a person with a valid Firearm

Owner's Identification Card for safekeeping. The court
shall issue an order that the respondent comply with
Section 9.5 of the Firearm Owners Identification Card
Act. Illinois
(C) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the domestic
violence order of protection.
(D) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with

respondent.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5
of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.

(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for

and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.

(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,

other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the
petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,

and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at
a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or

territory, any other statute of this State, or by any
foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both
parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless

that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such
force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; revised 11-2-21.)
(725 ILCS 5/112A-20) (from Ch. 38, par. 112A-20)
Sec. 112A-20. Duration and extension of final protective
orders.
(a) (Blank).
(b) A final protective order shall remain in effect as
follows:

(1) if entered during pre-trial release, until
disposition, withdrawal, or dismissal of the underlying
charge; if, however, the case is continued as an
independent cause of action, the order's duration may be
for a fixed period of time not to exceed 2 years;
(2) if in effect in conjunction with a bond forfeiture
warrant, until final disposition or an additional period
of time not exceeding 2 years; no domestic violence order
of protection, however, shall be terminated by a dismissal
that is accompanied by the issuance of a bond forfeiture
warrant;
(3) until 2 years after the expiration of any
supervision, conditional discharge, probation, periodic
imprisonment, parole, aftercare release, or mandatory
supervised release for domestic violence orders of
protection and civil no contact orders;
(4) until 2 years after the date set by the court for
expiration of any sentence of imprisonment and subsequent
parole, aftercare release, or mandatory supervised release
for domestic violence orders of protection and civil no
contact orders;
(5) permanent for a stalking no contact order if a
judgment of conviction for stalking is entered; or
(6) permanent for a civil no contact order at the
victim's request if a judgment of conviction for criminal
sexual assault, aggravated criminal sexual assault,

criminal sexual abuse, excluding a conviction under
subsection (c) of Section 11-1.50 of the Criminal Code of
2012, or aggravated criminal sexual abuse is entered.
(c) Computation of time. The duration of a domestic
violence order of protection shall not be reduced by the
duration of any prior domestic violence order of protection.
(d) Law enforcement records. When a protective order
expires upon the occurrence of a specified event, rather than
upon a specified date as provided in subsection (b), no
expiration date shall be entered in Illinois State Police
records. To remove the protective order from those records,
either the petitioner or the respondent shall request the
clerk of the court to file a certified copy of an order stating
that the specified event has occurred or that the protective
order has been vacated or modified with the sheriff, and the
sheriff shall direct that law enforcement records shall be
promptly corrected in accordance with the filed order.
(e) Extension of Orders. Any domestic violence order of
protection or civil no contact order that expires 2 years
after the expiration of the defendant's sentence under
paragraph (2), (3), or (4) of subsection (b) of Section
112A-20 of this Article may be extended one or more times, as
required. The petitioner, petitioner's counsel, or the State's
Attorney on the petitioner's behalf shall file the motion for
an extension of the final protective order in the criminal
case and serve the motion in accordance with Supreme Court

Rules 11 and 12. The court shall transfer the motion to the
appropriate court or division for consideration under
subsection (e) of Section 220 of the Illinois Domestic
Violence Act of 1986, subsection (c) of Section 216 of the
Civil No Contact Order Act, or subsection (c) of Section 105 of
the Stalking No Contact Order as appropriate.
(f) Termination date. Any final protective order which
would expire on a court holiday shall instead expire at the
close of the next court business day.
(g) Statement of purpose. The practice of dismissing or
suspending a criminal prosecution in exchange for issuing a
protective order undermines the purposes of this Article. This
Section shall not be construed as encouraging that practice.
(Source: P.A. 102-184, eff. 1-1-22; 102-538, eff. 8-20-21;
revised 10-20-21.)
(725 ILCS 5/112A-23) (from Ch. 38, par. 112A-23)
(Text of Section before amendment by P.A. 101-652)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective
order, whether issued in a civil, quasi-criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:

(i) remedies described in paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 112A-14 of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 214 of the Illinois Domestic Violence Act of
1986, in a valid order of protection, which is
authorized under the laws of another state, tribe, or
United States territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of
1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraph paragraphs
(5), (6), or (8) of subsection (b) of Section 112A-14
of this Code, or
(ii) a remedy, which is substantially similar to

the remedies authorized under paragraph paragraphs
(1), (5), (6), or (8) of subsection (b) of Section 214
of the Illinois Domestic Violence Act of 1986, in a
valid domestic violence order of protection, which is
authorized under the laws of another state, tribe, or
United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.
(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the protective order were committed, to the extent consistent

with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any
valid protective order issued in another state. Illinois
courts may enforce protective orders through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the
constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental
responsibility, or support orders. A violation of remedies
described in paragraph paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 112A-14 of this Code may be enforced
by any remedy provided by Section 607.5 of the Illinois
Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of

subsection (b) of Section 112A-14 of this Code in the manner
provided for under Parts V and VII of the Illinois Marriage and
Dissolution of Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.
(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of

1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection subsections
(a) or (b) of this Section, the penalty shall be the
penalty that generally applies in such criminal or
contempt proceedings, and may include one or more of the
following: incarceration, payment of restitution, a fine,
payment of attorneys' fees and costs, or community
service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is
encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;

(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to increase, revoke, or modify the bail bond
on an underlying criminal charge pursuant to Section
110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified
Code of Corrections.
(Source: P.A. 102-184, eff. 1-1-22; 102-558, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 112A-23. Enforcement of protective orders.
(a) When violation is crime. A violation of any protective

order, whether issued in a civil, quasi-criminal proceeding,
shall be enforced by a criminal court when:
(1) The respondent commits the crime of violation of a
domestic violence order of protection pursuant to Section
12-3.4 or 12-30 of the Criminal Code of 1961 or the
Criminal Code of 2012, by having knowingly violated:
(i) remedies described in paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 112A-14 of this Code,
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph paragraphs
(1), (2), (3), (14), or (14.5) of subsection (b) of
Section 214 of the Illinois Domestic Violence Act of
1986, in a valid order of protection, which is
authorized under the laws of another state, tribe, or
United States territory, or
(iii) any other remedy when the act constitutes a
crime against the protected parties as defined by the
Criminal Code of 1961 or the Criminal Code of 2012.
Prosecution for a violation of a domestic violence
order of protection shall not bar concurrent prosecution
for any other crime, including any crime that may have
been committed at the time of the violation of the
domestic violence order of protection; or
(2) The respondent commits the crime of child
abduction pursuant to Section 10-5 of the Criminal Code of

1961 or the Criminal Code of 2012, by having knowingly
violated:
(i) remedies described in paragraph paragraphs
(5), (6), or (8) of subsection (b) of Section 112A-14
of this Code, or
(ii) a remedy, which is substantially similar to
the remedies authorized under paragraph paragraphs
(1), (5), (6), or (8) of subsection (b) of Section 214
of the Illinois Domestic Violence Act of 1986, in a
valid domestic violence order of protection, which is
authorized under the laws of another state, tribe, or
United States territory.
(3) The respondent commits the crime of violation of a
civil no contact order when the respondent violates
Section 12-3.8 of the Criminal Code of 2012. Prosecution
for a violation of a civil no contact order shall not bar
concurrent prosecution for any other crime, including any
crime that may have been committed at the time of the
violation of the civil no contact order.
(4) The respondent commits the crime of violation of a
stalking no contact order when the respondent violates
Section 12-3.9 of the Criminal Code of 2012. Prosecution
for a violation of a stalking no contact order shall not
bar concurrent prosecution for any other crime, including
any crime that may have been committed at the time of the
violation of the stalking no contact order.

(b) When violation is contempt of court. A violation of
any valid protective order, whether issued in a civil or
criminal proceeding, may be enforced through civil or criminal
contempt procedures, as appropriate, by any court with
jurisdiction, regardless where the act or acts which violated
the protective order were committed, to the extent consistent
with the venue provisions of this Article. Nothing in this
Article shall preclude any Illinois court from enforcing any
valid protective order issued in another state. Illinois
courts may enforce protective orders through both criminal
prosecution and contempt proceedings, unless the action which
is second in time is barred by collateral estoppel or the
constitutional prohibition against double jeopardy.
(1) In a contempt proceeding where the petition for a
rule to show cause sets forth facts evidencing an
immediate danger that the respondent will flee the
jurisdiction, conceal a child, or inflict physical abuse
on the petitioner or minor children or on dependent adults
in petitioner's care, the court may order the attachment
of the respondent without prior service of the rule to
show cause or the petition for a rule to show cause. Bond
shall be set unless specifically denied in writing.
(2) A petition for a rule to show cause for violation
of a protective order shall be treated as an expedited
proceeding.
(c) Violation of custody, allocation of parental

responsibility, or support orders. A violation of remedies
described in paragraph paragraphs (5), (6), (8), or (9) of
subsection (b) of Section 112A-14 of this Code may be enforced
by any remedy provided by Section 607.5 of the Illinois
Marriage and Dissolution of Marriage Act. The court may
enforce any order for support issued under paragraph (12) of
subsection (b) of Section 112A-14 of this Code in the manner
provided for under Parts V and VII of the Illinois Marriage and
Dissolution of Marriage Act.
(d) Actual knowledge. A protective order may be enforced
pursuant to this Section if the respondent violates the order
after the respondent has actual knowledge of its contents as
shown through one of the following means:
(1) (Blank).
(2) (Blank).
(3) By service of a protective order under subsection
(f) of Section 112A-17.5 or Section 112A-22 of this Code.
(4) By other means demonstrating actual knowledge of
the contents of the order.
(e) The enforcement of a protective order in civil or
criminal court shall not be affected by either of the
following:
(1) The existence of a separate, correlative order
entered under Section 112A-15 of this Code.
(2) Any finding or order entered in a conjoined
criminal proceeding.

(e-5) If a civil no contact order entered under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 conflicts with an order issued pursuant to the Juvenile
Court Act of 1987 or the Illinois Marriage and Dissolution of
Marriage Act, the conflicting order issued under subsection
(6) of Section 112A-20 of the Code of Criminal Procedure of
1963 shall be void.
(f) Circumstances. The court, when determining whether or
not a violation of a protective order has occurred, shall not
require physical manifestations of abuse on the person of the
victim.
(g) Penalties.
(1) Except as provided in paragraph (3) of this
subsection (g), where the court finds the commission of a
crime or contempt of court under subsection subsections
(a) or (b) of this Section, the penalty shall be the
penalty that generally applies in such criminal or
contempt proceedings, and may include one or more of the
following: incarceration, payment of restitution, a fine,
payment of attorneys' fees and costs, or community
service.
(2) The court shall hear and take into account
evidence of any factors in aggravation or mitigation
before deciding an appropriate penalty under paragraph (1)
of this subsection (g).
(3) To the extent permitted by law, the court is

encouraged to:
(i) increase the penalty for the knowing violation
of any protective order over any penalty previously
imposed by any court for respondent's violation of any
protective order or penal statute involving petitioner
as victim and respondent as defendant;
(ii) impose a minimum penalty of 24 hours
imprisonment for respondent's first violation of any
protective order; and
(iii) impose a minimum penalty of 48 hours
imprisonment for respondent's second or subsequent
violation of a protective order
unless the court explicitly finds that an increased
penalty or that period of imprisonment would be manifestly
unjust.
(4) In addition to any other penalties imposed for a
violation of a protective order, a criminal court may
consider evidence of any violations of a protective order:
(i) to modify the conditions of pretrial release
on an underlying criminal charge pursuant to Section
110-6 of this Code;
(ii) to revoke or modify an order of probation,
conditional discharge, or supervision, pursuant to
Section 5-6-4 of the Unified Code of Corrections;
(iii) to revoke or modify a sentence of periodic
imprisonment, pursuant to Section 5-7-2 of the Unified

Code of Corrections.
(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
102-558, eff. 8-20-21; revised 10-12-21.)
(725 ILCS 5/122-9)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 122-9 123. Motion to resentence by the People.
(a) The purpose of sentencing is to advance public safety
through punishment, rehabilitation, and restorative justice.
By providing a means to reevaluate a sentence after some time
has passed, the General Assembly intends to provide the
State's Attorney and the court with another tool to ensure
that these purposes are achieved.
(b) At any time upon the recommendation of the State's
Attorney of the county in which the defendant was sentenced,
the State's Attorney may petition the sentencing court or the
sentencing court's successor to resentence the offender if the
original sentence no longer advances the interests of justice.
The sentencing court or the sentencing court's successor may
resentence the offender if it finds that the original sentence
no longer advances the interests of justice.
(c) Upon the receipt of a petition for resentencing, the
court may resentence the defendant in the same manner as if the
offender had not previously been sentenced; however, the new
sentence, if any, may not be greater than the initial

sentence.
(d) The court may consider postconviction factors,
including, but not limited to, the inmate's disciplinary
record and record of rehabilitation while incarcerated;
evidence that reflects whether age, time served, and
diminished physical condition, if any, have reduced the
inmate's risk for future violence; and evidence that reflects
changed circumstances since the inmate's original sentencing
such that the inmate's continued incarceration no longer
serves the interests of justice. Credit shall be given for
time served.
(e) Victims shall be afforded all rights as outlined in
the Rights of Crime Victims and Witnesses Act.
(f) A resentencing under this Section shall not reopen the
defendant's conviction to challenges that would otherwise be
barred.
(g) Nothing in this Section shall be construed to limit
the power of the Governor under the Constitution to grant a
reprieve, commutation of sentence, or pardon.
(Source: P.A. 102-102, eff. 1-1-22; revised 9-29-21.)
Section 630. The Rights of Crime Victims and Witnesses Act
is amended by changing Section 4.5 as follows:
(725 ILCS 120/4.5)
(Text of Section before amendment by P.A. 101-652)

Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
(a-5) When law enforcement authorities reopen a closed
case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the

victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for
evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require
victims to be in close proximity to defendants or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the

right to have a translator present at all court
proceedings and, in compliance with the federal Americans
with Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have
present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain
an attorney, at the victim's own expense, who, upon
written notice filed with the clerk of the court and
State's Attorney, is to receive copies of all notices,
motions, and court orders filed thereafter in the case, in
the same manner as if the victim were a named party in the
case;
(9.5) shall inform the victim of (A) the victim's
right under Section 6 of this Act to make a statement at
the sentencing hearing; (B) the right of the victim's
spouse, guardian, parent, grandparent, and other immediate

family and household members under Section 6 of this Act
to present a statement at sentencing; and (C) if a
presentence report is to be prepared, the right of the
victim's spouse, guardian, parent, grandparent, and other
immediate family and household members to submit
information to the preparer of the presentence report
about the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the
crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on bail or personal recognizance or the

release from detention of a minor who has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the
right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal, and how to request
notice of any hearing, oral argument, or decision of an

appellate court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall
be given within 48 hours of the court's scheduling of the
hearing; and
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a
determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time
provide a revised written notice to the State's Attorney.
The State's Attorney shall file the written notice with
the court. At the beginning of any court proceeding in
which the right of a victim may be at issue, the court and

prosecutor shall review the written notice to determine
whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the

victim's attorney regarding the assertion or
enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the
victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, and the court
denies the assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the
victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a

victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall
be clearly stated on the record.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right
has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and
then awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled and may include
reopening previously held proceedings; however, in no
event shall the court vacate a conviction. Any remedy
shall be tailored to provide the victim an appropriate
remedy without violating any constitutional right of
the defendant. In no event shall the appropriate
remedy be a new trial, damages, or costs.
(6) Right to be heard. Whenever a victim has the right

to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding
that the victim's testimony will be materially affected if
the victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding
(i) the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the

anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be
issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled

inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the
support person as a witness at trial, the defendant
must seek permission of the court before a subpoena is
issued. The defendant must file a written motion at
least 45 days prior to trial that sets forth
specifically the issues on which the support person
will testify and an offer of proof regarding: (i) the
content of the anticipated testimony of the support
person; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a
different person to be the victim's support person.
The court may allow the defendant to inquire about
matters outside the scope of the direct examination
during cross-examination. If the court allows the

defendant to do so, the support person shall be
allowed to remain in the courtroom after the support
person has testified. A defendant who fails to
question the support person about matters outside the
scope of direct examination during the State's
case-in-chief waives the right to challenge the
presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the
court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the

anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records. A
defendant who seeks to subpoena records of or concerning
the victim that are confidential or privileged by law must
seek permission of the court before the subpoena is
issued. The defendant must file a written motion and an
offer of proof regarding the relevance, admissibility and
materiality of the records. If the court finds by a
preponderance of the evidence that: (A) the records are
not protected by an absolute privilege and (B) the records
contain relevant, admissible, and material evidence that

is not available through other witnesses or evidence, the
court shall issue a subpoena requiring a sealed copy of
the records be delivered to the court to be reviewed in
camera. If, after conducting an in camera review of the
records, the court determines that due process requires
disclosure of any portion of the records, the court shall
provide copies of what it intends to disclose to the
prosecuting attorney and the victim. The prosecuting
attorney and the victim shall have 30 days to seek
appellate review before the records are disclosed to the
defendant. The disclosure of copies of any portion of the
records to the prosecuting attorney does not make the
records subject to discovery.
(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of
the time, place, and purpose of the court proceeding and
that the victim had a right to be heard at the court
proceeding. If the court determines that timely notice was
not given or that the victim was not adequately informed
of the nature of the court proceeding, the court shall not
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time
necessary to notify the victim of the time, place and
nature of the court proceeding. The time between court

proceedings shall not be attributable to the State under
Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling
on a motion to continue trial or other court proceeding,
the court shall inquire into the circumstances for the
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has
not conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures

that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days
after sentencing. Failure to timely provide
information and documentation related to restitution
shall be deemed a waiver of the right to restitution.
The prosecutor shall file and serve within 60 days
after sentencing a proposed judgment for restitution
and a notice that includes information concerning the
identity of any victims or other persons seeking
restitution, whether any victim or other person
expressly declines restitution, the nature and amount
of any damages together with any supporting
documentation, a restitution amount recommendation,
and the names of any co-defendants and their case
numbers. Within 30 days after receipt of the proposed

judgment for restitution, the defendant shall file any
objection to the proposed judgment, a statement of
grounds for the objection, and a financial statement.
If the defendant does not file an objection, the court
may enter the judgment for restitution without further
proceedings. If the defendant files an objection and
either party requests a hearing, the court shall
schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before
providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been
redacted if there is a reasonable likelihood that the

information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days
of the trial court's ruling. The trial or appellate court
may stay the court proceedings if the court finds that a
stay would not violate a constitutional right of the
defendant. If the appellate court denies the relief
sought, the reasons for the denial shall be clearly stated
in a written opinion. In any appeal in a criminal case, the
State may assert as error the court's denial of any crime
victim's right in the proceeding to which the appeal
relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in denying or fixing the amount of bail,

determining whether to release the defendant, and setting
conditions of release after arrest and conviction. A
victim of domestic violence, a sexual offense, or stalking
may request the entry of a protective order under Article
112A of the Code of Criminal Procedure of 1963.
(d) Procedures after the imposition of sentence.
(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime
from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county
custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic

imprisonment. Notification shall be based on the most
recent information as to the victim's or other concerned
citizen's residence or other location available to the
notifying authority.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on
an off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;
death; or final discharge from State custody. The
Department of Human Services shall establish and maintain
a statewide telephone number to be used by victims to make
notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information

is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall
notify the victim.
(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner
Review Board or the Department of Juvenile Justice in
writing, on film, videotape, or other electronic means, or
in the form of a recording prior to the parole hearing or
target aftercare release date, or in person at the parole
hearing or aftercare release protest hearing, or by
calling the toll-free number established in subsection (f)
of this Section. The victim shall be notified within 7
days after the prisoner has been granted parole or
aftercare release and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act. Victim statements

provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act
101-288), except if the statement was an oral statement
made by the victim at a hearing open to the public.
(4-1) The crime victim has the right to submit a
victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice prior to or at
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate
sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence. A victim statement may be submitted in writing,
on film, videotape, or other electronic means, or in the
form of a recording, or orally at a hearing, or by calling
the toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288), except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-2) The crime victim has the right to submit a
victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided
in Section 3-3-13 of the Unified Code of Corrections. A

victim statement may be submitted in writing, on film,
videotape, or other electronic means, or in the form of a
recording prior to a hearing, or orally at a hearing, or by
calling the toll-free number established in subsection (f)
of this Section. Victim statements provided to the Board
shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the
effective date of Public Act 101-288), except if the
statement was an oral statement made by the victim at a
hearing open to the public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant
to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the

Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released
or discharged and subsequently committed to the Department
of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing
authority of the defendant's discharge, conditional
release, death, or escape from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department
of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile
Justice shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.

(e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
102-22, eff. 6-25-21; 102-558, eff. 8-20-21; revised
12-13-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 4.5. Procedures to implement the rights of crime
victims. To afford crime victims their rights, law
enforcement, prosecutors, judges, and corrections will provide
information, as appropriate, of the following procedures:
(a) At the request of the crime victim, law enforcement
authorities investigating the case shall provide notice of the
status of the investigation, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation, until such time
as the alleged assailant is apprehended or the investigation
is closed.
(a-5) When law enforcement authorities reopen a closed

case to resume investigating, they shall provide notice of the
reopening of the case, except where the State's Attorney
determines that disclosure of such information would
unreasonably interfere with the investigation.
(b) The office of the State's Attorney:
(1) shall provide notice of the filing of an
information, the return of an indictment, or the filing of
a petition to adjudicate a minor as a delinquent for a
violent crime;
(2) shall provide timely notice of the date, time, and
place of court proceedings; of any change in the date,
time, and place of court proceedings; and of any
cancellation of court proceedings. Notice shall be
provided in sufficient time, wherever possible, for the
victim to make arrangements to attend or to prevent an
unnecessary appearance at court proceedings;
(3) or victim advocate personnel shall provide
information of social services and financial assistance
available for victims of crime, including information of
how to apply for these services and assistance;
(3.5) or victim advocate personnel shall provide
information about available victim services, including
referrals to programs, counselors, and agencies that
assist a victim to deal with trauma, loss, and grief;
(4) shall assist in having any stolen or other
personal property held by law enforcement authorities for

evidentiary or other purposes returned as expeditiously as
possible, pursuant to the procedures set out in Section
115-9 of the Code of Criminal Procedure of 1963;
(5) or victim advocate personnel shall provide
appropriate employer intercession services to ensure that
employers of victims will cooperate with the criminal
justice system in order to minimize an employee's loss of
pay and other benefits resulting from court appearances;
(6) shall provide, whenever possible, a secure waiting
area during court proceedings that does not require
victims to be in close proximity to defendants or
juveniles accused of a violent crime, and their families
and friends;
(7) shall provide notice to the crime victim of the
right to have a translator present at all court
proceedings and, in compliance with the federal Americans
with Disabilities Act of 1990, the right to communications
access through a sign language interpreter or by other
means;
(8) (blank);
(8.5) shall inform the victim of the right to be
present at all court proceedings, unless the victim is to
testify and the court determines that the victim's
testimony would be materially affected if the victim hears
other testimony at trial;
(9) shall inform the victim of the right to have

present at all court proceedings, subject to the rules of
evidence and confidentiality, an advocate and other
support person of the victim's choice;
(9.3) shall inform the victim of the right to retain
an attorney, at the victim's own expense, who, upon
written notice filed with the clerk of the court and
State's Attorney, is to receive copies of all notices,
motions, and court orders filed thereafter in the case, in
the same manner as if the victim were a named party in the
case;
(9.5) shall inform the victim of (A) the victim's
right under Section 6 of this Act to make a statement at
the sentencing hearing; (B) the right of the victim's
spouse, guardian, parent, grandparent, and other immediate
family and household members under Section 6 of this Act
to present a statement at sentencing; and (C) if a
presentence report is to be prepared, the right of the
victim's spouse, guardian, parent, grandparent, and other
immediate family and household members to submit
information to the preparer of the presentence report
about the effect the offense has had on the victim and the
person;
(10) at the sentencing shall make a good faith attempt
to explain the minimum amount of time during which the
defendant may actually be physically imprisoned. The
Office of the State's Attorney shall further notify the

crime victim of the right to request from the Prisoner
Review Board or Department of Juvenile Justice information
concerning the release of the defendant;
(11) shall request restitution at sentencing and as
part of a plea agreement if the victim requests
restitution;
(12) shall, upon the court entering a verdict of not
guilty by reason of insanity, inform the victim of the
notification services available from the Department of
Human Services, including the statewide telephone number,
under subparagraph (d)(2) of this Section;
(13) shall provide notice within a reasonable time
after receipt of notice from the custodian, of the release
of the defendant on pretrial release or personal
recognizance or the release from detention of a minor who
has been detained;
(14) shall explain in nontechnical language the
details of any plea or verdict of a defendant, or any
adjudication of a juvenile as a delinquent;
(15) shall make all reasonable efforts to consult with
the crime victim before the Office of the State's Attorney
makes an offer of a plea bargain to the defendant or enters
into negotiations with the defendant concerning a possible
plea agreement, and shall consider the written statement,
if prepared prior to entering into a plea agreement. The
right to consult with the prosecutor does not include the

right to veto a plea agreement or to insist the case go to
trial. If the State's Attorney has not consulted with the
victim prior to making an offer or entering into plea
negotiations with the defendant, the Office of the State's
Attorney shall notify the victim of the offer or the
negotiations within 2 business days and confer with the
victim;
(16) shall provide notice of the ultimate disposition
of the cases arising from an indictment or an information,
or a petition to have a juvenile adjudicated as a
delinquent for a violent crime;
(17) shall provide notice of any appeal taken by the
defendant and information on how to contact the
appropriate agency handling the appeal, and how to request
notice of any hearing, oral argument, or decision of an
appellate court;
(18) shall provide timely notice of any request for
post-conviction review filed by the defendant under
Article 122 of the Code of Criminal Procedure of 1963, and
of the date, time and place of any hearing concerning the
petition. Whenever possible, notice of the hearing shall
be given within 48 hours of the court's scheduling of the
hearing;
(19) shall forward a copy of any statement presented
under Section 6 to the Prisoner Review Board or Department
of Juvenile Justice to be considered in making a

determination under Section 3-2.5-85 or subsection (b) of
Section 3-3-8 of the Unified Code of Corrections;
(20) shall, within a reasonable time, offer to meet
with the crime victim regarding the decision of the
State's Attorney not to charge an offense, and shall meet
with the victim, if the victim agrees. The victim has a
right to have an attorney, advocate, and other support
person of the victim's choice attend this meeting with the
victim; and
(21) shall give the crime victim timely notice of any
decision not to pursue charges and consider the safety of
the victim when deciding how to give such notice.
(c) The court shall ensure that the rights of the victim
are afforded.
(c-5) The following procedures shall be followed to afford
victims the rights guaranteed by Article I, Section 8.1 of the
Illinois Constitution:
(1) Written notice. A victim may complete a written
notice of intent to assert rights on a form prepared by the
Office of the Attorney General and provided to the victim
by the State's Attorney. The victim may at any time
provide a revised written notice to the State's Attorney.
The State's Attorney shall file the written notice with
the court. At the beginning of any court proceeding in
which the right of a victim may be at issue, the court and
prosecutor shall review the written notice to determine

whether the victim has asserted the right that may be at
issue.
(2) Victim's retained attorney. A victim's attorney
shall file an entry of appearance limited to assertion of
the victim's rights. Upon the filing of the entry of
appearance and service on the State's Attorney and the
defendant, the attorney is to receive copies of all
notices, motions and court orders filed thereafter in the
case.
(3) Standing. The victim has standing to assert the
rights enumerated in subsection (a) of Article I, Section
8.1 of the Illinois Constitution and the statutory rights
under Section 4 of this Act in any court exercising
jurisdiction over the criminal case. The prosecuting
attorney, a victim, or the victim's retained attorney may
assert the victim's rights. The defendant in the criminal
case has no standing to assert a right of the victim in any
court proceeding, including on appeal.
(4) Assertion of and enforcement of rights.
(A) The prosecuting attorney shall assert a
victim's right or request enforcement of a right by
filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury. The prosecuting
attorney shall consult with the victim and the
victim's attorney regarding the assertion or

enforcement of a right. If the prosecuting attorney
decides not to assert or enforce a victim's right, the
prosecuting attorney shall notify the victim or the
victim's attorney in sufficient time to allow the
victim or the victim's attorney to assert the right or
to seek enforcement of a right.
(B) If the prosecuting attorney elects not to
assert a victim's right or to seek enforcement of a
right, the victim or the victim's attorney may assert
the victim's right or request enforcement of a right
by filing a motion or by orally asserting the right or
requesting enforcement in open court in the criminal
case outside the presence of the jury.
(C) If the prosecuting attorney asserts a victim's
right or seeks enforcement of a right, unless the
prosecuting attorney objects or the trial court does
not allow it, the victim or the victim's attorney may
be heard regarding the prosecuting attorney's motion
or may file a simultaneous motion to assert or request
enforcement of the victim's right. If the victim or
the victim's attorney was not allowed to be heard at
the hearing regarding the prosecuting attorney's
motion, and the court denies the prosecuting
attorney's assertion of the right or denies the
request for enforcement of a right, the victim or
victim's attorney may file a motion to assert the

victim's right or to request enforcement of the right
within 10 days of the court's ruling. The motion need
not demonstrate the grounds for a motion for
reconsideration. The court shall rule on the merits of
the motion.
(D) The court shall take up and decide any motion
or request asserting or seeking enforcement of a
victim's right without delay, unless a specific time
period is specified by law or court rule. The reasons
for any decision denying the motion or request shall
be clearly stated on the record.
(E) No later than January 1, 2023, the Office of
the Attorney General shall:
(i) designate an administrative authority
within the Office of the Attorney General to
receive and investigate complaints relating to the
provision or violation of the rights of a crime
victim as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act;
(ii) create and administer a course of
training for employees and offices of the State of
Illinois that fail to comply with provisions of
Illinois law pertaining to the treatment of crime
victims as described in Article I, Section 8.1 of
the Illinois Constitution and in this Act as
required by the court under Section 5 of this Act;

and
(iii) have the authority to make
recommendations to employees and offices of the
State of Illinois to respond more effectively to
the needs of crime victims, including regarding
the violation of the rights of a crime victim.
(F) Crime victims' rights may also be asserted by
filing a complaint for mandamus, injunctive, or
declaratory relief in the jurisdiction in which the
victim's right is being violated or where the crime is
being prosecuted. For complaints or motions filed by
or on behalf of the victim, the clerk of court shall
waive filing fees that would otherwise be owed by the
victim for any court filing with the purpose of
enforcing crime victims' rights. If the court denies
the relief sought by the victim, the reasons for the
denial shall be clearly stated on the record in the
transcript of the proceedings, in a written opinion,
or in the docket entry, and the victim may appeal the
circuit court's decision to the appellate court. The
court shall issue prompt rulings regarding victims'
rights. Proceedings seeking to enforce victims' rights
shall not be stayed or subject to unreasonable delay
via continuances.
(5) Violation of rights and remedies.
(A) If the court determines that a victim's right

has been violated, the court shall determine the
appropriate remedy for the violation of the victim's
right by hearing from the victim and the parties,
considering all factors relevant to the issue, and
then awarding appropriate relief to the victim.
(A-5) Consideration of an issue of a substantive
nature or an issue that implicates the constitutional
or statutory right of a victim at a court proceeding
labeled as a status hearing shall constitute a per se
violation of a victim's right.
(B) The appropriate remedy shall include only
actions necessary to provide the victim the right to
which the victim was entitled. Remedies may include,
but are not limited to: injunctive relief requiring
the victim's right to be afforded; declaratory
judgment recognizing or clarifying the victim's
rights; a writ of mandamus; and may include reopening
previously held proceedings; however, in no event
shall the court vacate a conviction. Any remedy shall
be tailored to provide the victim an appropriate
remedy without violating any constitutional right of
the defendant. In no event shall the appropriate
remedy to the victim be a new trial or damages.
The court shall impose a mandatory training course
provided by the Attorney General for the employee under
item (ii) of subparagraph (E) of paragraph (4), which must

be successfully completed within 6 months of the entry of
the court order.
This paragraph (5) takes effect January 2, 2023.
(6) Right to be heard. Whenever a victim has the right
to be heard, the court shall allow the victim to exercise
the right in any reasonable manner the victim chooses.
(7) Right to attend trial. A party must file a written
motion to exclude a victim from trial at least 60 days
prior to the date set for trial. The motion must state with
specificity the reason exclusion is necessary to protect a
constitutional right of the party, and must contain an
offer of proof. The court shall rule on the motion within
30 days. If the motion is granted, the court shall set
forth on the record the facts that support its finding
that the victim's testimony will be materially affected if
the victim hears other testimony at trial.
(8) Right to have advocate and support person present
at court proceedings.
(A) A party who intends to call an advocate as a
witness at trial must seek permission of the court
before the subpoena is issued. The party must file a
written motion at least 90 days before trial that sets
forth specifically the issues on which the advocate's
testimony is sought and an offer of proof regarding
(i) the content of the anticipated testimony of the
advocate; and (ii) the relevance, admissibility, and

materiality of the anticipated testimony. The court
shall consider the motion and make findings within 30
days of the filing of the motion. If the court finds by
a preponderance of the evidence that: (i) the
anticipated testimony is not protected by an absolute
privilege; and (ii) the anticipated testimony contains
relevant, admissible, and material evidence that is
not available through other witnesses or evidence, the
court shall issue a subpoena requiring the advocate to
appear to testify at an in camera hearing. The
prosecuting attorney and the victim shall have 15 days
to seek appellate review before the advocate is
required to testify at an ex parte in camera
proceeding.
The prosecuting attorney, the victim, and the
advocate's attorney shall be allowed to be present at
the ex parte in camera proceeding. If, after
conducting the ex parte in camera hearing, the court
determines that due process requires any testimony
regarding confidential or privileged information or
communications, the court shall provide to the
prosecuting attorney, the victim, and the advocate's
attorney a written memorandum on the substance of the
advocate's testimony. The prosecuting attorney, the
victim, and the advocate's attorney shall have 15 days
to seek appellate review before a subpoena may be

issued for the advocate to testify at trial. The
presence of the prosecuting attorney at the ex parte
in camera proceeding does not make the substance of
the advocate's testimony that the court has ruled
inadmissible subject to discovery.
(B) If a victim has asserted the right to have a
support person present at the court proceedings, the
victim shall provide the name of the person the victim
has chosen to be the victim's support person to the
prosecuting attorney, within 60 days of trial. The
prosecuting attorney shall provide the name to the
defendant. If the defendant intends to call the
support person as a witness at trial, the defendant
must seek permission of the court before a subpoena is
issued. The defendant must file a written motion at
least 45 days prior to trial that sets forth
specifically the issues on which the support person
will testify and an offer of proof regarding: (i) the
content of the anticipated testimony of the support
person; and (ii) the relevance, admissibility, and
materiality of the anticipated testimony.
If the prosecuting attorney intends to call the
support person as a witness during the State's
case-in-chief, the prosecuting attorney shall inform
the court of this intent in the response to the
defendant's written motion. The victim may choose a

different person to be the victim's support person.
The court may allow the defendant to inquire about
matters outside the scope of the direct examination
during cross-examination. If the court allows the
defendant to do so, the support person shall be
allowed to remain in the courtroom after the support
person has testified. A defendant who fails to
question the support person about matters outside the
scope of direct examination during the State's
case-in-chief waives the right to challenge the
presence of the support person on appeal. The court
shall allow the support person to testify if called as
a witness in the defendant's case-in-chief or the
State's rebuttal.
If the court does not allow the defendant to
inquire about matters outside the scope of the direct
examination, the support person shall be allowed to
remain in the courtroom after the support person has
been called by the defendant or the defendant has
rested. The court shall allow the support person to
testify in the State's rebuttal.
If the prosecuting attorney does not intend to
call the support person in the State's case-in-chief,
the court shall verify with the support person whether
the support person, if called as a witness, would
testify as set forth in the offer of proof. If the

court finds that the support person would testify as
set forth in the offer of proof, the court shall rule
on the relevance, materiality, and admissibility of
the anticipated testimony. If the court rules the
anticipated testimony is admissible, the court shall
issue the subpoena. The support person may remain in
the courtroom after the support person testifies and
shall be allowed to testify in rebuttal.
If the court excludes the victim's support person
during the State's case-in-chief, the victim shall be
allowed to choose another support person to be present
in court.
If the victim fails to designate a support person
within 60 days of trial and the defendant has
subpoenaed the support person to testify at trial, the
court may exclude the support person from the trial
until the support person testifies. If the court
excludes the support person the victim may choose
another person as a support person.
(9) Right to notice and hearing before disclosure of
confidential or privileged information or records.
(A) A defendant who seeks to subpoena testimony or
records of or concerning the victim that are
confidential or privileged by law must seek permission
of the court before the subpoena is issued. The
defendant must file a written motion and an offer of

proof regarding the relevance, admissibility and
materiality of the testimony or records. If the court
finds by a preponderance of the evidence that:
(i) the testimony or records are not protected
by an absolute privilege and
(ii) the testimony or records contain
relevant, admissible, and material evidence that
is not available through other witnesses or
evidence, the court shall issue a subpoena
requiring the witness to appear in camera or a
sealed copy of the records be delivered to the
court to be reviewed in camera. If, after
conducting an in camera review of the witness
statement or records, the court determines that
due process requires disclosure of any potential
testimony or any portion of the records, the court
shall provide copies of the records that it
intends to disclose to the prosecuting attorney
and the victim. The prosecuting attorney and the
victim shall have 30 days to seek appellate review
before the records are disclosed to the defendant,
used in any court proceeding, or disclosed to
anyone or in any way that would subject the
testimony or records to public review. The
disclosure of copies of any portion of the
testimony or records to the prosecuting attorney

under this Section does not make the records
subject to discovery or required to be provided to
the defendant.
(B) A prosecuting attorney who seeks to subpoena
information or records concerning the victim that are
confidential or privileged by law must first request
the written consent of the crime victim. If the victim
does not provide such written consent, including where
necessary the appropriate signed document required for
waiving privilege, the prosecuting attorney must serve
the subpoena at least 21 days prior to the date a
response or appearance is required to allow the
subject of the subpoena time to file a motion to quash
or request a hearing. The prosecuting attorney must
also send a written notice to the victim at least 21
days prior to the response date to allow the victim to
file a motion or request a hearing. The notice to the
victim shall inform the victim (i) that a subpoena has
been issued for confidential information or records
concerning the victim, (ii) that the victim has the
right to request a hearing prior to the response date
of the subpoena, and (iii) how to request the hearing.
The notice to the victim shall also include a copy of
the subpoena. If requested, a hearing regarding the
subpoena shall occur before information or records are
provided to the prosecuting attorney.

(10) Right to notice of court proceedings. If the
victim is not present at a court proceeding in which a
right of the victim is at issue, the court shall ask the
prosecuting attorney whether the victim was notified of
the time, place, and purpose of the court proceeding and
that the victim had a right to be heard at the court
proceeding. If the court determines that timely notice was
not given or that the victim was not adequately informed
of the nature of the court proceeding, the court shall not
rule on any substantive issues, accept a plea, or impose a
sentence and shall continue the hearing for the time
necessary to notify the victim of the time, place and
nature of the court proceeding. The time between court
proceedings shall not be attributable to the State under
Section 103-5 of the Code of Criminal Procedure of 1963.
(11) Right to timely disposition of the case. A victim
has the right to timely disposition of the case so as to
minimize the stress, cost, and inconvenience resulting
from the victim's involvement in the case. Before ruling
on a motion to continue trial or other court proceeding,
the court shall inquire into the circumstances for the
request for the delay and, if the victim has provided
written notice of the assertion of the right to a timely
disposition, and whether the victim objects to the delay.
If the victim objects, the prosecutor shall inform the
court of the victim's objections. If the prosecutor has

not conferred with the victim about the continuance, the
prosecutor shall inform the court of the attempts to
confer. If the court finds the attempts of the prosecutor
to confer with the victim were inadequate to protect the
victim's right to be heard, the court shall give the
prosecutor at least 3 but not more than 5 business days to
confer with the victim. In ruling on a motion to continue,
the court shall consider the reasons for the requested
continuance, the number and length of continuances that
have been granted, the victim's objections and procedures
to avoid further delays. If a continuance is granted over
the victim's objection, the court shall specify on the
record the reasons for the continuance and the procedures
that have been or will be taken to avoid further delays.
(12) Right to Restitution.
(A) If the victim has asserted the right to
restitution and the amount of restitution is known at
the time of sentencing, the court shall enter the
judgment of restitution at the time of sentencing.
(B) If the victim has asserted the right to
restitution and the amount of restitution is not known
at the time of sentencing, the prosecutor shall,
within 5 days after sentencing, notify the victim what
information and documentation related to restitution
is needed and that the information and documentation
must be provided to the prosecutor within 45 days

after sentencing. Failure to timely provide
information and documentation related to restitution
shall be deemed a waiver of the right to restitution.
The prosecutor shall file and serve within 60 days
after sentencing a proposed judgment for restitution
and a notice that includes information concerning the
identity of any victims or other persons seeking
restitution, whether any victim or other person
expressly declines restitution, the nature and amount
of any damages together with any supporting
documentation, a restitution amount recommendation,
and the names of any co-defendants and their case
numbers. Within 30 days after receipt of the proposed
judgment for restitution, the defendant shall file any
objection to the proposed judgment, a statement of
grounds for the objection, and a financial statement.
If the defendant does not file an objection, the court
may enter the judgment for restitution without further
proceedings. If the defendant files an objection and
either party requests a hearing, the court shall
schedule a hearing.
(13) Access to presentence reports.
(A) The victim may request a copy of the
presentence report prepared under the Unified Code of
Corrections from the State's Attorney. The State's
Attorney shall redact the following information before

providing a copy of the report:
(i) the defendant's mental history and
condition;
(ii) any evaluation prepared under subsection
(b) or (b-5) of Section 5-3-2; and
(iii) the name, address, phone number, and
other personal information about any other victim.
(B) The State's Attorney or the defendant may
request the court redact other information in the
report that may endanger the safety of any person.
(C) The State's Attorney may orally disclose to
the victim any of the information that has been
redacted if there is a reasonable likelihood that the
information will be stated in court at the sentencing.
(D) The State's Attorney must advise the victim
that the victim must maintain the confidentiality of
the report and other information. Any dissemination of
the report or information that was not stated at a
court proceeding constitutes indirect criminal
contempt of court.
(14) Appellate relief. If the trial court denies the
relief requested, the victim, the victim's attorney, or
the prosecuting attorney may file an appeal within 30 days
of the trial court's ruling. The trial or appellate court
may stay the court proceedings if the court finds that a
stay would not violate a constitutional right of the

defendant. If the appellate court denies the relief
sought, the reasons for the denial shall be clearly stated
in a written opinion. In any appeal in a criminal case, the
State may assert as error the court's denial of any crime
victim's right in the proceeding to which the appeal
relates.
(15) Limitation on appellate relief. In no case shall
an appellate court provide a new trial to remedy the
violation of a victim's right.
(16) The right to be reasonably protected from the
accused throughout the criminal justice process and the
right to have the safety of the victim and the victim's
family considered in determining whether to release the
defendant, and setting conditions of release after arrest
and conviction. A victim of domestic violence, a sexual
offense, or stalking may request the entry of a protective
order under Article 112A of the Code of Criminal Procedure
of 1963.
(d) Procedures after the imposition of sentence.
(1) The Prisoner Review Board shall inform a victim or
any other concerned citizen, upon written request, of the
prisoner's release on parole, mandatory supervised
release, electronic detention, work release, international
transfer or exchange, or by the custodian, other than the
Department of Juvenile Justice, of the discharge of any
individual who was adjudicated a delinquent for a crime

from State custody and by the sheriff of the appropriate
county of any such person's final discharge from county
custody. The Prisoner Review Board, upon written request,
shall provide to a victim or any other concerned citizen a
recent photograph of any person convicted of a felony,
upon his or her release from custody. The Prisoner Review
Board, upon written request, shall inform a victim or any
other concerned citizen when feasible at least 7 days
prior to the prisoner's release on furlough of the times
and dates of such furlough. Upon written request by the
victim or any other concerned citizen, the State's
Attorney shall notify the person once of the times and
dates of release of a prisoner sentenced to periodic
imprisonment. Notification shall be based on the most
recent information as to the victim's or other concerned
citizen's residence or other location available to the
notifying authority.
(2) When the defendant has been committed to the
Department of Human Services pursuant to Section 5-2-4 or
any other provision of the Unified Code of Corrections,
the victim may request to be notified by the releasing
authority of the approval by the court of an on-grounds
pass, a supervised off-grounds pass, an unsupervised
off-grounds pass, or conditional release; the release on
an off-grounds pass; the return from an off-grounds pass;
transfer to another facility; conditional release; escape;

death; or final discharge from State custody. The
Department of Human Services shall establish and maintain
a statewide telephone number to be used by victims to make
notification requests under these provisions and shall
publicize this telephone number on its website and to the
State's Attorney of each county.
(3) In the event of an escape from State custody, the
Department of Corrections or the Department of Juvenile
Justice immediately shall notify the Prisoner Review Board
of the escape and the Prisoner Review Board shall notify
the victim. The notification shall be based upon the most
recent information as to the victim's residence or other
location available to the Board. When no such information
is available, the Board shall make all reasonable efforts
to obtain the information and make the notification. When
the escapee is apprehended, the Department of Corrections
or the Department of Juvenile Justice immediately shall
notify the Prisoner Review Board and the Board shall
notify the victim.
(4) The victim of the crime for which the prisoner has
been sentenced has the right to register with the Prisoner
Review Board's victim registry. Victims registered with
the Board shall receive reasonable written notice not less
than 30 days prior to the parole hearing or target
aftercare release date. The victim has the right to submit
a victim statement for consideration by the Prisoner

Review Board or the Department of Juvenile Justice in
writing, on film, videotape, or other electronic means, or
in the form of a recording prior to the parole hearing or
target aftercare release date, or in person at the parole
hearing or aftercare release protest hearing, or by
calling the toll-free number established in subsection (f)
of this Section. The victim shall be notified within 7
days after the prisoner has been granted parole or
aftercare release and shall be informed of the right to
inspect the registry of parole decisions, established
under subsection (g) of Section 3-3-5 of the Unified Code
of Corrections. The provisions of this paragraph (4) are
subject to the Open Parole Hearings Act. Victim statements
provided to the Board shall be confidential and
privileged, including any statements received prior to
January 1, 2020 (the effective date of Public Act
101-288), except if the statement was an oral statement
made by the victim at a hearing open to the public.
(4-1) The crime victim has the right to submit a
victim statement for consideration by the Prisoner Review
Board or the Department of Juvenile Justice prior to or at
a hearing to determine the conditions of mandatory
supervised release of a person sentenced to a determinate
sentence or at a hearing on revocation of mandatory
supervised release of a person sentenced to a determinate
sentence. A victim statement may be submitted in writing,

on film, videotape, or other electronic means, or in the
form of a recording, or orally at a hearing, or by calling
the toll-free number established in subsection (f) of this
Section. Victim statements provided to the Board shall be
confidential and privileged, including any statements
received prior to January 1, 2020 (the effective date of
Public Act 101-288), except if the statement was an oral
statement made by the victim at a hearing open to the
public.
(4-2) The crime victim has the right to submit a
victim statement to the Prisoner Review Board for
consideration at an executive clemency hearing as provided
in Section 3-3-13 of the Unified Code of Corrections. A
victim statement may be submitted in writing, on film,
videotape, or other electronic means, or in the form of a
recording prior to a hearing, or orally at a hearing, or by
calling the toll-free number established in subsection (f)
of this Section. Victim statements provided to the Board
shall be confidential and privileged, including any
statements received prior to January 1, 2020 (the
effective date of Public Act 101-288), except if the
statement was an oral statement made by the victim at a
hearing open to the public.
(5) If a statement is presented under Section 6, the
Prisoner Review Board or Department of Juvenile Justice
shall inform the victim of any order of discharge pursuant

to Section 3-2.5-85 or 3-3-8 of the Unified Code of
Corrections.
(6) At the written or oral request of the victim of the
crime for which the prisoner was sentenced or the State's
Attorney of the county where the person seeking parole or
aftercare release was prosecuted, the Prisoner Review
Board or Department of Juvenile Justice shall notify the
victim and the State's Attorney of the county where the
person seeking parole or aftercare release was prosecuted
of the death of the prisoner if the prisoner died while on
parole or aftercare release or mandatory supervised
release.
(7) When a defendant who has been committed to the
Department of Corrections, the Department of Juvenile
Justice, or the Department of Human Services is released
or discharged and subsequently committed to the Department
of Human Services as a sexually violent person and the
victim had requested to be notified by the releasing
authority of the defendant's discharge, conditional
release, death, or escape from State custody, the
releasing authority shall provide to the Department of
Human Services such information that would allow the
Department of Human Services to contact the victim.
(8) When a defendant has been convicted of a sex
offense as defined in Section 2 of the Sex Offender
Registration Act and has been sentenced to the Department

of Corrections or the Department of Juvenile Justice, the
Prisoner Review Board or the Department of Juvenile
Justice shall notify the victim of the sex offense of the
prisoner's eligibility for release on parole, aftercare
release, mandatory supervised release, electronic
detention, work release, international transfer or
exchange, or by the custodian of the discharge of any
individual who was adjudicated a delinquent for a sex
offense from State custody and by the sheriff of the
appropriate county of any such person's final discharge
from county custody. The notification shall be made to the
victim at least 30 days, whenever possible, before release
of the sex offender.
(e) The officials named in this Section may satisfy some
or all of their obligations to provide notices and other
information through participation in a statewide victim and
witness notification system established by the Attorney
General under Section 8.5 of this Act.
(f) The Prisoner Review Board shall establish a toll-free
number that may be accessed by the crime victim to present a
victim statement to the Board in accordance with paragraphs
(4), (4-1), and (4-2) of subsection (d).
(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
8-20-21; revised 12-13-21.)

Section 635. The Privacy of Child Victims of Criminal
Sexual Offenses Act is amended by changing Section 3 as
follows:
(725 ILCS 190/3) (from Ch. 38, par. 1453)
Sec. 3. Confidentiality of Law Enforcement and Court
Records. Notwithstanding any other law to the contrary,
inspection and copying of law enforcement records maintained
by any law enforcement agency or all circuit court records
maintained by any circuit clerk relating to any investigation
or proceeding pertaining to a criminal sexual offense, by any
person, except a judge, state's attorney, assistant state's
attorney, Attorney General, Assistant Attorney General,
psychologist, psychiatrist, social worker, doctor, parent,
parole agent, aftercare specialist, probation officer,
defendant, defendant's attorney, advocate, or victim's
attorney (as defined in Section 3 of the Illinois Rights of
Crime Victims and Witnesses Act) in any criminal proceeding or
investigation related thereto, shall be restricted to exclude
the identity of any child who is a victim of such criminal
sexual offense or alleged criminal sexual offense unless a
court order is issued authorizing the removal of such
restriction as provided under this Section of a particular
case record or particular records of cases maintained by any
circuit court clerk. A court may, for the child's protection
and for good cause shown, prohibit any person or agency

present in court from further disclosing the child's identity.
A court may prohibit such disclosure only after giving
notice and a hearing to all affected parties. In determining
whether to prohibit disclosure of the minor's identity, the
court shall consider:
(1) the best interest of the child; and
(2) whether such nondisclosure would further a
compelling State interest.
When a criminal sexual offense is committed or alleged to
have been committed by a school district employee or any
individual contractually employed by a school district, a copy
of the criminal history record information relating to the
investigation of the offense or alleged offense shall be
transmitted to the superintendent of schools of the district
immediately upon request or if the law enforcement agency
knows that a school district employee or any individual
contractually employed by a school district has committed or
is alleged to have committed a criminal sexual offense, the
superintendent of schools of the district shall be immediately
provided a copy of the criminal history record information.
The copy of the criminal history record information to be
provided under this Section shall exclude the identity of the
child victim. The superintendent shall be restricted from
revealing the identity of the victim. Nothing in this Article
precludes or may be used to preclude a mandated reporter from
reporting child abuse or child neglect as required under the

Abused and Neglected Child Reporting Act.
For the purposes of this Act, "criminal history record
information" means:
(i) chronologically maintained arrest information,
such as traditional arrest logs or blotters;
(ii) the name of a person in the custody of a law
enforcement agency and the charges for which that person
is being held;
(iii) court records that are public;
(iv) records that are otherwise available under State
or local law; or
(v) records in which the requesting party is the
individual identified, except as provided under part (vii)
of paragraph (c) of subsection (1) of Section 7 of the
Freedom of Information Act.
(Source: P.A. 102-651, eff. 1-1-22; revised 12-13-21.)
Section 640. The Privacy of Adult Victims of Criminal
Sexual Offenses Act is amended by changing Section 10 as
follows:
(725 ILCS 191/10)
Sec. 10. Victim privacy. Notwithstanding any other law to
the contrary, inspection and copying of law enforcement
records maintained by any law enforcement agency or all
circuit court records maintained by any circuit clerk relating

to any investigation or proceeding pertaining to a criminal
sexual offense, by any person, except a judge, State's
Attorney, Assistant State's Attorney, Attorney General,
Assistant Attorney General, psychologist, psychiatrist, social
worker, doctor, parole agent, aftercare specialist, probation
officer, defendant, defendant's attorney, advocate, or
victim's attorney (as defined in Section 3 of the Illinois
Rights of Crime Victims and Witnesses Act) in any criminal
proceeding or investigation related thereto shall be
restricted to exclude the identity of any adult victim of such
criminal sexual offense or alleged criminal sexual offense
unless a court order is issued authorizing the removal of such
restriction as provided under this Section of a particular
case record or particular records of cases maintained by any
circuit court clerk.
A court may, for the adult victim's protection and for
good cause shown, prohibit any person or agency present in
court from further disclosing the adult victim's identity. A
court may prohibit such disclosure only after giving notice
and a hearing to all affected parties. In determining whether
to prohibit disclosure of the adult victim's identity, the
court shall consider:
(1) the best interest of the adult victim; and
(2) whether such nondisclosure would further a
compelling State interest.
(Source: P.A. 102-652, eff. 1-1-22; revised 11-24-21.)

Section 645. The Sexual Assault Evidence Submission Act is
amended by changing Section 50 as follows:
(725 ILCS 202/50)
Sec. 50. Sexual assault evidence tracking system.
(a) On June 26, 2018, the Sexual Assault Evidence Tracking
and Reporting Commission issued its report as required under
Section 43. It is the intention of the General Assembly in
enacting the provisions of this amendatory Act of the 101st
General Assembly to implement the recommendations of the
Sexual Assault Evidence Tracking and Reporting Commission set
forth in that report in a manner that utilizes the current
resources of law enforcement agencies whenever possible and
that is adaptable to changing technologies and circumstances.
(a-1) Due to the complex nature of a statewide tracking
system for sexual assault evidence and to ensure all
stakeholders, including, but not limited to, victims and their
designees, health care facilities, law enforcement agencies,
forensic labs, and State's Attorneys offices are integrated,
the Commission recommended the purchase of an electronic
off-the-shelf tracking system. The system must be able to
communicate with all stakeholders and provide real-time
information to a victim or his or her designee on the status of
the evidence that was collected. The sexual assault evidence
tracking system must:

(1) be electronic and web-based;
(2) be administered by the Illinois State Police;
(3) have help desk availability at all times;
(4) ensure the law enforcement agency contact
information is accessible to the victim or his or her
designee through the tracking system, so there is contact
information for questions;
(5) have the option for external connectivity to
evidence management systems, laboratory information
management systems, or other electronic data systems
already in existence by any of the stakeholders to
minimize additional burdens or tasks on stakeholders;
(6) allow for the victim to opt in for automatic
notifications when status updates are entered in the
system, if the system allows;
(7) include at each step in the process, a brief
explanation of the general purpose of that step and a
general indication of how long the step may take to
complete;
(8) contain minimum fields for tracking and reporting,
as follows:
(A) for sexual assault evidence kit vendor fields:
(i) each sexual evidence kit identification
number provided to each health care facility; and
(ii) the date the sexual evidence kit was sent
to the health care facility.

(B) for health care facility fields:
(i) the date sexual assault evidence was
collected; and
(ii) the date notification was made to the law
enforcement agency that the sexual assault
evidence was collected.
(C) for law enforcement agency fields:
(i) the date the law enforcement agency took
possession of the sexual assault evidence from the
health care facility, another law enforcement
agency, or victim if he or she did not go through a
health care facility;
(ii) the law enforcement agency complaint
number;
(iii) if the law enforcement agency that takes
possession of the sexual assault evidence from a
health care facility is not the law enforcement
agency with jurisdiction in which the offense
occurred, the date when the law enforcement agency
notified the law enforcement agency having
jurisdiction that the agency has sexual assault
evidence required under subsection (c) of Section
20 of the Sexual Assault Incident Procedure Act;
(iv) an indication if the victim consented for
analysis of the sexual assault evidence;
(v) if the victim did not consent for analysis

of the sexual assault evidence, the date on which
the law enforcement agency is no longer required
to store the sexual assault evidence;
(vi) a mechanism for the law enforcement
agency to document why the sexual assault evidence
was not submitted to the laboratory for analysis,
if applicable;
(vii) the date the law enforcement agency
received the sexual assault evidence results back
from the laboratory;
(viii) the date statutory notifications were
made to the victim or documentation of why
notification was not made; and
(ix) the date the law enforcement agency
turned over the case information to the State's
Attorney office, if applicable.
(D) for forensic lab fields:
(i) the date the sexual assault evidence is
received from the law enforcement agency by the
forensic lab for analysis;
(ii) the laboratory case number, visible to
the law enforcement agency and State's Attorney
office; and
(iii) the date the laboratory completes the
analysis of the sexual assault evidence.
(E) for State's Attorney office fields:

(i) the date the State's Attorney office
received the sexual assault evidence results from
the laboratory, if applicable; and
(ii) the disposition or status of the case.
(a-2) The Commission also developed guidelines for secure
electronic access to a tracking system for a victim, or his or
her designee to access information on the status of the
evidence collected. The Commission recommended minimum
guidelines in order to safeguard confidentiality of the
information contained within this statewide tracking system.
These recommendations are that the sexual assault evidence
tracking system must:
(1) allow for secure access, controlled by an
administering body who can restrict user access and allow
different permissions based on the need of that particular
user and health care facility users may include
out-of-state border hospitals, if authorized by the
Illinois State Police to obtain this State's kits from
vendor;
(2) provide for users, other than victims, the ability
to provide for any individual who is granted access to the
program their own unique user ID and password;
(3) provide for a mechanism for a victim to enter the
system and only access his or her own information;
(4) enable a sexual assault evidence to be tracked and
identified through the unique sexual assault evidence kit

identification number or barcode that the vendor applies
to each sexual assault evidence kit per the Illinois State
Police's contract;
(5) have a mechanism to inventory unused kits provided
to a health care facility from the vendor;
(6) provide users the option to either scan the bar
code or manually enter the sexual assault evidence kit
number into the tracking program;
(7) provide a mechanism to create a separate unique
identification number for cases in which a sexual evidence
kit was not collected, but other evidence was collected;
(8) provide the ability to record date, time, and user
ID whenever any user accesses the system;
(9) provide for real-time entry and update of data;
(10) contain report functions including:
(A) health care facility compliance with
applicable laws;
(B) law enforcement agency compliance with
applicable laws;
(C) law enforcement agency annual inventory of
cases to each State's Attorney office; and
(D) forensic lab compliance with applicable laws;
and
(11) provide automatic notifications to the law
enforcement agency when:
(A) a health care facility has collected sexual

assault evidence;
(B) unreleased sexual assault evidence that is
being stored by the law enforcement agency has met the
minimum storage requirement by law; and
(C) timelines as required by law are not met for a
particular case, if not otherwise documented.
(b) The Illinois State Police may develop rules to
implement a sexual assault evidence tracking system that
conforms with subsections (a-1) and (a-2) of this Section. The
Illinois State Police shall design the criteria for the sexual
assault evidence tracking system so that, to the extent
reasonably possible, the system can use existing technologies
and products, including, but not limited to, currently
available tracking systems. The sexual assault evidence
tracking system shall be operational and shall begin tracking
and reporting sexual assault evidence no later than one year
after the effective date of this amendatory Act of the 101st
General Assembly. The Illinois State Police may adopt
additional rules as it deems necessary to ensure that the
sexual assault evidence tracking system continues to be a
useful tool for law enforcement.
(c) A treatment hospital, a treatment hospital with
approved pediatric transfer, an out-of-state hospital approved
by the Department of Public Health to receive transfers of
Illinois sexual assault survivors, or an approved pediatric
health care facility defined in Section 1a of the Sexual

Assault Survivors Emergency Treatment Act shall participate in
the sexual assault evidence tracking system created under this
Section and in accordance with rules adopted under subsection
(b), including, but not limited to, the collection of sexual
assault evidence and providing information regarding that
evidence, including, but not limited to, providing notice to
law enforcement that the evidence has been collected.
(d) The operations of the sexual assault evidence tracking
system shall be funded by moneys appropriated for that purpose
from the State Crime Laboratory Fund and funds provided to the
Illinois State Police through asset forfeiture, together with
such other funds as the General Assembly may appropriate.
(e) To ensure that the sexual assault evidence tracking
system is operational, the Illinois State Police may adopt
emergency rules to implement the provisions of this Section
under subsection (ff) of Section 5-45 of the Illinois
Administrative Procedure Act.
(f) Information, including, but not limited to, evidence
and records in the sexual assault evidence tracking system is
exempt from disclosure under the Freedom of Information Act.
(Source: P.A. 101-377, eff. 8-16-19; 102-22, eff. 6-25-21;
102-523, eff. 8-20-21; 102-538, eff. 8-20-21; revised
10-20-21.)
Section 650. The Sexual Assault Incident Procedure Act is
amended by changing Section 35 as follows:

(725 ILCS 203/35)
Sec. 35. Release of information.
(a) Upon the request of the victim who has consented to the
release of sexual assault evidence for testing, the law
enforcement agency having jurisdiction shall notify the victim
about the Illinois State Police sexual assault evidence
tracking system and provide the following information in
writing:
(1) the date the sexual assault evidence was sent to
an Illinois State Police forensic laboratory or designated
laboratory;
(2) test results provided to the law enforcement
agency by an Illinois State Police forensic laboratory or
designated laboratory, including, but not limited to:
(A) whether a DNA profile was obtained from the
testing of the sexual assault evidence from the
victim's case;
(B) whether the DNA profile developed from the
sexual assault evidence has been searched against the
DNA Index System or any state or federal DNA database;
(C) whether an association was made to an
individual whose DNA profile is consistent with the
sexual assault evidence DNA profile, provided that
disclosure would not impede or compromise an ongoing
investigation; and

(D) whether any drugs were detected in a urine or
blood sample analyzed for drug facilitated sexual
assault and information about any drugs detected.
(b) The information listed in paragraph (1) of subsection
(a) of this Section shall be provided to the victim within 7
days of the transfer of the evidence to the laboratory. The
information listed in paragraph (2) of subsection (a) of this
Section shall be provided to the victim within 7 days of the
receipt of the information by the law enforcement agency
having jurisdiction.
(c) At the time the sexual assault evidence is released
for testing, the victim shall be provided written information
by the law enforcement agency having jurisdiction or the
hospital providing emergency services and forensic services to
the victim informing him or her of the right to request
information under subsection (a) of this Section. A victim may
designate another person or agency to receive this
information.
(d) The victim or the victim's designee shall keep the law
enforcement agency having jurisdiction informed of the name,
address, telephone number, and email address of the person to
whom the information should be provided, and any changes of
the name, address, telephone number, and email address, if an
email address is available.
(Source: P.A. 102-22, eff. 6-25-21; 102-538, eff. 8-20-21;
revised 10-20-21.)

Section 655. The Unified Code of Corrections is amended by
changing Sections 3-2-2, 3-3-14, 3-6-7.2, 3-14-1, 5-4-1,
5-4-3a, 5-5-3, 5-9-1.4, and 5-9-1.9 and the heading of Article
3 of Chapter III as follows:
(730 ILCS 5/3-2-2) (from Ch. 38, par. 1003-2-2)
Sec. 3-2-2. Powers and duties of the Department.
(1) In addition to the powers, duties, and
responsibilities which are otherwise provided by law, the
Department shall have the following powers:
(a) To accept persons committed to it by the courts of
this State for care, custody, treatment, and
rehabilitation, and to accept federal prisoners and aliens
over whom the Office of the Federal Detention Trustee is
authorized to exercise the federal detention function for
limited purposes and periods of time.
(b) To develop and maintain reception and evaluation
units for purposes of analyzing the custody and
rehabilitation needs of persons committed to it and to
assign such persons to institutions and programs under its
control or transfer them to other appropriate agencies. In
consultation with the Department of Alcoholism and
Substance Abuse (now the Department of Human Services),
the Department of Corrections shall develop a master plan
for the screening and evaluation of persons committed to

its custody who have alcohol or drug abuse problems, and
for making appropriate treatment available to such
persons; the Department shall report to the General
Assembly on such plan not later than April 1, 1987. The
maintenance and implementation of such plan shall be
contingent upon the availability of funds.
(b-1) To create and implement, on January 1, 2002, a
pilot program to establish the effectiveness of
pupillometer technology (the measurement of the pupil's
reaction to light) as an alternative to a urine test for
purposes of screening and evaluating persons committed to
its custody who have alcohol or drug problems. The pilot
program shall require the pupillometer technology to be
used in at least one Department of Corrections facility.
The Director may expand the pilot program to include an
additional facility or facilities as he or she deems
appropriate. A minimum of 4,000 tests shall be included in
the pilot program. The Department must report to the
General Assembly on the effectiveness of the program by
January 1, 2003.
(b-5) To develop, in consultation with the Illinois
State Police, a program for tracking and evaluating each
inmate from commitment through release for recording his
or her gang affiliations, activities, or ranks.
(c) To maintain and administer all State correctional
institutions and facilities under its control and to

establish new ones as needed. Pursuant to its power to
establish new institutions and facilities, the Department
may, with the written approval of the Governor, authorize
the Department of Central Management Services to enter
into an agreement of the type described in subsection (d)
of Section 405-300 of the Department of Central Management
Services Law. The Department shall designate those
institutions which shall constitute the State Penitentiary
System. The Department of Juvenile Justice shall maintain
and administer all State youth centers pursuant to
subsection (d) of Section 3-2.5-20.
Pursuant to its power to establish new institutions
and facilities, the Department may authorize the
Department of Central Management Services to accept bids
from counties and municipalities for the construction,
remodeling, or conversion of a structure to be leased to
the Department of Corrections for the purposes of its
serving as a correctional institution or facility. Such
construction, remodeling, or conversion may be financed
with revenue bonds issued pursuant to the Industrial
Building Revenue Bond Act by the municipality or county.
The lease specified in a bid shall be for a term of not
less than the time needed to retire any revenue bonds used
to finance the project, but not to exceed 40 years. The
lease may grant to the State the option to purchase the
structure outright.

Upon receipt of the bids, the Department may certify
one or more of the bids and shall submit any such bids to
the General Assembly for approval. Upon approval of a bid
by a constitutional majority of both houses of the General
Assembly, pursuant to joint resolution, the Department of
Central Management Services may enter into an agreement
with the county or municipality pursuant to such bid.
(c-5) To build and maintain regional juvenile
detention centers and to charge a per diem to the counties
as established by the Department to defray the costs of
housing each minor in a center. In this subsection (c-5),
"juvenile detention center" means a facility to house
minors during pendency of trial who have been transferred
from proceedings under the Juvenile Court Act of 1987 to
prosecutions under the criminal laws of this State in
accordance with Section 5-805 of the Juvenile Court Act of
1987, whether the transfer was by operation of law or
permissive under that Section. The Department shall
designate the counties to be served by each regional
juvenile detention center.
(d) To develop and maintain programs of control,
rehabilitation, and employment of committed persons within
its institutions.
(d-5) To provide a pre-release job preparation program
for inmates at Illinois adult correctional centers.
(d-10) To provide educational and visitation

opportunities to committed persons within its institutions
through temporary access to content-controlled tablets
that may be provided as a privilege to committed persons
to induce or reward compliance.
(e) To establish a system of supervision and guidance
of committed persons in the community.
(f) To establish in cooperation with the Department of
Transportation to supply a sufficient number of prisoners
for use by the Department of Transportation to clean up
the trash and garbage along State, county, township, or
municipal highways as designated by the Department of
Transportation. The Department of Corrections, at the
request of the Department of Transportation, shall furnish
such prisoners at least annually for a period to be agreed
upon between the Director of Corrections and the Secretary
of Transportation. The prisoners used on this program
shall be selected by the Director of Corrections on
whatever basis he deems proper in consideration of their
term, behavior and earned eligibility to participate in
such program - where they will be outside of the prison
facility but still in the custody of the Department of
Corrections. Prisoners convicted of first degree murder,
or a Class X felony, or armed violence, or aggravated
kidnapping, or criminal sexual assault, aggravated
criminal sexual abuse or a subsequent conviction for
criminal sexual abuse, or forcible detention, or arson, or

a prisoner adjudged a Habitual Criminal shall not be
eligible for selection to participate in such program. The
prisoners shall remain as prisoners in the custody of the
Department of Corrections and such Department shall
furnish whatever security is necessary. The Department of
Transportation shall furnish trucks and equipment for the
highway cleanup program and personnel to supervise and
direct the program. Neither the Department of Corrections
nor the Department of Transportation shall replace any
regular employee with a prisoner.
(g) To maintain records of persons committed to it and
to establish programs of research, statistics, and
planning.
(h) To investigate the grievances of any person
committed to the Department and to inquire into any
alleged misconduct by employees or committed persons; and
for these purposes it may issue subpoenas and compel the
attendance of witnesses and the production of writings and
papers, and may examine under oath any witnesses who may
appear before it; to also investigate alleged violations
of a parolee's or releasee's conditions of parole or
release; and for this purpose it may issue subpoenas and
compel the attendance of witnesses and the production of
documents only if there is reason to believe that such
procedures would provide evidence that such violations
have occurred.

If any person fails to obey a subpoena issued under
this subsection, the Director may apply to any circuit
court to secure compliance with the subpoena. The failure
to comply with the order of the court issued in response
thereto shall be punishable as contempt of court.
(i) To appoint and remove the chief administrative
officers, and administer programs of training and
development of personnel of the Department. Personnel
assigned by the Department to be responsible for the
custody and control of committed persons or to investigate
the alleged misconduct of committed persons or employees
or alleged violations of a parolee's or releasee's
conditions of parole shall be conservators of the peace
for those purposes, and shall have the full power of peace
officers outside of the facilities of the Department in
the protection, arrest, retaking, and reconfining of
committed persons or where the exercise of such power is
necessary to the investigation of such misconduct or
violations. This subsection shall not apply to persons
committed to the Department of Juvenile Justice under the
Juvenile Court Act of 1987 on aftercare release.
(j) To cooperate with other departments and agencies
and with local communities for the development of
standards and programs for better correctional services in
this State.
(k) To administer all moneys and properties of the

Department.
(l) To report annually to the Governor on the
committed persons, institutions, and programs of the
Department.
(l-5) (Blank).
(m) To make all rules and regulations and exercise all
powers and duties vested by law in the Department.
(n) To establish rules and regulations for
administering a system of sentence credits, established in
accordance with Section 3-6-3, subject to review by the
Prisoner Review Board.
(o) To administer the distribution of funds from the
State Treasury to reimburse counties where State penal
institutions are located for the payment of assistant
state's attorneys' salaries under Section 4-2001 of the
Counties Code.
(p) To exchange information with the Department of
Human Services and the Department of Healthcare and Family
Services for the purpose of verifying living arrangements
and for other purposes directly connected with the
administration of this Code and the Illinois Public Aid
Code.
(q) To establish a diversion program.
The program shall provide a structured environment for
selected technical parole or mandatory supervised release
violators and committed persons who have violated the

rules governing their conduct while in work release. This
program shall not apply to those persons who have
committed a new offense while serving on parole or
mandatory supervised release or while committed to work
release.
Elements of the program shall include, but shall not
be limited to, the following:
(1) The staff of a diversion facility shall
provide supervision in accordance with required
objectives set by the facility.
(2) Participants shall be required to maintain
employment.
(3) Each participant shall pay for room and board
at the facility on a sliding-scale basis according to
the participant's income.
(4) Each participant shall:
(A) provide restitution to victims in
accordance with any court order;
(B) provide financial support to his
dependents; and
(C) make appropriate payments toward any other
court-ordered obligations.
(5) Each participant shall complete community
service in addition to employment.
(6) Participants shall take part in such
counseling, educational, and other programs as the

Department may deem appropriate.
(7) Participants shall submit to drug and alcohol
screening.
(8) The Department shall promulgate rules
governing the administration of the program.
(r) To enter into intergovernmental cooperation
agreements under which persons in the custody of the
Department may participate in a county impact
incarceration program established under Section 3-6038 or
3-15003.5 of the Counties Code.
(r-5) (Blank).
(r-10) To systematically and routinely identify with
respect to each streetgang active within the correctional
system: (1) each active gang; (2) every existing
inter-gang affiliation or alliance; and (3) the current
leaders in each gang. The Department shall promptly
segregate leaders from inmates who belong to their gangs
and allied gangs. "Segregate" means no physical contact
and, to the extent possible under the conditions and space
available at the correctional facility, prohibition of
visual and sound communication. For the purposes of this
paragraph (r-10), "leaders" means persons who:
(i) are members of a criminal streetgang;
(ii) with respect to other individuals within the
streetgang, occupy a position of organizer,
supervisor, or other position of management or

leadership; and
(iii) are actively and personally engaged in
directing, ordering, authorizing, or requesting
commission of criminal acts by others, which are
punishable as a felony, in furtherance of streetgang
related activity both within and outside of the
Department of Corrections.
"Streetgang", "gang", and "streetgang related" have the
meanings ascribed to them in Section 10 of the Illinois
Streetgang Terrorism Omnibus Prevention Act.
(s) To operate a super-maximum security institution,
in order to manage and supervise inmates who are
disruptive or dangerous and provide for the safety and
security of the staff and the other inmates.
(t) To monitor any unprivileged conversation or any
unprivileged communication, whether in person or by mail,
telephone, or other means, between an inmate who, before
commitment to the Department, was a member of an organized
gang and any other person without the need to show cause or
satisfy any other requirement of law before beginning the
monitoring, except as constitutionally required. The
monitoring may be by video, voice, or other method of
recording or by any other means. As used in this
subdivision (1)(t), "organized gang" has the meaning
ascribed to it in Section 10 of the Illinois Streetgang
Terrorism Omnibus Prevention Act.

As used in this subdivision (1)(t), "unprivileged
conversation" or "unprivileged communication" means a
conversation or communication that is not protected by any
privilege recognized by law or by decision, rule, or order
of the Illinois Supreme Court.
(u) To establish a Women's and Children's Pre-release
Community Supervision Program for the purpose of providing
housing and services to eligible female inmates, as
determined by the Department, and their newborn and young
children.
(u-5) To issue an order, whenever a person committed
to the Department absconds or absents himself or herself,
without authority to do so, from any facility or program
to which he or she is assigned. The order shall be
certified by the Director, the Supervisor of the
Apprehension Unit, or any person duly designated by the
Director, with the seal of the Department affixed. The
order shall be directed to all sheriffs, coroners, and
police officers, or to any particular person named in the
order. Any order issued pursuant to this subdivision
(1)(u-5) shall be sufficient warrant for the officer or
person named in the order to arrest and deliver the
committed person to the proper correctional officials and
shall be executed the same as criminal process.
(u-6) To appoint a point of contact person who shall
receive suggestions, complaints, or other requests to the

Department from visitors to Department institutions or
facilities and from other members of the public.
(v) To do all other acts necessary to carry out the
provisions of this Chapter.
(2) The Department of Corrections shall by January 1,
1998, consider building and operating a correctional facility
within 100 miles of a county of over 2,000,000 inhabitants,
especially a facility designed to house juvenile participants
in the impact incarceration program.
(3) When the Department lets bids for contracts for
medical services to be provided to persons committed to
Department facilities by a health maintenance organization,
medical service corporation, or other health care provider,
the bid may only be let to a health care provider that has
obtained an irrevocable letter of credit or performance bond
issued by a company whose bonds have an investment grade or
higher rating by a bond rating organization.
(4) When the Department lets bids for contracts for food
or commissary services to be provided to Department
facilities, the bid may only be let to a food or commissary
services provider that has obtained an irrevocable letter of
credit or performance bond issued by a company whose bonds
have an investment grade or higher rating by a bond rating
organization.
(5) On and after the date 6 months after August 16, 2013
(the effective date of Public Act 98-488), as provided in the

Executive Order 1 (2012) Implementation Act, all of the
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were transferred
from the Department of Corrections to the Department of
Healthcare and Family Services by Executive Order 3 (2005) are
transferred back to the Department of Corrections; however,
powers, duties, rights, and responsibilities related to State
healthcare purchasing under this Code that were exercised by
the Department of Corrections before the effective date of
Executive Order 3 (2005) but that pertain to individuals
resident in facilities operated by the Department of Juvenile
Justice are transferred to the Department of Juvenile Justice.
(Source: P.A. 101-235, eff. 1-1-20; 102-350, eff. 8-13-21;
102-535, eff. 1-1-22; 102-538, eff. 8-20-21; revised
10-15-21.)
(730 ILCS 5/Ch. III Art. 3 heading)
ARTICLE 3. PRISONER REVIEW PAROLE AND PARDON BOARD
(730 ILCS 5/3-3-14)
Sec. 3-3-14. Procedure for medical release.
(a) Definitions. :
(1) As used in this Section, "medically incapacitated"
means that an inmate has any diagnosable medical
condition, including dementia and severe, permanent
medical or cognitive disability, that prevents the inmate

from completing more than one activity of daily living
without assistance or that incapacitates the inmate to the
extent that institutional confinement does not offer
additional restrictions, and that the condition is
unlikely to improve noticeably in the future.
(2) As used in this Section, "terminal illness" means
a condition that satisfies all of the following criteria:
(i) the condition is irreversible and incurable;
and
(ii) in accordance with medical standards and a
reasonable degree of medical certainty, based on an
individual assessment of the inmate, the condition is
likely to cause death to the inmate within 18 months.
(b) The Prisoner Review Board shall consider an
application for compassionate release on behalf of any inmate
who meets any of the following:
(1) is suffering from a terminal illness; or
(2) has been diagnosed with a condition that will
result in medical incapacity within the next 6 months; or
(3) has become medically incapacitated subsequent to
sentencing due to illness or injury.
(c) Initial application. Application:
(1) An initial application for medical release may be
filed with the Prisoner Review Board by an inmate, a
prison official, a medical professional who has treated or
diagnosed the inmate, or an inmate's spouse, parent,

guardian, grandparent, aunt or uncle, sibling, child over
the age of eighteen years, or attorney. If the initial
application is made by someone other than the inmate, the
inmate, or if the inmate is they are medically unable to
consent, the guardian or family member designated to
represent the inmate's their interests must consent to the
application at the time of the institutional hearing.
(2) Application materials shall be maintained on the
Prisoner Review Board's website and , the Department of
Corrections' website, and maintained in a clearly visible
place within the law library and the infirmary of every
penal institution and facility operated by the Department
of Corrections.
(3) The initial application need not be notarized, can
be sent via email or facsimile, and must contain the
following information:
(i) the inmate's name and Illinois Department of
Corrections number;
(ii) the inmate's diagnosis;
(iii) a statement that the inmate meets one of the
following diagnostic criteria:
(A) (a) the inmate is suffering from a
terminal illness;
(B) (b) the inmate has been diagnosed with a
condition that will result in medical incapacity
within the next 6 months; or

(C) (c) the inmate has become medically
incapacitated subsequent to sentencing due to
illness or injury.
(4) Upon receiving the inmate's initial application,
the Board shall order the Department of Corrections to
have a physician or nurse practitioner evaluate the inmate
and create a written evaluation within ten days of the
Board's order. The evaluation shall include but need not
be limited to:
(i) a concise statement of the inmate's medical
diagnosis, including prognosis, likelihood of
recovery, and primary symptoms, to include
incapacitation; and
(ii) a statement confirming or denying that the
inmate meets one of the criteria stated in subsection
(b) of this Section.
(d) Institutional hearing. No public institutional hearing
is required for consideration of a petition, but shall be
granted at the request of the petitioner. The inmate may be
represented by counsel and may present witnesses to the Board
members. Hearings shall be governed by the Open Parole
Hearings Act.
(e) Voting procedure. Petitions shall be considered by
three-member panels, and decisions shall be made by simple
majority.
(f) Consideration. In considering a petition for release

under the statute, the Prisoner Review Board may consider the
following factors:
(i) the inmate's diagnosis and likelihood of
recovery;
(ii) the approximate cost of health care to the
State should the inmate remain in custody;
(iii) the impact that the inmate's continued
incarceration may have on the provision of medical
care within the Department;
(iv) the present likelihood of and ability to pose
a substantial danger to the physical safety of a
specifically identifiable person or persons;
(v) any statements by the victim regarding
release; and
(vi) whether the inmate's condition was explicitly
disclosed to the original sentencing judge and taken
into account at the time of sentencing.
(g) Inmates granted medical release shall be released on
mandatory supervised release for a period of 5 years subject
to Section 3-3-8, which shall operate to discharge any
remaining term of years imposed upon him or her. However, in no
event shall the eligible person serve a period of mandatory
supervised release greater than the aggregate of the
discharged underlying sentence and the mandatory supervised
release period as set forth in Section 5-4.5-20.
(h) Within 90 days of the receipt of the initial

application, the Prisoner Review Board shall conduct a hearing
if a hearing is requested and render a decision granting or
denying the petitioner's request for release.
(i) Nothing in this statute shall preclude a petitioner
from seeking alternative forms of release, including clemency,
relief from the sentencing court, post-conviction relief, or
any other legal remedy.
(j) This act applies retroactively, and shall be
applicable to all currently incarcerated people in Illinois.
(k) Data report. The Department of Corrections and the
Prisoner Review Board shall release a report annually
published on their websites that reports the following
information about the Medical Release Program:
(1) The number of applications for medical release
received by the Board in the preceding year, and
information about those applications, including:
(i) demographic data about the individual,
including race or ethnicity, gender, age, and
institution;
(ii) the highest class of offense for which the
individual is incarcerated;
(iii) the relationship of the applicant to the
person completing the application;
(iv) whether the applicant had applied for medical
release before and been denied, and, if so, when;
(v) whether the person applied as a person who is

medically incapacitated or a person who is terminally
ill; and
(vi) a basic description of the underlying medical
condition that led to the application.
(2) The number of medical statements from the
Department of Corrections received by the Board. ;
(3) The number of institutional hearings on medical
release applications conducted by the Board. ;
(4) The number of people approved for medical release,
and information about them, including:
(i) demographic data about the individual
including race or ethnicity, gender, age, and zip code
to which they were released;
(ii) whether the person applied as a person who is
medically incapacitated or a person who is terminally
ill;
(iii) a basic description of the underlying
medical condition that led to the application; and
(iv) a basic description of the medical setting
the person was released to.
(5) The number of people released on the medical
release program. ;
(6) The number of people approved for medical release
who experienced more than a one-month one month delay
between release decision and ultimate release, including: ;
(i) demographic data about the individuals

including race or ethnicity, gender and age;
(ii) the reason for the delay;
(iii) whether the person remains incarcerated; and
(iv) a basic description of the underlying medical
condition of the applying person.
(7) For those individuals released on mandatory
supervised release due to a granted application for
medical release: ;
(i) the number of individuals who were serving
terms of mandatory supervised release because of
medical release applications during the previous year;
(ii) the number of individuals who had their
mandatory supervised release revoked; and
(iii) the number of individuals who died during
the previous year.
(8) Information on seriously ill individuals
incarcerated at the Department of Corrections, including:
(i) the number of people currently receiving
full-time one-on-one medical care or assistance with
activities of daily living within Department of
Corrections facilities and whether that care is
provided by a medical practitioner or an inmate, along
with the institutions at which they are incarcerated;
and
(ii) the number of people who spent more than one
month in outside hospital care during the previous

year and their home institutions.
All the information provided in this report shall be
provided in aggregate, and nothing shall be construed to
require the public dissemination of any personal medical
information.
(Source: P.A. 102-494, eff. 1-1-22; revised 11-24-21.)
(730 ILCS 5/3-6-7.2)
Sec. 3-6-7.2. Educational programming programing for
pregnant committed persons. The Department shall develop and
provide to each pregnant committed person educational
programming relating to pregnancy and parenting. The
programming must include instruction regarding:
(1) appropriate prenatal care and hygiene;
(2) the effects of prenatal exposure to alcohol and
drugs on a developing fetus;
(3) parenting skills; and
(4) medical and mental health issues applicable to
children.
(Source: P.A. 101-652, eff. 7-1-21; revised 11-24-21.)
(730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
Sec. 3-14-1. Release from the institution.
(a) Upon release of a person on parole, mandatory release,
final discharge, or pardon, the Department shall return all
property held for him, provide him with suitable clothing and

procure necessary transportation for him to his designated
place of residence and employment. It may provide such person
with a grant of money for travel and expenses which may be paid
in installments. The amount of the money grant shall be
determined by the Department.
(a-1) The Department shall, before a wrongfully imprisoned
person, as defined in Section 3-1-2 of this Code, is
discharged from the Department, provide him or her with any
documents necessary after discharge.
(a-2) The Department of Corrections may establish and
maintain, in any institution it administers, revolving funds
to be known as "Travel and Allowances Revolving Funds". These
revolving funds shall be used for advancing travel and expense
allowances to committed, paroled, and discharged prisoners.
The moneys paid into such revolving funds shall be from
appropriations to the Department for Committed, Paroled, and
Discharged Prisoners.
(a-3) Upon release of a person who is eligible to vote on
parole, mandatory release, final discharge, or pardon, the
Department shall provide the person with a form that informs
him or her that his or her voting rights have been restored and
a voter registration application. The Department shall have
available voter registration applications in the languages
provided by the Illinois State Board of Elections. The form
that informs the person that his or her rights have been
restored shall include the following information:

(1) All voting rights are restored upon release from
the Department's custody.
(2) A person who is eligible to vote must register in
order to be able to vote.
The Department of Corrections shall confirm that the
person received the voter registration application and has
been informed that his or her voting rights have been
restored.
(a-4) Prior to release of a person on parole, mandatory
supervised release, final discharge, or pardon, the Department
shall screen every person for Medicaid eligibility. Officials
of the correctional institution or facility where the
committed person is assigned shall assist an eligible person
to complete a Medicaid application to ensure that the person
begins receiving benefits as soon as possible after his or her
release. The application must include the eligible person's
address associated with his or her residence upon release from
the facility. If the residence is temporary, the eligible
person must notify the Department of Human Services of his or
her change in address upon transition to permanent housing.
(b) (Blank).
(c) Except as otherwise provided in this Code, the
Department shall establish procedures to provide written
notification of any release of any person who has been
convicted of a felony to the State's Attorney and sheriff of
the county from which the offender was committed, and the

State's Attorney and sheriff of the county into which the
offender is to be paroled or released. Except as otherwise
provided in this Code, the Department shall establish
procedures to provide written notification to the proper law
enforcement agency for any municipality of any release of any
person who has been convicted of a felony if the arrest of the
offender or the commission of the offense took place in the
municipality, if the offender is to be paroled or released
into the municipality, or if the offender resided in the
municipality at the time of the commission of the offense. If a
person convicted of a felony who is in the custody of the
Department of Corrections or on parole or mandatory supervised
release informs the Department that he or she has resided,
resides, or will reside at an address that is a housing
facility owned, managed, operated, or leased by a public
housing agency, the Department must send written notification
of that information to the public housing agency that owns,
manages, operates, or leases the housing facility. The written
notification shall, when possible, be given at least 14 days
before release of the person from custody, or as soon
thereafter as possible. The written notification shall be
provided electronically if the State's Attorney, sheriff,
proper law enforcement agency, or public housing agency has
provided the Department with an accurate and up to date email
address.
(c-1) (Blank).

(c-2) The Department shall establish procedures to provide
notice to the Illinois State Police of the release or
discharge of persons convicted of violations of the
Methamphetamine Control and Community Protection Act or a
violation of the Methamphetamine Precursor Control Act. The
Illinois State Police shall make this information available to
local, State, or federal law enforcement agencies upon
request.
(c-5) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide copies of the
following information to the appropriate licensing or
regulating Department and the licensed or regulated facility
where the person becomes a resident:
(1) The mittimus and any pre-sentence investigation
reports.
(2) The social evaluation prepared pursuant to Section
3-8-2.
(3) Any pre-release evaluation conducted pursuant to
subsection (j) of Section 3-6-2.
(4) Reports of disciplinary infractions and
dispositions.
(5) Any parole plan, including orders issued by the
Prisoner Review Board, and any violation reports and

dispositions.
(6) The name and contact information for the assigned
parole agent and parole supervisor.
This information shall be provided within 3 days of the
person becoming a resident of the facility.
(c-10) If a person on parole or mandatory supervised
release becomes a resident of a facility licensed or regulated
by the Department of Public Health, the Illinois Department of
Public Aid, or the Illinois Department of Human Services, the
Department of Corrections shall provide written notification
of such residence to the following:
(1) The Prisoner Review Board.
(2) The chief of police and sheriff in the
municipality and county in which the licensed facility is
located.
The notification shall be provided within 3 days of the
person becoming a resident of the facility.
(d) Upon the release of a committed person on parole,
mandatory supervised release, final discharge, or pardon, the
Department shall provide such person with information
concerning programs and services of the Illinois Department of
Public Health to ascertain whether such person has been
exposed to the human immunodeficiency virus (HIV) or any
identified causative agent of Acquired Immunodeficiency
Syndrome (AIDS).
(e) Upon the release of a committed person on parole,

mandatory supervised release, final discharge, pardon, or who
has been wrongfully imprisoned, the Department shall verify
the released person's full name, date of birth, and social
security number. If verification is made by the Department by
obtaining a certified copy of the released person's birth
certificate and the released person's social security card or
other documents authorized by the Secretary, the Department
shall provide the birth certificate and social security card
or other documents authorized by the Secretary to the released
person. If verification by the Department is done by means
other than obtaining a certified copy of the released person's
birth certificate and the released person's social security
card or other documents authorized by the Secretary, the
Department shall complete a verification form, prescribed by
the Secretary of State, and shall provide that verification
form to the released person.
(f) Forty-five days prior to the scheduled discharge of a
person committed to the custody of the Department of
Corrections, the Department shall give the person:
(1) who is otherwise uninsured an opportunity to apply
for health care coverage including medical assistance
under Article V of the Illinois Public Aid Code in
accordance with subsection (b) of Section 1-8.5 of the
Illinois Public Aid Code, and the Department of
Corrections shall provide assistance with completion of
the application for health care coverage including medical

assistance;
(2) information about obtaining a standard Illinois
Identification Card or a limited-term Illinois
Identification Card under Section 4 of the Illinois
Identification Card Act;
(3) information about voter registration and may
distribute information prepared by the State Board of
Elections. The Department of Corrections may enter into an
interagency contract with the State Board of Elections to
participate in the automatic voter registration program
and be a designated automatic voter registration agency
under Section 1A-16.2 of the Election Code;
(4) information about job listings upon discharge from
the correctional institution or facility;
(5) information about available housing upon discharge
from the correctional institution or facility;
(6) a directory of elected State officials and of
officials elected in the county and municipality, if any,
in which the committed person intends to reside upon
discharge from the correctional institution or facility;
and
(7) any other information that the Department of
Corrections deems necessary to provide the committed
person in order for the committed person to reenter the
community and avoid recidivism.
The Department may adopt rules to implement this Section.

(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-606, eff.
1-1-22; revised 10-15-21.)
(730 ILCS 5/5-4-1) (from Ch. 38, par. 1005-4-1)
Sec. 5-4-1. Sentencing hearing.
(a) Except when the death penalty is sought under hearing
procedures otherwise specified, after a determination of
guilt, a hearing shall be held to impose the sentence.
However, prior to the imposition of sentence on an individual
being sentenced for an offense based upon a charge for a
violation of Section 11-501 of the Illinois Vehicle Code or a
similar provision of a local ordinance, the individual must
undergo a professional evaluation to determine if an alcohol
or other drug abuse problem exists and the extent of such a
problem. Programs conducting these evaluations shall be
licensed by the Department of Human Services. However, if the
individual is not a resident of Illinois, the court may, in its
discretion, accept an evaluation from a program in the state
of such individual's residence. The court shall make a
specific finding about whether the defendant is eligible for
participation in a Department impact incarceration program as
provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
explanation as to why a sentence to impact incarceration is
not an appropriate sentence. The court may in its sentencing
order recommend a defendant for placement in a Department of

Corrections substance abuse treatment program as provided in
paragraph (a) of subsection (1) of Section 3-2-2 conditioned
upon the defendant being accepted in a program by the
Department of Corrections. At the hearing the court shall:
(1) consider the evidence, if any, received upon the
trial;
(2) consider any presentence reports;
(3) consider the financial impact of incarceration
based on the financial impact statement filed with the
clerk of the court by the Department of Corrections;
(4) consider evidence and information offered by the
parties in aggravation and mitigation;
(4.5) consider substance abuse treatment, eligibility
screening, and an assessment, if any, of the defendant by
an agent designated by the State of Illinois to provide
assessment services for the Illinois courts;
(5) hear arguments as to sentencing alternatives;
(6) afford the defendant the opportunity to make a
statement in his own behalf;
(7) afford the victim of a violent crime or a
violation of Section 11-501 of the Illinois Vehicle Code,
or a similar provision of a local ordinance, the
opportunity to present an oral or written statement, as
guaranteed by Article I, Section 8.1 of the Illinois
Constitution and provided in Section 6 of the Rights of
Crime Victims and Witnesses Act. The court shall allow a

victim to make an oral statement if the victim is present
in the courtroom and requests to make an oral or written
statement. An oral or written statement includes the
victim or a representative of the victim reading the
written statement. The court may allow persons impacted by
the crime who are not victims under subsection (a) of
Section 3 of the Rights of Crime Victims and Witnesses Act
to present an oral or written statement. A victim and any
person making an oral statement shall not be put under
oath or subject to cross-examination. All statements
offered under this paragraph (7) shall become part of the
record of the court. In this paragraph (7), "victim of a
violent crime" means a person who is a victim of a violent
crime for which the defendant has been convicted after a
bench or jury trial or a person who is the victim of a
violent crime with which the defendant was charged and the
defendant has been convicted under a plea agreement of a
crime that is not a violent crime as defined in subsection
(c) of 3 of the Rights of Crime Victims and Witnesses Act;
(7.5) afford a qualified person affected by: (i) a
violation of Section 405, 405.1, 405.2, or 407 of the
Illinois Controlled Substances Act or a violation of
Section 55 or Section 65 of the Methamphetamine Control
and Community Protection Act; or (ii) a Class 4 felony
violation of Section 11-14, 11-14.3 except as described in
subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,

11-18.1, or 11-19 of the Criminal Code of 1961 or the
Criminal Code of 2012, committed by the defendant the
opportunity to make a statement concerning the impact on
the qualified person and to offer evidence in aggravation
or mitigation; provided that the statement and evidence
offered in aggravation or mitigation shall first be
prepared in writing in conjunction with the State's
Attorney before it may be presented orally at the hearing.
Sworn testimony offered by the qualified person is subject
to the defendant's right to cross-examine. All statements
and evidence offered under this paragraph (7.5) shall
become part of the record of the court. In this paragraph
(7.5), "qualified person" means any person who: (i) lived
or worked within the territorial jurisdiction where the
offense took place when the offense took place; or (ii) is
familiar with various public places within the territorial
jurisdiction where the offense took place when the offense
took place. "Qualified person" includes any peace officer
or any member of any duly organized State, county, or
municipal peace officer unit assigned to the territorial
jurisdiction where the offense took place when the offense
took place;
(8) in cases of reckless homicide afford the victim's
spouse, guardians, parents or other immediate family
members an opportunity to make oral statements;
(9) in cases involving a felony sex offense as defined

under the Sex Offender Management Board Act, consider the
results of the sex offender evaluation conducted pursuant
to Section 5-3-2 of this Act; and
(10) make a finding of whether a motor vehicle was
used in the commission of the offense for which the
defendant is being sentenced.
(b) All sentences shall be imposed by the judge based upon
his independent assessment of the elements specified above and
any agreement as to sentence reached by the parties. The judge
who presided at the trial or the judge who accepted the plea of
guilty shall impose the sentence unless he is no longer
sitting as a judge in that court. Where the judge does not
impose sentence at the same time on all defendants who are
convicted as a result of being involved in the same offense,
the defendant or the State's Attorney may advise the
sentencing court of the disposition of any other defendants
who have been sentenced.
(b-1) In imposing a sentence of imprisonment or periodic
imprisonment for a Class 3 or Class 4 felony for which a
sentence of probation or conditional discharge is an available
sentence, if the defendant has no prior sentence of probation
or conditional discharge and no prior conviction for a violent
crime, the defendant shall not be sentenced to imprisonment
before review and consideration of a presentence report and
determination and explanation of why the particular evidence,
information, factor in aggravation, factual finding, or other

reasons support a sentencing determination that one or more of
the factors under subsection (a) of Section 5-6-1 of this Code
apply and that probation or conditional discharge is not an
appropriate sentence.
(c) In imposing a sentence for a violent crime or for an
offense of operating or being in physical control of a vehicle
while under the influence of alcohol, any other drug or any
combination thereof, or a similar provision of a local
ordinance, when such offense resulted in the personal injury
to someone other than the defendant, the trial judge shall
specify on the record the particular evidence, information,
factors in mitigation and aggravation or other reasons that
led to his sentencing determination. The full verbatim record
of the sentencing hearing shall be filed with the clerk of the
court and shall be a public record.
(c-1) In imposing a sentence for the offense of aggravated
kidnapping for ransom, home invasion, armed robbery,
aggravated vehicular hijacking, aggravated discharge of a
firearm, or armed violence with a category I weapon or
category II weapon, the trial judge shall make a finding as to
whether the conduct leading to conviction for the offense
resulted in great bodily harm to a victim, and shall enter that
finding and the basis for that finding in the record.
(c-1.5) Notwithstanding any other provision of law to the
contrary, in imposing a sentence for an offense that requires
a mandatory minimum sentence of imprisonment, the court may

instead sentence the offender to probation, conditional
discharge, or a lesser term of imprisonment it deems
appropriate if: (1) the offense involves the use or possession
of drugs, retail theft, or driving on a revoked license due to
unpaid financial obligations; (2) the court finds that the
defendant does not pose a risk to public safety; and (3) the
interest of justice requires imposing a term of probation,
conditional discharge, or a lesser term of imprisonment. The
court must state on the record its reasons for imposing
probation, conditional discharge, or a lesser term of
imprisonment.
(c-2) If the defendant is sentenced to prison, other than
when a sentence of natural life imprisonment or a sentence of
death is imposed, at the time the sentence is imposed the judge
shall state on the record in open court the approximate period
of time the defendant will serve in custody according to the
then current statutory rules and regulations for sentence
credit found in Section 3-6-3 and other related provisions of
this Code. This statement is intended solely to inform the
public, has no legal effect on the defendant's actual release,
and may not be relied on by the defendant on appeal.
The judge's statement, to be given after pronouncing the
sentence, other than when the sentence is imposed for one of
the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
shall include the following:
"The purpose of this statement is to inform the public of

the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, assuming the defendant receives all of his or her
sentence credit, the period of estimated actual custody is ...
years and ... months, less up to 180 days additional earned
sentence credit. If the defendant, because of his or her own
misconduct or failure to comply with the institutional
regulations, does not receive those credits, the actual time
served in prison will be longer. The defendant may also
receive an additional one-half day sentence credit for each
day of participation in vocational, industry, substance abuse,
and educational programs as provided for by Illinois statute."
When the sentence is imposed for one of the offenses
enumerated in paragraph (a)(2) of Section 3-6-3, other than
first degree murder, and the offense was committed on or after
June 19, 1998, and when the sentence is imposed for reckless
homicide as defined in subsection (e) of Section 9-3 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
offense was committed on or after January 1, 1999, and when the
sentence is imposed for aggravated driving under the influence
of alcohol, other drug or drugs, or intoxicating compound or
compounds, or any combination thereof as defined in
subparagraph (F) of paragraph (1) of subsection (d) of Section

11-501 of the Illinois Vehicle Code, and when the sentence is
imposed for aggravated arson if the offense was committed on
or after July 27, 2001 (the effective date of Public Act
92-176), and when the sentence is imposed for aggravated
driving under the influence of alcohol, other drug or drugs,
or intoxicating compound or compounds, or any combination
thereof as defined in subparagraph (C) of paragraph (1) of
subsection (d) of Section 11-501 of the Illinois Vehicle Code
committed on or after January 1, 2011 (the effective date of
Public Act 96-1230), the judge's statement, to be given after
pronouncing the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is entitled to no more than 4 1/2 days of
sentence credit for each month of his or her sentence of
imprisonment. Therefore, this defendant will serve at least
85% of his or her sentence. Assuming the defendant receives 4
1/2 days credit for each month of his or her sentence, the
period of estimated actual custody is ... years and ...
months. If the defendant, because of his or her own misconduct
or failure to comply with the institutional regulations
receives lesser credit, the actual time served in prison will

be longer."
When a sentence of imprisonment is imposed for first
degree murder and the offense was committed on or after June
19, 1998, the judge's statement, to be given after pronouncing
the sentence, shall include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois
as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant is not entitled to sentence credit.
Therefore, this defendant will serve 100% of his or her
sentence."
When the sentencing order recommends placement in a
substance abuse program for any offense that results in
incarceration in a Department of Corrections facility and the
crime was committed on or after September 1, 2003 (the
effective date of Public Act 93-354), the judge's statement,
in addition to any other judge's statement required under this
Section, to be given after pronouncing the sentence, shall
include the following:
"The purpose of this statement is to inform the public of
the actual period of time this defendant is likely to spend in
prison as a result of this sentence. The actual period of
prison time served is determined by the statutes of Illinois

as applied to this sentence by the Illinois Department of
Corrections and the Illinois Prisoner Review Board. In this
case, the defendant shall receive no earned sentence credit
under clause (3) of subsection (a) of Section 3-6-3 until he or
she participates in and completes a substance abuse treatment
program or receives a waiver from the Director of Corrections
pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
(c-4) Before the sentencing hearing and as part of the
presentence investigation under Section 5-3-1, the court shall
inquire of the defendant whether the defendant is currently
serving in or is a veteran of the Armed Forces of the United
States. If the defendant is currently serving in the Armed
Forces of the United States or is a veteran of the Armed Forces
of the United States and has been diagnosed as having a mental
illness by a qualified psychiatrist or clinical psychologist
or physician, the court may:
(1) order that the officer preparing the presentence
report consult with the United States Department of
Veterans Affairs, Illinois Department of Veterans'
Affairs, or another agency or person with suitable
knowledge or experience for the purpose of providing the
court with information regarding treatment options
available to the defendant, including federal, State, and
local programming; and
(2) consider the treatment recommendations of any
diagnosing or treating mental health professionals

together with the treatment options available to the
defendant in imposing sentence.
For the purposes of this subsection (c-4), "qualified
psychiatrist" means a reputable physician licensed in Illinois
to practice medicine in all its branches, who has specialized
in the diagnosis and treatment of mental and nervous disorders
for a period of not less than 5 years.
(c-6) In imposing a sentence, the trial judge shall
specify, on the record, the particular evidence and other
reasons which led to his or her determination that a motor
vehicle was used in the commission of the offense.
(c-7) In imposing a sentence for a Class 3 or 4 felony,
other than a violent crime as defined in Section 3 of the
Rights of Crime Victims and Witnesses Act, the court shall
determine and indicate in the sentencing order whether the
defendant has 4 or more or fewer than 4 months remaining on his
or her sentence accounting for time served.
(d) When the defendant is committed to the Department of
Corrections, the State's Attorney shall and counsel for the
defendant may file a statement with the clerk of the court to
be transmitted to the department, agency or institution to
which the defendant is committed to furnish such department,
agency or institution with the facts and circumstances of the
offense for which the person was committed together with all
other factual information accessible to them in regard to the
person prior to his commitment relative to his habits,

associates, disposition and reputation and any other facts and
circumstances which may aid such department, agency or
institution during its custody of such person. The clerk shall
within 10 days after receiving any such statements transmit a
copy to such department, agency or institution and a copy to
the other party, provided, however, that this shall not be
cause for delay in conveying the person to the department,
agency or institution to which he has been committed.
(e) The clerk of the court shall transmit to the
department, agency or institution, if any, to which the
defendant is committed, the following:
(1) the sentence imposed;
(2) any statement by the court of the basis for
imposing the sentence;
(3) any presentence reports;
(3.5) any sex offender evaluations;
(3.6) any substance abuse treatment eligibility
screening and assessment of the defendant by an agent
designated by the State of Illinois to provide assessment
services for the Illinois courts;
(4) the number of days, if any, which the defendant
has been in custody and for which he is entitled to credit
against the sentence, which information shall be provided
to the clerk by the sheriff;
(4.1) any finding of great bodily harm made by the
court with respect to an offense enumerated in subsection

(c-1);
(5) all statements filed under subsection (d) of this
Section;
(6) any medical or mental health records or summaries
of the defendant;
(7) the municipality where the arrest of the offender
or the commission of the offense has occurred, where such
municipality has a population of more than 25,000 persons;
(8) all statements made and evidence offered under
paragraph (7) of subsection (a) of this Section; and
(9) all additional matters which the court directs the
clerk to transmit.
(f) In cases in which the court finds that a motor vehicle
was used in the commission of the offense for which the
defendant is being sentenced, the clerk of the court shall,
within 5 days thereafter, forward a report of such conviction
to the Secretary of State.
(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
101-105, eff. 1-1-20; 101-652, Article 10, Section 10-281,
eff. 7-1-21; 101-652, Article 20, Section 20-5, eff. 7-1-21;
revised 11-22-21.)
(730 ILCS 5/5-4-3a)
Sec. 5-4-3a. DNA testing backlog accountability.
(a) On or before August 1 of each year, the Illinois State
Police shall report to the Governor and both houses of the

General Assembly the following information:
(1) the extent of the backlog of cases awaiting
testing or awaiting DNA analysis by the Illinois State
Police that Department, including, but not limited to,
those tests conducted under Section 5-4-3, as of June 30
of the previous fiscal year, with the backlog being
defined as all cases awaiting forensic testing whether in
the physical custody of the Illinois State Police or in
the physical custody of local law enforcement, provided
that the Illinois State Police have written notice of any
evidence in the physical custody of local law enforcement
prior to June 1 of that year; and
(2) what measures have been and are being taken to
reduce that backlog and the estimated costs or
expenditures in doing so.
(b) The information reported under this Section shall be
made available to the public, at the time it is reported, on
the official website web site of the Illinois State Police.
(c) Beginning January 1, 2016, the Illinois State Police
shall quarterly report on the status of the processing of
biology submitted to the Illinois State Police Laboratory for
analysis. The report shall be submitted to the Governor and
the General Assembly, and shall be posted on the Illinois
State Police website. The report shall include the following
for each Illinois State Police Laboratory location and any
laboratory to which the Illinois State Police has outsourced

evidence for testing:
(1) For biology submissions, report both total
assignment and sexual assault or abuse assignment (as
defined by the Sexual Assault Evidence Submission Act)
figures for:
(A) The number of assignments received in the
preceding quarter.
(B) The number of assignments completed in the
preceding quarter.
(C) The number of assignments awaiting waiting
analysis.
(D) The number of assignments sent for
outsourcing.
(E) The number of assignments awaiting waiting
analysis that were received within the past 30 days.
(F) The number of assignments awaiting waiting
analysis that were received 31 to 90 days prior.
(G) The number of assignments awaiting waiting
analysis that were received 91 to 180 days prior.
(H) The number of assignments awaiting waiting
analysis that were received 181 to 365 days prior.
(I) The number of assignments awaiting waiting
analysis that were received more than 365 days prior.
(J) (Blank).
(2) (Blank).
(3) For all other categories of testing (e.g., drug

chemistry, firearms/toolmark, footwear/tire track, latent
prints, toxicology, and trace chemistry analysis):
(A) The number of assignments received in the
preceding quarter.
(B) The number of assignments completed in the
preceding quarter.
(C) The number of assignments awaiting waiting
analysis.
(D) The number of cases entered in the National
Integrated Ballistic Information Network (NIBIN).
(E) The number of investigative leads developed
from National Integrated Ballistic Information Network
(NIBIN) analysis.
(4) For the Combined DNA Index System (CODIS), report
both total assignment and sexual assault or abuse
assignment (as defined by the Sexual Assault Evidence
Submission Act) figures for subparagraphs (D), (E), and
(F) of this paragraph (4):
(A) The number of new offender samples received in
the preceding quarter.
(B) The number of offender samples uploaded to
CODIS in the preceding quarter.
(C) The number of offender samples awaiting
analysis.
(D) The number of unknown DNA case profiles
uploaded to CODIS in the preceding quarter.

(E) The number of CODIS hits in the preceding
quarter.
(F) The number of forensic evidence submissions
submitted to confirm a previously reported CODIS hit.
(5) For each category of testing, report the number of
trained forensic scientists and the number of forensic
scientists in training.
As used in this subsection (c), "completed" means
completion of both the analysis of the evidence and the
provision of the results to the submitting law enforcement
agency.
(d) The provisions of this subsection (d), other than this
sentence, are inoperative on and after January 1, 2019 or 2
years after the effective date of this amendatory Act of the
99th General Assembly, whichever is later. In consultation
with and subject to the approval of the Chief Procurement
Officer, the Illinois State Police may obtain contracts for
services, commodities, and equipment to assist in the timely
completion of biology, drug chemistry, firearms/toolmark,
footwear/tire track, latent prints, toxicology, microscopy,
trace chemistry, and Combined DNA Index System (CODIS)
analysis. Contracts to support the delivery of timely forensic
science services are not subject to the provisions of the
Illinois Procurement Code, except for Sections 20-60, 20-65,
20-70, and 20-160 and Article 50 of that Code, provided that
the Chief Procurement Officer may, in writing with

justification, waive any certification required under Article
50 of the Illinois Procurement Code. For any contracts for
services which are currently provided by members of a
collective bargaining agreement, the applicable terms of the
collective bargaining agreement concerning subcontracting
shall be followed.
(Source: P.A. 102-237, eff. 1-1-22; 102-278, eff. 8-6-21;
102-538, eff. 8-20-21; revised 10-15-21.)
(730 ILCS 5/5-5-3)
Sec. 5-5-3. Disposition.
(a) (Blank).
(b) (Blank).
(c) (1) (Blank).
(2) A period of probation, a term of periodic imprisonment
or conditional discharge shall not be imposed for the
following offenses. The court shall sentence the offender to
not less than the minimum term of imprisonment set forth in
this Code for the following offenses, and may order a fine or
restitution or both in conjunction with such term of
imprisonment:
(A) First degree murder where the death penalty is not
imposed.
(B) Attempted first degree murder.
(C) A Class X felony.
(D) A violation of Section 401.1 or 407 of the

Illinois Controlled Substances Act, or a violation of
subdivision (c)(1.5) of Section 401 of that Act which
relates to more than 5 grams of a substance containing
fentanyl or an analog thereof.
(D-5) A violation of subdivision (c)(1) of Section 401
of the Illinois Controlled Substances Act which relates to
3 or more grams of a substance containing heroin or an
analog thereof.
(E) (Blank).
(F) A Class 1 or greater felony if the offender had
been convicted of a Class 1 or greater felony, including
any state or federal conviction for an offense that
contained, at the time it was committed, the same elements
as an offense now (the date of the offense committed after
the prior Class 1 or greater felony) classified as a Class
1 or greater felony, within 10 years of the date on which
the offender committed the offense for which he or she is
being sentenced, except as otherwise provided in Section
40-10 of the Substance Use Disorder Act.
(F-3) A Class 2 or greater felony sex offense or
felony firearm offense if the offender had been convicted
of a Class 2 or greater felony, including any state or
federal conviction for an offense that contained, at the
time it was committed, the same elements as an offense now
(the date of the offense committed after the prior Class 2
or greater felony) classified as a Class 2 or greater

felony, within 10 years of the date on which the offender
committed the offense for which he or she is being
sentenced, except as otherwise provided in Section 40-10
of the Substance Use Disorder Act.
(F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
of the Criminal Code of 1961 or the Criminal Code of 2012
for which imprisonment is prescribed in those Sections.
(G) Residential burglary, except as otherwise provided
in Section 40-10 of the Substance Use Disorder Act.
(H) Criminal sexual assault.
(I) Aggravated battery of a senior citizen as
described in Section 12-4.6 or subdivision (a)(4) of
Section 12-3.05 of the Criminal Code of 1961 or the
Criminal Code of 2012.
(J) A forcible felony if the offense was related to
the activities of an organized gang.
Before July 1, 1994, for the purposes of this
paragraph, "organized gang" means an association of 5 or
more persons, with an established hierarchy, that
encourages members of the association to perpetrate crimes
or provides support to the members of the association who
do commit crimes.
Beginning July 1, 1994, for the purposes of this
paragraph, "organized gang" has the meaning ascribed to it
in Section 10 of the Illinois Streetgang Terrorism Omnibus
Prevention Act.

(K) Vehicular hijacking.
(L) A second or subsequent conviction for the offense
of hate crime when the underlying offense upon which the
hate crime is based is felony aggravated assault or felony
mob action.
(M) A second or subsequent conviction for the offense
of institutional vandalism if the damage to the property
exceeds $300.
(N) A Class 3 felony violation of paragraph (1) of
subsection (a) of Section 2 of the Firearm Owners
Identification Card Act.
(O) A violation of Section 12-6.1 or 12-6.5 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P) A violation of paragraph (1), (2), (3), (4), (5),
or (7) of subsection (a) of Section 11-20.1 of the
Criminal Code of 1961 or the Criminal Code of 2012.
(P-5) A violation of paragraph (6) of subsection (a)
of Section 11-20.1 of the Criminal Code of 1961 or the
Criminal Code of 2012 if the victim is a household or
family member of the defendant.
(Q) A violation of subsection (b) or (b-5) of Section
20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
Code of 1961 or the Criminal Code of 2012.
(R) A violation of Section 24-3A of the Criminal Code
of 1961 or the Criminal Code of 2012.
(S) (Blank).

(T) (Blank).
(U) A second or subsequent violation of Section 6-303
of the Illinois Vehicle Code committed while his or her
driver's license, permit, or privilege was revoked because
of a violation of Section 9-3 of the Criminal Code of 1961
or the Criminal Code of 2012, relating to the offense of
reckless homicide, or a similar provision of a law of
another state.
(V) A violation of paragraph (4) of subsection (c) of
Section 11-20.1B or paragraph (4) of subsection (c) of
Section 11-20.3 of the Criminal Code of 1961, or paragraph
(6) of subsection (a) of Section 11-20.1 of the Criminal
Code of 2012 when the victim is under 13 years of age and
the defendant has previously been convicted under the laws
of this State or any other state of the offense of child
pornography, aggravated child pornography, aggravated
criminal sexual abuse, aggravated criminal sexual assault,
predatory criminal sexual assault of a child, or any of
the offenses formerly known as rape, deviate sexual
assault, indecent liberties with a child, or aggravated
indecent liberties with a child where the victim was under
the age of 18 years or an offense that is substantially
equivalent to those offenses.
(W) A violation of Section 24-3.5 of the Criminal Code
of 1961 or the Criminal Code of 2012.
(X) A violation of subsection (a) of Section 31-1a of

the Criminal Code of 1961 or the Criminal Code of 2012.
(Y) A conviction for unlawful possession of a firearm
by a street gang member when the firearm was loaded or
contained firearm ammunition.
(Z) A Class 1 felony committed while he or she was
serving a term of probation or conditional discharge for a
felony.
(AA) Theft of property exceeding $500,000 and not
exceeding $1,000,000 in value.
(BB) Laundering of criminally derived property of a
value exceeding $500,000.
(CC) Knowingly selling, offering for sale, holding for
sale, or using 2,000 or more counterfeit items or
counterfeit items having a retail value in the aggregate
of $500,000 or more.
(DD) A conviction for aggravated assault under
paragraph (6) of subsection (c) of Section 12-2 of the
Criminal Code of 1961 or the Criminal Code of 2012 if the
firearm is aimed toward the person against whom the
firearm is being used.
(EE) A conviction for a violation of paragraph (2) of
subsection (a) of Section 24-3B of the Criminal Code of
2012.
(3) (Blank).
(4) A minimum term of imprisonment of not less than 10
consecutive days or 30 days of community service shall be

imposed for a violation of paragraph (c) of Section 6-303 of
the Illinois Vehicle Code.
(4.1) (Blank).
(4.2) Except as provided in paragraphs (4.3) and (4.8) of
this subsection (c), a minimum of 100 hours of community
service shall be imposed for a second violation of Section
6-303 of the Illinois Vehicle Code.
(4.3) A minimum term of imprisonment of 30 days or 300
hours of community service, as determined by the court, shall
be imposed for a second violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.4) Except as provided in paragraphs (4.5), (4.6), and
(4.9) of this subsection (c), a minimum term of imprisonment
of 30 days or 300 hours of community service, as determined by
the court, shall be imposed for a third or subsequent
violation of Section 6-303 of the Illinois Vehicle Code. The
court may give credit toward the fulfillment of community
service hours for participation in activities and treatment as
determined by court services.
(4.5) A minimum term of imprisonment of 30 days shall be
imposed for a third violation of subsection (c) of Section
6-303 of the Illinois Vehicle Code.
(4.6) Except as provided in paragraph (4.10) of this
subsection (c), a minimum term of imprisonment of 180 days
shall be imposed for a fourth or subsequent violation of
subsection (c) of Section 6-303 of the Illinois Vehicle Code.

(4.7) A minimum term of imprisonment of not less than 30
consecutive days, or 300 hours of community service, shall be
imposed for a violation of subsection (a-5) of Section 6-303
of the Illinois Vehicle Code, as provided in subsection (b-5)
of that Section.
(4.8) A mandatory prison sentence shall be imposed for a
second violation of subsection (a-5) of Section 6-303 of the
Illinois Vehicle Code, as provided in subsection (c-5) of that
Section. The person's driving privileges shall be revoked for
a period of not less than 5 years from the date of his or her
release from prison.
(4.9) A mandatory prison sentence of not less than 4 and
not more than 15 years shall be imposed for a third violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-2.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(4.10) A mandatory prison sentence for a Class 1 felony
shall be imposed, and the person shall be eligible for an
extended term sentence, for a fourth or subsequent violation
of subsection (a-5) of Section 6-303 of the Illinois Vehicle
Code, as provided in subsection (d-3.5) of that Section. The
person's driving privileges shall be revoked for the remainder
of his or her life.
(5) The court may sentence a corporation or unincorporated
association convicted of any offense to:

(A) a period of conditional discharge;
(B) a fine;
(C) make restitution to the victim under Section 5-5-6
of this Code.
(5.1) In addition to any other penalties imposed, and
except as provided in paragraph (5.2) or (5.3), a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for at least 90 days but not
more than one year, if the violation resulted in damage to the
property of another person.
(5.2) In addition to any other penalties imposed, and
except as provided in paragraph (5.3), a person convicted of
violating subsection (c) of Section 11-907 of the Illinois
Vehicle Code shall have his or her driver's license, permit,
or privileges suspended for at least 180 days but not more than
2 years, if the violation resulted in injury to another
person.
(5.3) In addition to any other penalties imposed, a person
convicted of violating subsection (c) of Section 11-907 of the
Illinois Vehicle Code shall have his or her driver's license,
permit, or privileges suspended for 2 years, if the violation
resulted in the death of another person.
(5.4) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code shall have his or her driver's license, permit, or

privileges suspended for 3 months and until he or she has paid
a reinstatement fee of $100.
(5.5) In addition to any other penalties imposed, a person
convicted of violating Section 3-707 of the Illinois Vehicle
Code during a period in which his or her driver's license,
permit, or privileges were suspended for a previous violation
of that Section shall have his or her driver's license,
permit, or privileges suspended for an additional 6 months
after the expiration of the original 3-month suspension and
until he or she has paid a reinstatement fee of $100.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) A defendant convicted of a second or subsequent
offense of ritualized abuse of a child may be sentenced to a
term of natural life imprisonment.
(10) (Blank).
(11) The court shall impose a minimum fine of $1,000 for a
first offense and $2,000 for a second or subsequent offense
upon a person convicted of or placed on supervision for
battery when the individual harmed was a sports official or
coach at any level of competition and the act causing harm to
the sports official or coach occurred within an athletic
facility or within the immediate vicinity of the athletic
facility at which the sports official or coach was an active
participant of the athletic contest held at the athletic

facility. For the purposes of this paragraph (11), "sports
official" means a person at an athletic contest who enforces
the rules of the contest, such as an umpire or referee;
"athletic facility" means an indoor or outdoor playing field
or recreational area where sports activities are conducted;
and "coach" means a person recognized as a coach by the
sanctioning authority that conducted the sporting event.
(12) A person may not receive a disposition of court
supervision for a violation of Section 5-16 of the Boat
Registration and Safety Act if that person has previously
received a disposition of court supervision for a violation of
that Section.
(13) A person convicted of or placed on court supervision
for an assault or aggravated assault when the victim and the
offender are family or household members as defined in Section
103 of the Illinois Domestic Violence Act of 1986 or convicted
of domestic battery or aggravated domestic battery may be
required to attend a Partner Abuse Intervention Program under
protocols set forth by the Illinois Department of Human
Services under such terms and conditions imposed by the court.
The costs of such classes shall be paid by the offender.
(d) In any case in which a sentence originally imposed is
vacated, the case shall be remanded to the trial court. The
trial court shall hold a hearing under Section 5-4-1 of this
Code which may include evidence of the defendant's life, moral
character and occupation during the time since the original

sentence was passed. The trial court shall then impose
sentence upon the defendant. The trial court may impose any
sentence which could have been imposed at the original trial
subject to Section 5-5-4 of this Code. If a sentence is vacated
on appeal or on collateral attack due to the failure of the
trier of fact at trial to determine beyond a reasonable doubt
the existence of a fact (other than a prior conviction)
necessary to increase the punishment for the offense beyond
the statutory maximum otherwise applicable, either the
defendant may be re-sentenced to a term within the range
otherwise provided or, if the State files notice of its
intention to again seek the extended sentence, the defendant
shall be afforded a new trial.
(e) In cases where prosecution for aggravated criminal
sexual abuse under Section 11-1.60 or 12-16 of the Criminal
Code of 1961 or the Criminal Code of 2012 results in conviction
of a defendant who was a family member of the victim at the
time of the commission of the offense, the court shall
consider the safety and welfare of the victim and may impose a
sentence of probation only where:
(1) the court finds (A) or (B) or both are
appropriate:
(A) the defendant is willing to undergo a court
approved counseling program for a minimum duration of
2 years; or
(B) the defendant is willing to participate in a

court approved plan, including, but not limited to,
the defendant's:
(i) removal from the household;
(ii) restricted contact with the victim;
(iii) continued financial support of the
family;
(iv) restitution for harm done to the victim;
and
(v) compliance with any other measures that
the court may deem appropriate; and
(2) the court orders the defendant to pay for the
victim's counseling services, to the extent that the court
finds, after considering the defendant's income and
assets, that the defendant is financially capable of
paying for such services, if the victim was under 18 years
of age at the time the offense was committed and requires
counseling as a result of the offense.
Probation may be revoked or modified pursuant to Section
5-6-4; except where the court determines at the hearing that
the defendant violated a condition of his or her probation
restricting contact with the victim or other family members or
commits another offense with the victim or other family
members, the court shall revoke the defendant's probation and
impose a term of imprisonment.
For the purposes of this Section, "family member" and
"victim" shall have the meanings ascribed to them in Section

11-0.1 of the Criminal Code of 2012.
(f) (Blank).
(g) Whenever a defendant is convicted of an offense under
Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
11-14.3, 11-14.4 except for an offense that involves keeping a
place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
Criminal Code of 2012, the defendant shall undergo medical
testing to determine whether the defendant has any sexually
transmissible disease, including a test for infection with
human immunodeficiency virus (HIV) or any other identified
causative agent of acquired immunodeficiency syndrome (AIDS).
Any such medical test shall be performed only by appropriately
licensed medical practitioners and may include an analysis of
any bodily fluids as well as an examination of the defendant's
person. Except as otherwise provided by law, the results of
such test shall be kept strictly confidential by all medical
personnel involved in the testing and must be personally
delivered in a sealed envelope to the judge of the court in
which the conviction was entered for the judge's inspection in
camera. Acting in accordance with the best interests of the
victim and the public, the judge shall have the discretion to
determine to whom, if anyone, the results of the testing may be
revealed. The court shall notify the defendant of the test
results. The court shall also notify the victim if requested

by the victim, and if the victim is under the age of 15 and if
requested by the victim's parents or legal guardian, the court
shall notify the victim's parents or legal guardian of the
test results. The court shall provide information on the
availability of HIV testing and counseling at Department of
Public Health facilities to all parties to whom the results of
the testing are revealed and shall direct the State's Attorney
to provide the information to the victim when possible. The
court shall order that the cost of any such test shall be paid
by the county and may be taxed as costs against the convicted
defendant.
(g-5) When an inmate is tested for an airborne
communicable disease, as determined by the Illinois Department
of Public Health, including, but not limited to, tuberculosis,
the results of the test shall be personally delivered by the
warden or his or her designee in a sealed envelope to the judge
of the court in which the inmate must appear for the judge's
inspection in camera if requested by the judge. Acting in
accordance with the best interests of those in the courtroom,
the judge shall have the discretion to determine what if any
precautions need to be taken to prevent transmission of the
disease in the courtroom.
(h) Whenever a defendant is convicted of an offense under
Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
defendant shall undergo medical testing to determine whether
the defendant has been exposed to human immunodeficiency virus

(HIV) or any other identified causative agent of acquired
immunodeficiency syndrome (AIDS). Except as otherwise provided
by law, the results of such test shall be kept strictly
confidential by all medical personnel involved in the testing
and must be personally delivered in a sealed envelope to the
judge of the court in which the conviction was entered for the
judge's inspection in camera. Acting in accordance with the
best interests of the public, the judge shall have the
discretion to determine to whom, if anyone, the results of the
testing may be revealed. The court shall notify the defendant
of a positive test showing an infection with the human
immunodeficiency virus (HIV). The court shall provide
information on the availability of HIV testing and counseling
at Department of Public Health facilities to all parties to
whom the results of the testing are revealed and shall direct
the State's Attorney to provide the information to the victim
when possible. The court shall order that the cost of any such
test shall be paid by the county and may be taxed as costs
against the convicted defendant.
(i) All fines and penalties imposed under this Section for
any violation of Chapters 3, 4, 6, and 11 of the Illinois
Vehicle Code, or a similar provision of a local ordinance, and
any violation of the Child Passenger Protection Act, or a
similar provision of a local ordinance, shall be collected and
disbursed by the circuit clerk as provided under the Criminal
and Traffic Assessment Act.

(j) In cases when prosecution for any violation of Section
11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
Code of 2012, any violation of the Illinois Controlled
Substances Act, any violation of the Cannabis Control Act, or
any violation of the Methamphetamine Control and Community
Protection Act results in conviction, a disposition of court
supervision, or an order of probation granted under Section 10
of the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act of a
defendant, the court shall determine whether the defendant is
employed by a facility or center as defined under the Child
Care Act of 1969, a public or private elementary or secondary
school, or otherwise works with children under 18 years of age
on a daily basis. When a defendant is so employed, the court
shall order the Clerk of the Court to send a copy of the
judgment of conviction or order of supervision or probation to
the defendant's employer by certified mail. If the employer of
the defendant is a school, the Clerk of the Court shall direct
the mailing of a copy of the judgment of conviction or order of
supervision or probation to the appropriate regional
superintendent of schools. The regional superintendent of

schools shall notify the State Board of Education of any
notification under this subsection.
(j-5) A defendant at least 17 years of age who is convicted
of a felony and who has not been previously convicted of a
misdemeanor or felony and who is sentenced to a term of
imprisonment in the Illinois Department of Corrections shall
as a condition of his or her sentence be required by the court
to attend educational courses designed to prepare the
defendant for a high school diploma and to work toward a high
school diploma or to work toward passing high school
equivalency testing or to work toward completing a vocational
training program offered by the Department of Corrections. If
a defendant fails to complete the educational training
required by his or her sentence during the term of
incarceration, the Prisoner Review Board shall, as a condition
of mandatory supervised release, require the defendant, at his
or her own expense, to pursue a course of study toward a high
school diploma or passage of high school equivalency testing.
The Prisoner Review Board shall revoke the mandatory
supervised release of a defendant who wilfully fails to comply
with this subsection (j-5) upon his or her release from
confinement in a penal institution while serving a mandatory
supervised release term; however, the inability of the
defendant after making a good faith effort to obtain financial
aid or pay for the educational training shall not be deemed a
wilful failure to comply. The Prisoner Review Board shall

recommit the defendant whose mandatory supervised release term
has been revoked under this subsection (j-5) as provided in
Section 3-3-9. This subsection (j-5) does not apply to a
defendant who has a high school diploma or has successfully
passed high school equivalency testing. This subsection (j-5)
does not apply to a defendant who is determined by the court to
be a person with a developmental disability or otherwise
mentally incapable of completing the educational or vocational
program.
(k) (Blank).
(l) (A) Except as provided in paragraph (C) of subsection
(l), whenever a defendant, who is an alien as defined by the
Immigration and Nationality Act, is convicted of any felony or
misdemeanor offense, the court after sentencing the defendant
may, upon motion of the State's Attorney, hold sentence in
abeyance and remand the defendant to the custody of the
Attorney General of the United States or his or her designated
agent to be deported when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
Otherwise, the defendant shall be sentenced as provided in
this Chapter V.

(B) If the defendant has already been sentenced for a
felony or misdemeanor offense, or has been placed on probation
under Section 10 of the Cannabis Control Act, Section 410 of
the Illinois Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act, the
court may, upon motion of the State's Attorney to suspend the
sentence imposed, commit the defendant to the custody of the
Attorney General of the United States or his or her designated
agent when:
(1) a final order of deportation has been issued
against the defendant pursuant to proceedings under the
Immigration and Nationality Act, and
(2) the deportation of the defendant would not
deprecate the seriousness of the defendant's conduct and
would not be inconsistent with the ends of justice.
(C) This subsection (l) does not apply to offenders who
are subject to the provisions of paragraph (2) of subsection
(a) of Section 3-6-3.
(D) Upon motion of the State's Attorney, if a defendant
sentenced under this Section returns to the jurisdiction of
the United States, the defendant shall be recommitted to the
custody of the county from which he or she was sentenced.
Thereafter, the defendant shall be brought before the
sentencing court, which may impose any sentence that was
available under Section 5-5-3 at the time of initial
sentencing. In addition, the defendant shall not be eligible

for additional earned sentence credit as provided under
Section 3-6-3.
(m) A person convicted of criminal defacement of property
under Section 21-1.3 of the Criminal Code of 1961 or the
Criminal Code of 2012, in which the property damage exceeds
$300 and the property damaged is a school building, shall be
ordered to perform community service that may include cleanup,
removal, or painting over the defacement.
(n) The court may sentence a person convicted of a
violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
of 1961 or the Criminal Code of 2012 (i) to an impact
incarceration program if the person is otherwise eligible for
that program under Section 5-8-1.1, (ii) to community service,
or (iii) if the person has a substance use disorder, as defined
in the Substance Use Disorder Act, to a treatment program
licensed under that Act.
(o) Whenever a person is convicted of a sex offense as
defined in Section 2 of the Sex Offender Registration Act, the
defendant's driver's license or permit shall be subject to
renewal on an annual basis in accordance with the provisions
of license renewal established by the Secretary of State.
(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
102-531, eff. 1-1-22; revised 10-12-21.)
(730 ILCS 5/5-9-1.4) (from Ch. 38, par. 1005-9-1.4)

Sec. 5-9-1.4. (a) "Crime laboratory" means any
not-for-profit laboratory registered with the Drug Enforcement
Administration of the United States Department of Justice,
substantially funded by a unit or combination of units of
local government or the State of Illinois, which regularly
employs at least one person engaged in the analysis of
controlled substances, cannabis, methamphetamine, or steroids
for criminal justice agencies in criminal matters and provides
testimony with respect to such examinations.
(b) (Blank).
(c) In addition to any other disposition made pursuant to
the provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of the Cannabis Control
Act, the Illinois Controlled Substances Act, the
Methamphetamine Control and Community Protection Act, or the
Steroid Control Act shall be required to pay a criminal
laboratory analysis assessment of $100 for each adjudication.
Upon verified petition of the minor, the court may suspend
payment of all or part of the assessment if it finds that the
minor does not have the ability to pay the assessment. The
parent, guardian, or legal custodian of the minor may pay some
or all of such assessment on the minor's behalf.
(d) All criminal laboratory analysis fees provided for by
this Section shall be collected by the clerk of the court and
forwarded to the appropriate crime laboratory fund as provided

in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) Any unit of local government which maintains a
crime laboratory may establish a crime laboratory fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government which
maintains a crime laboratory may establish a crime
laboratory fund within the office of the treasurer of the
county where the crime laboratory is situated.
(3) The State Crime Laboratory Fund is hereby created
as a special fund in the State Treasury. Notwithstanding
any other provision of law to the contrary, and in
addition to any other transfers that may be provided by
law, on August 20, 2021 (the effective date of Public Act
102-505) this amendatory Act of the 102nd General
Assembly, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Offender DNA
Identification System Fund into the State Crime Laboratory
Fund. Upon completion of the transfer, the State Offender
DNA Identification System Fund is dissolved, and any
future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the
State Crime Laboratory Fund.
(f) The analysis assessment provided for in subsection (c)

of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory fund, or to the State Crime Laboratory Fund
if the analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory fund has been established in that
county. If the unit of local government or combination of
units of local government has not established a crime
laboratory fund, then the analysis assessment shall be
forwarded to the State Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory fund created
pursuant to paragraph paragraphs (1) or (2) of subsection (e)
of this Section shall be in addition to any allocations made
pursuant to existing law and shall be designated for the
exclusive use of the crime laboratory. These uses may include,
but are not limited to, the following:
(1) costs incurred in providing analysis for
controlled substances in connection with criminal
investigations conducted within this State;
(2) purchase and maintenance of equipment for use in
performing analyses; and
(3) continuing education, training, and professional

development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
created pursuant to paragraph (3) of subsection (d) of this
Section shall be used by State crime laboratories as
designated by the Director of the Illinois State Police. These
funds shall be in addition to any allocations made pursuant to
existing law and shall be designated for the exclusive use of
State crime laboratories or for the sexual assault evidence
tracking system created under Section 50 of the Sexual Assault
Evidence Submission Act. These uses may include those
enumerated in subsection (g) of this Section.
(Source: P.A. 101-377, eff. 8-16-19; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; revised 10-12-21.)
(730 ILCS 5/5-9-1.9)
Sec. 5-9-1.9. DUI analysis fee.
(a) "Crime laboratory" means a not-for-profit laboratory
substantially funded by a single unit or combination of units
of local government or the State of Illinois that regularly
employs at least one person engaged in the DUI analysis of
blood, other bodily substance, and urine for criminal justice
agencies in criminal matters and provides testimony with
respect to such examinations.
"DUI analysis" means an analysis of blood, other bodily
substance, or urine for purposes of determining whether a

violation of Section 11-501 of the Illinois Vehicle Code has
occurred.
(b) (Blank).
(c) In addition to any other disposition made under the
provisions of the Juvenile Court Act of 1987, any minor
adjudicated delinquent for an offense which if committed by an
adult would constitute a violation of Section 11-501 of the
Illinois Vehicle Code shall pay a crime laboratory DUI
analysis assessment of $150 for each adjudication. Upon
verified petition of the minor, the court may suspend payment
of all or part of the assessment if it finds that the minor
does not have the ability to pay the assessment. The parent,
guardian, or legal custodian of the minor may pay some or all
of the assessment on the minor's behalf.
(d) All crime laboratory DUI analysis assessments provided
for by this Section shall be collected by the clerk of the
court and forwarded to the appropriate crime laboratory DUI
fund as provided in subsection (f).
(e) Crime laboratory funds shall be established as
follows:
(1) A unit of local government that maintains a crime
laboratory may establish a crime laboratory DUI fund
within the office of the county or municipal treasurer.
(2) Any combination of units of local government that
maintains a crime laboratory may establish a crime
laboratory DUI fund within the office of the treasurer of

the county where the crime laboratory is situated.
(3) (Blank).
(f) The analysis assessment provided for in subsection (c)
of this Section shall be forwarded to the office of the
treasurer of the unit of local government that performed the
analysis if that unit of local government has established a
crime laboratory DUI fund, or remitted to the State Treasurer
for deposit into the State Crime Laboratory Fund if the
analysis was performed by a laboratory operated by the
Illinois State Police. If the analysis was performed by a
crime laboratory funded by a combination of units of local
government, the analysis assessment shall be forwarded to the
treasurer of the county where the crime laboratory is situated
if a crime laboratory DUI fund has been established in that
county. If the unit of local government or combination of
units of local government has not established a crime
laboratory DUI fund, then the analysis assessment shall be
remitted to the State Treasurer for deposit into the State
Crime Laboratory Fund.
(g) Moneys deposited into a crime laboratory DUI fund
created under paragraphs (1) and (2) of subsection (e) of this
Section shall be in addition to any allocations made pursuant
to existing law and shall be designated for the exclusive use
of the crime laboratory. These uses may include, but are not
limited to, the following:
(1) Costs incurred in providing analysis for DUI

investigations conducted within this State.
(2) Purchase and maintenance of equipment for use in
performing analyses.
(3) Continuing education, training, and professional
development of forensic scientists regularly employed by
these laboratories.
(h) Moneys deposited in the State Crime Laboratory Fund
shall be used by State crime laboratories as designated by the
Director of the Illinois State Police. These funds shall be in
addition to any allocations made according to existing law and
shall be designated for the exclusive use of State crime
laboratories. These uses may include those enumerated in
subsection (g) of this Section.
(i) Notwithstanding any other provision of law to the
contrary and in addition to any other transfers that may be
provided by law, on June 17, 2021 (the effective date of Public
Act 102-16) this amendatory Act of the 102nd General Assembly,
or as soon thereafter as practical, the State Comptroller
shall direct and the State Treasurer shall transfer the
remaining balance from the State Police DUI Fund into the
State Police Operations Assistance Fund. Upon completion of
the transfer, the State Police DUI Fund is dissolved, and any
future deposits due to that Fund and any outstanding
obligations or liabilities of that Fund shall pass to the
State Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-145, eff. 7-23-21;

102-538, eff. 8-20-21; revised 10-20-21.)
Section 660. The Sex Offender Community Notification Law
is amended by changing Section 121 as follows:
(730 ILCS 152/121)
Sec. 121. Notification regarding juvenile offenders.
(a) The Illinois State Police and any law enforcement
agency having jurisdiction may, in the Illinois State Police's
Department's or agency's discretion, only provide the
information specified in subsection (b) of Section 120 of this
Act, with respect to an adjudicated juvenile delinquent, to
any person when that person's safety may be compromised for
some reason related to the juvenile sex offender.
(b) The local law enforcement agency having jurisdiction
to register the juvenile sex offender shall ascertain from the
juvenile sex offender whether the juvenile sex offender is
enrolled in school; and if so, shall provide a copy of the sex
offender registration form only to the principal or chief
administrative officer of the school and any school counselor
designated by him or her. The registration form shall be kept
separately from any and all school records maintained on
behalf of the juvenile sex offender.
(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
revised 10-18-21.)

Section 665. The Murderer and Violent Offender Against
Youth Registration Act is amended by changing Sections 85, 95,
100, and 105 as follows:
(730 ILCS 154/85)
Sec. 85. Murderer and Violent Offender Against Youth
Database.
(a) The Illinois State Police shall establish and maintain
a Statewide Murderer and Violent Offender Against Youth
Database for the purpose of identifying violent offenders
against youth and making that information available to the
persons specified in Section 95. The Database shall be created
from the Law Enforcement Agencies Data System (LEADS)
established under Section 6 of the Intergovernmental Missing
Child Recovery Act of 1984. The Illinois State Police shall
examine its LEADS database for persons registered as violent
offenders against youth under this Act and shall identify
those who are violent offenders against youth and shall add
all the information, including photographs if available, on
those violent offenders against youth to the Statewide
Murderer and Violent Offender Against Youth Database.
(b) The Illinois State Police must make the information
contained in the Statewide Murderer and Violent Offender
Against Youth Database accessible on the Internet by means of
a hyperlink labeled "Murderer and Violent Offender Against
Youth Information" on the Illinois State Police's Department's

World Wide Web home page. The Illinois State Police must
update that information as it deems necessary.
The Illinois State Police may require that a person who
seeks access to the violent offender against youth information
submit biographical information about himself or herself
before permitting access to the violent offender against youth
information. The Illinois State Police must promulgate rules
in accordance with the Illinois Administrative Procedure Act
to implement this subsection (b) and those rules must include
procedures to ensure that the information in the database is
accurate.
(c) The Illinois State Police must develop and conduct
training to educate all those entities involved in the
Murderer and Violent Offender Against Youth Registration
Program.
(d) The Illinois State Police shall commence the duties
prescribed in the Murderer and Violent Offender Against Youth
Registration Act within 12 months after the effective date of
this Act.
(e) The Illinois State Police shall collect and annually
report, on or before December 31 of each year, the following
information, making it publicly accessible on the Illinois
State Police website:
(1) the number of registrants;
(2) the number of registrants currently registered for
each offense requiring registration; and

(3) biographical data, such as age of the registrant,
race of the registrant, and age of the victim.
(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
(730 ILCS 154/95)
Sec. 95. Community notification of violent offenders
against youth.
(a) The sheriff of the county, except Cook County, shall
disclose to the following the name, address, date of birth,
place of employment, school attended, and offense or
adjudication of all violent offenders against youth required
to register under Section 10 of this Act:
(1) The boards of institutions of higher education or
other appropriate administrative offices of each nonpublic
non-public institution of higher education located in the
county where the violent offender against youth is
required to register, resides, is employed, or is
attending an institution of higher education; and
(2) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the county where the
violent offender against youth is required to register or
is employed; and
(3) Child care facilities located in the county where
the violent offender against youth is required to register
or is employed; and

(4) Libraries located in the county where the violent
offender against youth is required to register or is
employed.
(a-2) The sheriff of Cook County shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of
all violent offenders against youth required to register under
Section 10 of this Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located within the region of Cook
County, as those public school districts and nonpublic
schools are identified in LEADS, other than the City of
Chicago, where the violent offender against youth is
required to register or is employed; and
(2) Child care facilities located within the region of
Cook County, as those child care facilities are identified
in LEADS, other than the City of Chicago, where the
violent offender against youth is required to register or
is employed; and
(3) The boards of institutions of higher education or
other appropriate administrative offices of each nonpublic
non-public institution of higher education located in the
county, other than the City of Chicago, where the violent
offender against youth is required to register, resides,
is employed, or attending an institution of higher

education; and
(4) Libraries located in the county, other than the
City of Chicago, where the violent offender against youth
is required to register, resides, is employed, or is
attending an institution of higher education.
(a-3) The Chicago Police Department shall disclose to the
following the name, address, date of birth, place of
employment, school attended, and offense or adjudication of
all violent offenders against youth required to register under
Section 10 of this Act:
(1) School boards of public school districts and the
principal or other appropriate administrative officer of
each nonpublic school located in the police district where
the violent offender against youth is required to register
or is employed if the offender is required to register or
is employed in the City of Chicago; and
(2) Child care facilities located in the police
district where the violent offender against youth is
required to register or is employed if the offender is
required to register or is employed in the City of
Chicago; and
(3) The boards of institutions of higher education or
other appropriate administrative offices of each nonpublic
non-public institution of higher education located in the
police district where the violent offender against youth
is required to register, resides, is employed, or

attending an institution of higher education in the City
of Chicago; and
(4) Libraries located in the police district where the
violent offender against youth is required to register or
is employed if the offender is required to register or is
employed in the City of Chicago.
(a-4) The Illinois State Police shall provide a list of
violent offenders against youth required to register to the
Illinois Department of Children and Family Services.
(b) The Illinois State Police and any law enforcement
agency may disclose, in the Illinois State Police's
Department's or agency's discretion, the following information
to any person likely to encounter a violent offender against
youth:
(1) The offender's name, address, and date of birth.
(2) The offense for which the offender was convicted.
(3) The offender's photograph or other such
information that will help identify the violent offender
against youth.
(4) Offender employment information, to protect public
safety.
(c) The name, address, date of birth, and offense or
adjudication for violent offenders against youth required to
register under Section 10 of this Act shall be open to
inspection by the public as provided in this Section. Every
municipal police department shall make available at its

headquarters the information on all violent offenders against
youth who are required to register in the municipality under
this Act. The sheriff shall also make available at his or her
headquarters the information on all violent offenders against
youth who are required to register under this Act and who live
in unincorporated areas of the county. Violent offender
against youth information must be made available for public
inspection to any person, no later than 72 hours or 3 business
days from the date of the request. The request must be made in
person, in writing, or by telephone. Availability must include
giving the inquirer access to a facility where the information
may be copied. A department or sheriff may charge a fee, but
the fee may not exceed the actual costs of copying the
information. An inquirer must be allowed to copy this
information in his or her own handwriting. A department or
sheriff must allow access to the information during normal
public working hours. The sheriff or a municipal police
department may publish the photographs of violent offenders
against youth where any victim was 13 years of age or younger
and who are required to register in the municipality or county
under this Act in a newspaper or magazine of general
circulation in the municipality or county or may disseminate
the photographs of those violent offenders against youth on
the Internet or on television. The law enforcement agency may
make available the information on all violent offenders
against youth residing within any county.

(d) The Illinois State Police and any law enforcement
agency having jurisdiction may, in the Illinois State Police's
Department's or agency's discretion, place the information
specified in subsection (b) on the Internet or in other media.
(Source: P.A. 102-538, eff. 8-20-21; revised 11-24-21.)
(730 ILCS 154/100)
Sec. 100. Notification regarding juvenile offenders.
(a) The Illinois State Police and any law enforcement
agency having jurisdiction may, in the Illinois State Police's
Department's or agency's discretion, only provide the
information specified in subsection (b) of Section 95, with
respect to an adjudicated juvenile delinquent, to any person
when that person's safety may be compromised for some reason
related to the juvenile violent offender against youth.
(b) The local law enforcement agency having jurisdiction
to register the juvenile violent offender against youth shall
ascertain from the juvenile violent offender against youth
whether the juvenile violent offender against youth is
enrolled in school; and if so, shall provide a copy of the
violent offender against youth registration form only to the
principal or chief administrative officer of the school and
any school counselor designated by him or her. The
registration form shall be kept separately from any and all
school records maintained on behalf of the juvenile violent
offender against youth.

(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
revised 10-20-21.)
(730 ILCS 154/105)
Sec. 105. Special alerts. A law enforcement agency having
jurisdiction may provide to the public a special alert list
warning parents to be aware that violent offenders against
youth may attempt to contact children during holidays
involving children, such as Halloween, Christmas, and Easter
and informing parents that information containing the names
and addresses of registered violent offenders against youth
are accessible on the Internet by means of a hyperlink labeled
"Violent Offender Against Youth Information" on the Illinois
Department of State Police's World Wide Web home page and are
available for public inspection at the agency's headquarters.
(Source: P.A. 94-945, eff. 6-27-06; revised 11-24-21.)
Section 670. The No Representation Without Population Act
is amended by changing Sections 2-1 and 2-10 as follows:
(730 ILCS 205/2-1)
(This Section may contain text from a Public Act with a
delayed effective date)
Sec. 2-1. Short title. This Article Act may be cited as the
No Representation Without Population Act. References in this
Article to "this Act" mean this Article.

(Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.)
(730 ILCS 205/2-10)
Sec. 2-10. Reports to the State Board of Elections.
(a) Within 30 days after the effective date of this Act,
and thereafter, on or before May 1 of each year in which where
the federal decennial census is taken but in which the United
States Bureau of the Census allocates incarcerated persons as
residents of correctional facilities, the Department shall
deliver to the State Board of Elections the following
information:
(1) A unique identifier, not including the name or
Department-assigned inmate number, for each incarcerated
person subject to the jurisdiction of the Department on
the date for which the decennial census reports
population. The unique identifier shall enable the State
Board of Elections to address inquiries about specific
address records to the Department, without making it
possible for anyone outside of the Department to identify
the inmate to whom the address record pertains.
(2) The street address of the correctional facility
where the person was incarcerated at the time of the
report.
(3) The last known address of the person prior to
incarceration or other legal residence, if known.
(4) The person's race, whether the person is of

Hispanic or Latino origin, and whether the person is age
18 or older, if known.
(5) Any additional information as the State Board of
Elections may request pursuant to law.
(b) The Department shall provide the information specified
in subsection (a) in the form that the State Board of Elections
shall specify.
(c) Notwithstanding any other provision of law, the
information required to be provided to the State Board of
Elections pursuant to this Section shall not include the name
of any incarcerated person and shall not allow for the
identification of any person therefrom, except to the
Department. The information shall be treated as confidential
and shall not be disclosed by the State Board of Elections
except as redistricting data aggregated by census block for
purposes specified in Section 2-20.
(Source: P.A. 101-652, eff. 1-1-25; revised 12-2-21.)
Section 675. The Code of Civil Procedure is amended by
changing Sections 2-1401 and 21-103 as follows:
(735 ILCS 5/2-1401) (from Ch. 110, par. 2-1401)
Sec. 2-1401. Relief from judgments.
(a) Relief from final orders and judgments, after 30 days
from the entry thereof, may be had upon petition as provided in
this Section. Writs of error coram nobis and coram vobis,

bills of review, and bills in the nature of bills of review are
abolished. All relief heretofore obtainable and the grounds
for such relief heretofore available, whether by any of the
foregoing remedies or otherwise, shall be available in every
case, by proceedings hereunder, regardless of the nature of
the order or judgment from which relief is sought or of the
proceedings in which it was entered. Except as provided in the
Illinois Parentage Act of 2015, there shall be no distinction
between actions and other proceedings, statutory or otherwise,
as to availability of relief, grounds for relief, or the
relief obtainable.
(b) The petition must be filed in the same proceeding in
which the order or judgment was entered but is not a
continuation thereof. The petition must be supported by an
affidavit or other appropriate showing as to matters not of
record. A petition to reopen a foreclosure proceeding must
include as parties to the petition, but is not limited to, all
parties in the original action in addition to the current
record title holders of the property, current occupants, and
any individual or entity that had a recorded interest in the
property before the filing of the petition. All parties to the
petition shall be notified as provided by rule.
(b-5) A movant may present a meritorious claim under this
Section if the allegations in the petition establish each of
the following by a preponderance of the evidence:
(1) the movant was convicted of a forcible felony;

(2) the movant's participation in the offense was
related to him or her previously having been a victim of
domestic violence as perpetrated by an intimate partner;
(3) no evidence of domestic violence against the
movant was presented at the movant's sentencing hearing;
(4) the movant was unaware of the mitigating nature of
the evidence of the domestic violence at the time of
sentencing and could not have learned of its significance
sooner through diligence; and
(5) the new evidence of domestic violence against the
movant is material and noncumulative to other evidence
offered at the sentencing hearing, and is of such a
conclusive character that it would likely change the
sentence imposed by the original trial court.
Nothing in this subsection (b-5) shall prevent a movant
from applying for any other relief under this Section or any
other law otherwise available to him or her.
As used in this subsection (b-5):
"Domestic violence" means abuse as defined in Section
103 of the Illinois Domestic Violence Act of 1986.
"Forcible felony" has the meaning ascribed to the term
in Section 2-8 of the Criminal Code of 2012.
"Intimate partner" means a spouse or former spouse,
persons who have or allegedly have had a child in common,
or persons who have or have had a dating or engagement
relationship.

(b-10) A movant may present a meritorious claim under this
Section if the allegations in the petition establish each of
the following by a preponderance of the evidence:
(A) she was convicted of a forcible felony;
(B) her participation in the offense was a direct
result of her suffering from post-partum depression or
post-partum psychosis;
(C) no evidence of post-partum depression or
post-partum psychosis was presented by a qualified medical
person at trial or sentencing, or both;
(D) she was unaware of the mitigating nature of the
evidence or, if aware, was at the time unable to present
this defense due to suffering from post-partum depression
or post-partum psychosis, or, at the time of trial or
sentencing, neither was a recognized mental illness and as
such, she was unable to receive proper treatment; and
(E) evidence of post-partum depression or post-partum
psychosis as suffered by the person is material and
noncumulative to other evidence offered at the time of
trial or sentencing, and it is of such a conclusive
character that it would likely change the sentence imposed
by the original court.
Nothing in this subsection (b-10) prevents a person from
applying for any other relief under this Article or any other
law otherwise available to her.
As used in this subsection (b-10):

"Post-partum depression" means a mood disorder which
strikes many women during and after pregnancy and usually
occurs during pregnancy and up to 12 months after
delivery. This depression can include anxiety disorders.
"Post-partum psychosis" means an extreme form of
post-partum depression which can occur during pregnancy
and up to 12 months after delivery. This can include
losing touch with reality, distorted thinking, delusions,
auditory and visual hallucinations, paranoia,
hyperactivity and rapid speech, or mania.
(c) Except as provided in Section 20b of the Adoption Act
and Section 2-32 of the Juvenile Court Act of 1987, or in a
petition based upon Section 116-3 of the Code of Criminal
Procedure of 1963 or subsection (b-10) of this Section, or in a
motion to vacate and expunge convictions under the Cannabis
Control Act as provided by subsection (i) of Section 5.2 of the
Criminal Identification Act, the petition must be filed not
later than 2 years after the entry of the order or judgment.
Time during which the person seeking relief is under legal
disability or duress or the ground for relief is fraudulently
concealed shall be excluded in computing the period of 2
years.
(c-5) Any individual may at any time file a petition and
institute proceedings under this Section, if his or her final
order or judgment, which was entered based on a plea of guilty
or nolo contendere, has potential consequences under federal

immigration law.
(d) The filing of a petition under this Section does not
affect the order or judgment, or suspend its operation.
(e) Unless lack of jurisdiction affirmatively appears from
the record proper, the vacation or modification of an order or
judgment pursuant to the provisions of this Section does not
affect the right, title, or interest in or to any real or
personal property of any person, not a party to the original
action, acquired for value after the entry of the order or
judgment but before the filing of the petition, nor affect any
right of any person not a party to the original action under
any certificate of sale issued before the filing of the
petition, pursuant to a sale based on the order or judgment.
When a petition is filed pursuant to this Section to reopen a
foreclosure proceeding, notwithstanding the provisions of
Section 15-1701 of this Code, the purchaser or successor
purchaser of real property subject to a foreclosure sale who
was not a party to the mortgage foreclosure proceedings is
entitled to remain in possession of the property until the
foreclosure action is defeated or the previously foreclosed
defendant redeems from the foreclosure sale if the purchaser
has been in possession of the property for more than 6 months.
(f) Nothing contained in this Section affects any existing
right to relief from a void order or judgment, or to employ any
existing method to procure that relief.
(Source: P.A. 101-27, eff. 6-25-19; 101-411, eff. 8-16-19;

102-639, eff. 8-27-21; revised 11-24-21.)
(735 ILCS 5/21-103)
(Text of Section before amendment by P.A. 101-652)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the
person resides, or if no newspaper is published in that
county, then in some convenient newspaper published in this
State. The notice shall be inserted for 3 consecutive weeks
after filing, the first insertion to be at least 6 weeks before
the return day upon which the petition is to be heard, and
shall be signed by the petitioner or, in case of a minor, the
minor's parent or guardian, and shall set forth the return day
of court on which the petition is to be heard and the name
sought to be assumed.
(b) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a minor if, before making judgment under this

Article, reasonable notice and opportunity to be heard is
given to any parent whose parental rights have not been
previously terminated and to any person who has physical
custody of the child. If any of these persons are outside this
State, notice and opportunity to be heard shall be given under
Section 21-104.
(b-3) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a person who has received a judgment for dissolution
of marriage or declaration of invalidity of marriage and
wishes to change his or her name to resume the use of his or
her former or maiden name.
(b-5) Upon motion, the court may issue an order directing
that the notice and publication requirement be waived for a
change of name involving a person who files with the court a
written declaration that the person believes that publishing
notice of the name change would put the person at risk of
physical harm or discrimination. The person must provide
evidence to support the claim that publishing notice of the
name change would put the person at risk of physical harm or
discrimination.
(c) The Director of the Illinois State Police or his or her
designee may apply to the circuit court for an order directing
that the notice and publication requirements of this Section
be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness

during and following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the
publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, attesting that
the petitioner is or has been a person protected under the
Illinois Domestic Violence Act of 1986, the Stalking No
Contact Order Act, the Civil No Contact Order Act, Article
112A of the Code of Criminal Procedure of 1963, a
condition of bail under subsections (b) through (d) of
Section 110-10 of the Code of Criminal Procedure of 1963,
or a similar provision of a law in another state or
jurisdiction.
The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a
shelter for domestic violence victims, that address may be
omitted from all documents filed with the court, and the
petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to

assist petitioners in the preparation of name changes under
subsection (c-1).
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
102-538, eff. 8-20-21.)
(Text of Section after amendment by P.A. 101-652)
Sec. 21-103. Notice by publication.
(a) Previous notice shall be given of the intended
application by publishing a notice thereof in some newspaper
published in the municipality in which the person resides if
the municipality is in a county with a population under
2,000,000, or if the person does not reside in a municipality
in a county with a population under 2,000,000, or if no
newspaper is published in the municipality or if the person
resides in a county with a population of 2,000,000 or more,
then in some newspaper published in the county where the
person resides, or if no newspaper is published in that

county, then in some convenient newspaper published in this
State. The notice shall be inserted for 3 consecutive weeks
after filing, the first insertion to be at least 6 weeks before
the return day upon which the petition is to be heard, and
shall be signed by the petitioner or, in case of a minor, the
minor's parent or guardian, and shall set forth the return day
of court on which the petition is to be heard and the name
sought to be assumed.
(b) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a minor if, before making judgment under this
Article, reasonable notice and opportunity to be heard is
given to any parent whose parental rights have not been
previously terminated and to any person who has physical
custody of the child. If any of these persons are outside this
State, notice and opportunity to be heard shall be given under
Section 21-104.
(b-3) The publication requirement of subsection (a) shall
not be required in any application for a change of name
involving a person who has received a judgment for dissolution
of marriage or declaration of invalidity of marriage and
wishes to change his or her name to resume the use of his or
her former or maiden name.
(b-5) Upon motion, the court may issue an order directing
that the notice and publication requirement be waived for a
change of name involving a person who files with the court a

written declaration that the person believes that publishing
notice of the name change would put the person at risk of
physical harm or discrimination. The person must provide
evidence to support the claim that publishing notice of the
name change would put the person at risk of physical harm or
discrimination.
(c) The Director of the Illinois State Police or his or her
designee may apply to the circuit court for an order directing
that the notice and publication requirements of this Section
be waived if the Director or his or her designee certifies that
the name change being sought is intended to protect a witness
during and following a criminal investigation or proceeding.
(c-1) The court may enter a written order waiving the
publication requirement of subsection (a) if:
(i) the petitioner is 18 years of age or older; and
(ii) concurrent with the petition, the petitioner
files with the court a statement, verified under oath as
provided under Section 1-109 of this Code, attesting that
the petitioner is or has been a person protected under the
Illinois Domestic Violence Act of 1986, the Stalking No
Contact Order Act, the Civil No Contact Order Act, Article
112A of the Code of Criminal Procedure of 1963, a
condition of pretrial release under subsections (b)
through (d) of Section 110-10 of the Code of Criminal
Procedure of 1963, or a similar provision of a law in
another state or jurisdiction.

The petitioner may attach to the statement any supporting
documents, including relevant court orders.
(c-2) If the petitioner files a statement attesting that
disclosure of the petitioner's address would put the
petitioner or any member of the petitioner's family or
household at risk or reveal the confidential address of a
shelter for domestic violence victims, that address may be
omitted from all documents filed with the court, and the
petitioner may designate an alternative address for service.
(c-3) Court administrators may allow domestic abuse
advocates, rape crisis advocates, and victim advocates to
assist petitioners in the preparation of name changes under
subsection (c-1).
(c-4) If the publication requirements of subsection (a)
have been waived, the circuit court shall enter an order
impounding the case.
(d) The maximum rate charged for publication of a notice
under this Section may not exceed the lowest classified rate
paid by commercial users for comparable space in the newspaper
in which the notice appears and shall include all cash
discounts, multiple insertion discounts, and similar benefits
extended to the newspaper's regular customers.
(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
101-652, eff. 1-1-23; 102-538, eff. 8-20-21; revised
10-12-21.)

Section 680. The Eminent Domain Act is amended by setting
forth, renumbering, and changing multiple versions of Section
25-5-80 as follows:
(735 ILCS 30/25-5-80)
(Section scheduled to be repealed on April 2, 2024)
Sec. 25-5-80. Quick-take; City of Woodstock; Madison
Street, South Street, and Lake Avenue.
(a) Quick-take proceedings under Article 20 may be used
for a period of no more than 2 years after April 2, 2021 (the
effective date of Public Act 101-665) this amendatory Act of
the 101st General Assembly by Will County for the acquisition
of the following described property for the purpose of the
80th Avenue Improvements project:
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FB
County: Will
Job No.: R-55-001-97
Parcel No.: 0001A Station 76+09.95 To Station 80+90.00
Index No.: 19-09-02-400-012
Parcel 0001A
That part of the Southeast Quarter of the Southeast
Quarter of Section 2, all in Township 35 North, Range 12

East of the Third Principal Meridian, in Will County,
Illinois, bearings and distances based on the Illinois
Sate Plane Coordinate System, East Zone, NAD 83 (2011
Adjustment) with a combined scale factor of 0.9999641157
described as follows:
Commencing at the southeast corner of said Section 2;
thence North 01 degree 44 minutes 58 seconds West on the
east line of said Southeast Quarter, 69.28 feet to the
north right of way line of 191st Street as described in
Document No. R94-114863; thence South 88 degrees 15
minutes 02 seconds West, on said north right of way line,
50.29 feet to the west right of way line of 80th Avenue per
Document No. R66-13830, and to the Point of Beginning;
thence continuing South 88 degrees 15 minutes 02 seconds
West, on said north right of way line, 10.14 feet to an
angle point in said north right of way line; thence South
43 degrees 24 minutes 14 seconds West, on said north right
of way line, 27.67 feet to an angle point in said north
right of way line; thence South 88 degrees 24 minutes 14
seconds West, on said north right of way line, 1038.30
feet; thence North 01 degree 36 minutes 18 seconds West,
6.27 feet; thence North 87 degrees 57 minutes 50 seconds
East, 930.35 feet to a point 63.00 feet North of, as
measured perpendicular to, the south line of said
Southeast Quarter; thence North 50 degrees 35 minutes 39

seconds East, 117.47 feet to the west line of the East
95.00 feet of said Southeast Quarter; thence North 01
degree 44 minutes 58 seconds West, on said west line,
304.58 feet; thence North 88 degrees 15 minutes 28 seconds
East, 10.00 feet to the west line of the East 85.00 feet of
said Southeast Quarter; thence North 01 degree 44 minutes
58 seconds West, on said west line, 90.00 feet; thence
North 88 degrees 15 minutes 26 seconds East, 20.89 feet to
the west right of way line of 80th Avenue per Document No.
R66-13830; thence South 03 degrees 28 minutes 04 seconds
East, on said west right of way line, 460.75 feet to the
Point of Beginning.
Said parcel containing 0.706 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0001B Station 88+00.00 To Station 88+89.62
Index No.: 19-09-02-400-012
Parcel 0001B
That part of the Southeast Quarter of the Southeast
Quarter of Section 2, all in Township 35 North, Range 12

East of the Third Principal Meridian, in Will County,
Illinois, bearings and distances based on the Illinois
Sate Plane Coordinate System, East Zone, NAD 83 (2011
Adjustment) with a combined scale factor of 0.9999641157
described as follows:
Beginning at the intersection of the north line of the
Southeast Quarter of said Southeast Quarter with the west
right of way line of 80th Avenue per Document No.
R66-13830; thence South 01 degree 44 minutes 58 seconds
East, on said west right of way line, 89.60 feet; thence
South 88 degrees 15 minutes 29 seconds West, 6.78 feet;
thence North 02 degrees 31 minutes 36 seconds West, 89.63
feet to the north line of the Southeast Quarter of said
Southeast Quarter; thence North 88 degrees 26 minutes 40
seconds East, on said north line, 8.00 feet to the Point of
Beginning.
Said parcel containing 0.015 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0001TE-A Station 88+00.00 To Station 88+89.64
Index No.: 19-09-02-400-012

Parcel 0001TE-A
That part of the Southeast Quarter of the Southeast
Quarter of Section 2, all in Township 35 North, Range 12
East of the Third Principal Meridian, in Will County,
Illinois, bearings and distances based on the Illinois
Sate Plane Coordinate System, East Zone, NAD 83 (2011
Adjustment) with a combined scale factor of 0.9999641157
described as follows:
Beginning at a point on the north line of the Southeast
Quarter of said Southeast Quarter that is 88.00 feet West
of, the east line of said Southeast Quarter, as measured
on said north line; thence South 02 degrees 31 minutes 36
seconds East, 89.63 feet; thence South 88 degrees 15
minutes 29 seconds West, 5.00 feet; thence North 02
degrees 31 minutes 36 seconds West, 89.65 feet to the
north line of the Southeast Quarter of said Southeast
Quarter; thence North 88 degrees 26 minutes 40 seconds
East, on said north line, 5.00 feet to the Point of
Beginning.
Said parcel containing 0.010 acre, more or less.
Route: 80th Avenue (CH 83)

Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0001TE-B Station 82+99.90 To Station 88+00.00
Index No.: 19-09-02-400-012
Parcel 0001TE-B
That part of the Southeast Quarter of the Southeast
Quarter of Section 2, all in Township 35 North, Range 12
East of the Third Principal Meridian, in Will County,
Illinois, bearings and distances based on the Illinois
Sate Plane Coordinate System, East Zone, NAD 83 (2011
Adjustment) with a combined scale factor of 0.9999641157
described as follows:
Commencing at the Southeast corner of said Section 2;
thence North 01 degree 44 minutes 58 seconds West, on the
east line of said Southeast Quarter, 69.28 feet to the
north right of way line of 191st Street as described in
Document No. R94-114863; thence South 88 degrees 15
minutes 02 seconds West, on said north right of way line,
50.29 feet to the west right of way line of 80th Avenue per
Document No. R66-13830; thence North 03 degrees 28 minutes
04 seconds West, on said west right of way line, 670.74
feet to the Point of Beginning; thence South 88 degrees 15

minutes 02 seconds West, 9.59 feet; thence North 02
degrees 31 minutes 36 seconds West, 500.15 feet; thence
North 88 degrees 15 minutes 29 seconds East, 6.78 feet to
said west right of way line; thence South 01 degree 44
minutes 58 seconds East, on said west right of way line,
180.42 feet to an angle point in said west right of way
line; thence South 03 degrees 28 minutes 04 seconds East,
on said west right of way line, 319.82 feet to the Point of
Beginning.
Said parcel containing 0.074 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0001TE-C Station 76+91.56 To Station 81+34.98
Index No.: 19-09-02-400-012
Parcel 0001TE-C
That part of the Southeast Quarter of the Southeast
Quarter of Section 2, all in Township 35 North, Range 12
East of the Third Principal Meridian, in Will County,
Illinois, bearings and distances based on the Illinois
Sate Plane Coordinate System, East Zone, NAD 83 (2011

Adjustment) with a combined scale factor of 0.9999641157
described as follows:
Commencing at the Southeast corner of said Section 2;
thence North 01 degree 44 minutes 58 seconds West, on the
east line of said Southeast Quarter, 69.28 feet to the
north right of way line of 191st Street as described in
Document No. R94-114863; thence South 88 degrees 15
minutes 02 seconds West, on said north right of way line,
50.29 feet to the west right of way line of 80th Avenue per
Document No. R66-13830; thence North 03 degrees 28 minutes
04 seconds West, on said west right of way line, 460.75
feet to the Point of Beginning; thence South 88 degrees 15
minutes 26 seconds West, 20.89 feet to the west line of the
East 85.00 feet of said Southeast Quarter; thence South 01
degree 44 minutes 58 seconds East, on said west line,
90.00 feet; thence South 88 degrees 15 minutes 28 seconds
West, 10.00 feet to the west line of the East 95.00 feet of
said Southeast Quarter; thence South 01 degree 44 minutes
58 seconds East, on said west line, 304.58 feet; thence
South 50 degrees 35 minutes 39 seconds West, 6.32 feet to
the west line of the East 100.00 feet of said Southeast
Quarter; thence North 01 degree 44 minutes 58 seconds
West, on said west line, 313.44 feet; thence North 88
degrees 15 minutes 28 seconds East, 10.00 feet to the west
line of the east 90.00 feet of said Southeast Quarter;

thence North 01 degree 44 minutes 58 seconds West, on said
west line, 96.19 feet; thence South 88 degrees 15 minutes
35 seconds West, 9.50 feet to the west line of the East
99.50 feet of said Southeast Quarter; thence North 01
degree 44 minutes 58 seconds West, on said west line,
33.80 feet; thence North 88 degrees 15 minutes 25 seconds
East, 34.04 feet to the west right of way line of 80th
Avenue per Document No. R66-13830; thence South 03 degrees
28 minutes 04 seconds East, on said west right of way line,
45.00 feet to the Point of Beginning.
Said parcel containing 0.080 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0002 Station 76+09.53 To Station 89+10.71
Index No.: 19-09-01-300-024
Parcel 0002
That part of the Southwest Quarter of the Southwest
Quarter of Section 1, also 2/3rds of an acre off the south
end of the Northwest Quarter of the Southwest Quarter of
Section 1, Township 35 North, Range 12 East of the Third

Principal Meridian, in Will County, Illinois, bearings and
distances based on the Illinois State Plane Coordinate
System, East Zone, NAD 83 (2011 Adjustment) with a
combined scale factor of 0.9999641157 described as
follows:
Commencing at the southwest corner of said Section 1;
thence North 01 degree 44 minutes 58 seconds West, on the
west line of said Southwest Quarter, 68.94 feet to the
north right of way line of 191st Street as described in
Document No. R94-114861; thence North 88 degrees 15
minutes 02 seconds East, on said north right of way line,
50.33 feet to the east right of way line of 80th Avenue per
Document No. R66-13830, and to the Point of Beginning;
thence North 00 degrees 15 minutes 19 seconds East, on
said east right of way line, 991.07 feet to an angle point
in said east right of way line; thence North 01 degree 44
minutes 58 seconds West, on said east right of way line,
291.11 feet to the north line of the South 2/3rd of an
acre, of the northwest quarter of said Southwest Quarter;
thence North 88 degrees 30 minutes 01 second East, on said
north line, 27.00 feet to the east line of the West 112.00
feet of said Southwest Quarter; thence South 01 degree 44
minutes 58 seconds East, on said east line, 195.59 feet;
thence South 88 degrees 15 minutes 27 seconds West, 16.00
feet to the east line of the West 96.00 feet of said

Southwest Quarter; thence South 01 degree 44 minutes 58
seconds East, on said east line, 240.00 feet; thence South
88 degrees 15 minutes 27 seconds West, 5.00 feet to the
east line of the West 91.00 feet of said Southwest
Quarter; thence South 01 degree 44 minutes 58 seconds
East, on said east line, 151.34 feet; thence South 88
degrees 15 minutes 36 seconds West, 11.00 feet to the east
line of the West 80.00 feet of said Southwest Quarter;
thence South 01 degree 44 minutes 58 seconds East, on said
east line, 323.66 feet; thence North 88 degrees 15 minutes
29 seconds East, 5.00 feet to the east line of the West
85.00 feet of said Southwest Quarter; thence South 01
degree 44 minutes 58 seconds East, on said east line,
251.00 feet; thence North 88 degrees 15 minutes 08 seconds
East, 6.00 feet; thence South 24 degrees 56 minute 10
seconds East, 124.46 feet to the north line of the South
75.00 feet of said Southwest Quarter; thence North 88
degrees 29 minutes 57 seconds East, on said north line,
376.67 feet; thence South 84 degrees 46 minutes 29 seconds
East, 183.57 feet to a point 53.50 feet North of, as
measured perpendicular to, the south line of said
Southwest Quarter; thence South 01 degree 30 minutes 03
seconds East, 2.85 feet to the north right of way line of
191st Street as described in Document No. R94-114861;
thence South 88 degrees 24 minutes 33 seconds West, on
said north right of way line, 618.63 feet to an angle point

in said north right of way line; thence North 46 degrees 35
minutes 28 seconds West, on said north right of way line,
27.66 feet to an angle point in said north right of way
line; thence South 88 degrees 15 minutes 02 seconds West,
on said north right of way line, 10.40 feet to the Point of
Beginning.
Said parcel containing 0.951 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0002TE-A Station 77+49.00 To Station 81+30.94
Index No.: 19-09-01-300-024
Parcel 0002TE-A
That part of the Southwest Quarter of the Southwest
Quarter of Section 1, also 2/3rds of an acre off the south
end of the Northwest Quarter of the Southwest Quarter of
Section 1, Township 35 North, Range 12 East of the Third
Principal Meridian, in Will County, Illinois, bearings and
distances based on the Illinois State Plane Coordinate
System, East Zone, NAD 83 (2011 Adjustment) with a
combined scale factor of 0.9999641157 described as

follows:
Commencing at the southwest corner of said Section 1;
thence North 01 degrees 44 minutes 58 seconds West, on the
west line of said Southwest Quarter, 68.94 feet to the
north right of way line of 191st Street as described in
Document No. R94-114861; thence North 88 degrees 15
minutes 02 seconds East, on said north right of way line,
50.33 feet to the east right of way line of 80th Avenue per
Document No. R66-13830; thence North 00 degrees 15 minutes
19 seconds East, on said east right of way line, 502.11
feet; thence North 88 degrees 15 minutes 36 seconds East,
12.10 feet to the Point of Beginning; thence continuing
North 88 degrees 15 minutes 36 seconds East, 11.00 feet to
the west line of the East 91.00 feet of said Southwest
Quarter; thence South 01 degree 44 minutes 58 seconds
East, on said east line, 381.94 feet; thence South 88
degrees 15 minutes 08 seconds West, 6.00 feet to the east
line of the West 85.00 feet of said Southwest Quarter;
thence North 01 degree 44 minutes 58 seconds West, on said
east line, 251.00 feet; thence South 88 degrees 15 minutes
29 seconds West, 5.00 feet to the east line of the West
80.00 feet of said Southwest Quarter; thence North 01
degree 44 minutes 58 seconds West, on said east line,
130.94 feet to the Point of Beginning.

Said parcel containing 0.068 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0002TE-B Station 3023+00.64 To Station
3025+99.98
Index No.: 19-09-01-300-024
Parcel 0002TE-B
That part of the Southwest Quarter of the Southwest
Quarter of Section 1, also 2/3rds of an acre off the south
end of the Northwest Quarter of the Southwest Quarter of
Section 1, Township 35 North, Range 12 East of the Third
Principal Meridian, in Will County, Illinois, bearings and
distances based on the Illinois State Plane Coordinate
System, East Zone, NAD 83 (2011 Adjustment) with a
combined scale factor of 0.9999641157 described as
follows:
Commencing at the southwest corner of said Section 1;
thence North 88 degrees 29 minutes 57 seconds East, on the
south line of said Southwest Quarter, 698.65 feet; thence
North 01 degree 30 minutes 03 seconds West, perpendicular

to said south line, 50.65 feet to the north right of way
line of 191st Street as described in Document No.
R94-114861, and to the Point of Beginning; thence
continuing North 01 degree 30 minutes 03 seconds West,
2.85 feet; thence North 88 degrees 13 minutes 47 seconds
East, 299.34 feet; thence South 01 degree 30 minutes 03
seconds East, 4.00 feet to the north right of way line of
191st Street per Document No. R2003-260494; thence South
88 degrees 29 minutes 57 seconds West, on said north right
of way line, 133.46 feet to the west line of said Document
No. R2003-260494; thence South 88 degrees 24 minutes 33
seconds West, on the north right of way line of 191st
Street per Document No. R94-114861, a distance of 165.89
feet to the Point of Beginning.
Said parcel containing 0.023 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0003 Station 88+89.50 To Station 91+36.65
Index No.: 19-09-02-402-003
Parcel 0003

That part of Outlot A in 80th Avenue Industrial Center in
the east half of the Southeast Quarter of Section 2,
Township 35 North, Range 12 East of the Third Principal
Meridian, according to the plat thereof recorded May 27,
1976 as Document No. R1976-015768, Township of Frankfort,
Will County, Illinois, bearings and distances based on the
Illinois Sate Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the southeast corner of said Outlot A; thence
South 88 degrees 26 minutes 40 seconds West, on the south
line of said Outlot A, 38.00 feet; thence North 22 degrees
20 minutes 14 seconds East, 66.16 feet to the west line of
the East 11.00 feet of said Outlot A; thence North 01
degree 44 minutes 58 seconds West, on said west line,
159.51 feet to a point 27.00 feet South of, as measured
perpendicular to, the south right of way line of 189th
Street; thence South 88 degrees 26 minutes 40 seconds
West, parallel with said south right of way line, 39.00
feet; thence North 01 degree 44 minutes 58 seconds West,
parallel with the east line of said Outlot A, 27.00 feet to
the south right of way line of 189th Street; thence North
88 degrees 26 minutes 40 seconds East, on said south right
of way line, 50.00 feet to the east line of said Outlot A;
thence South 01 degree 44 minutes 58 seconds East, on said

east line, 246.99 feet to the Point of Beginning.
Said parcel containing 0.105 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0003TE Station 88+89.62 To Station 91+09.54
Index No.: 19-09-02-402-003
Parcel 0003TE
That part of Outlot A in 80th Avenue Industrial Center in
the east half of the Southeast Quarter of Section 2,
Township 35 North, Range 12 East of the Third Principal
Meridian, according to the plat thereof recorded May 27,
1976 as Document No. R1976-015768, Township of Frankfort,
Will County, Illinois, bearings and distances based on the
Illinois Sate Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the southeast corner of said Outlot A;
thence South 88 degrees 26 minutes 40 seconds West, on the
south line of said Outlot A, 38.00 feet to the Point of

Beginning; thence continuing South 88 degrees 26 minutes
40 seconds West, on said south line, 5.00 feet; thence
North 01 degrees 44 minutes 58 seconds West, parallel with
the east line of said Outlot A, a distance of 60.49 feet;
thence North 88 degrees 26minutes 40 seconds East, 27.00
feet to the west line of the East 16.00 feet of said Outlot
A; thence North 01 degree 44 minutes 58 seconds West, on
said west line, 159.51 feet to a point 27.00 feet South of,
as measured perpendicular to, the south right of way line
of 189th Street; thence North 88 degrees 26 minutes 40
seconds East, parallel to said south right of way line,
5.00 feet to the west line of the East 11.00 feet of said
Outlot A; thence South 01 degree 44 minutes 58 seconds
East, on said west line, 159.51 feet; thence South 22
degrees 20 minutes 14 seconds West, 66.16 feet to the
Point of Beginning.
Said parcel containing 0.044 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0004A Station 89+10.59 To Station 91+36.89
Index No.: 19-09-01-301-001
Parcel 0004A

That part of Lot 1 in Panduit Corp Planned Unit
Development Subdivision, being a subdivision in part of
the Southwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded August 31, 2012 as Document
No. R2012-096238, in Will County, Illinois, bearings and
distances based on the Illinois Sate Plane Coordinate
System, East Zone, NAD 83 (2011 Adjustment) with a
combined scale factor of 0.9999641157 described as
follows:
Beginning at the southwest corner of said lot; thence
North 01 degree 44 minutes 58 seconds West, on the west
line of said lot, 226.18 feet; thence North 88 degrees 15
minutes 33 seconds East, 10.00 feet to the east line of the
West 10.00 feet of said lot; thence South 01 degree 44
minutes 58 seconds East, on said east line, 186.95 feet;
thence North 88 degrees 15 minutes 28 seconds East, 17.00
feet to the east line of the West 27.00 feet of said lot;
thence South 01 degree 44 minutes 58 seconds East, on said
east line, 39.35 feet to the south line of said lot; thence
South 88 degrees 30 minutes 01 second West, on said south
line, 27.00 feet to the Point of Beginning.
Said parcel containing 0.067 acre, more or less.

Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0004B Station 92+15.00 To Station 99+94.90
Index No.: 19-09-01-301-001
Parcel 0004B
That part of Lot 1 in Panduit Corp Planned Unit
Development Subdivision, being a subdivision in part of
the Southwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded August 31, 2012 as Document
No. R2012-096238, in Will County, Illinois, bearings and
distances based on the Illinois Sate Plane Coordinate
System, East Zone, NAD 83 (2011 Adjustment) with a
combined scale factor of 0.9999641157 described as
follows:
Beginning at the northwest corner of said lot; thence
North 88 degrees 32 minutes 27 seconds East, on the north
line of said lot, 53.09 feet; thence South 02 degrees 19
minutes 11 seconds West, 586.19 feet to a point 20.00 feet
East of, as measured perpendicular to, the west line of

said lot; thence South 88 degrees 15 minutes 02 seconds
West, 11.00 feet to the east line of the West 9.00 feet of
said lot; thence South 01 degree 44 minutes 58 seconds
East, on said east line, 194.80 feet; thence South 88
degrees 15 minutes 02 seconds West, 9.00 feet to the west
line of said lot; thence North 01 degree 44 minutes 58
seconds West, on said west line, 505.26 feet to an angle
point in said west line; thence North 00 degrees 01 minute
33 seconds East, on said west line, 274.64 feet to the
Point of Beginning.
Said parcel containing 0.561 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0004TE Station 89+49.94 To Station 92+15.00
Index No.: 19-09-01-301-001
Parcel 0004TE
That part of Lot 1 in Panduit Corp Planned Unit
Development Subdivision, being a subdivision in part of
the Southwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according

to the plat thereof recorded August 31, 2012 as Document
No. R2012-096238, in Will County, Illinois, bearings and
distances based on the Illinois Sate Plane Coordinate
System, East Zone, NAD 83 (2011 Adjustment) with a
combined scale factor of 0.9999641157 described as
follows:
Commencing at the southwest corner of said lot; thence
North 01 degree 44 minutes 58 seconds West, on the west
line of said lot, 226.18 feet to the Point of Beginning;
thence continuing North 01 degrees 44 minutes 58 seconds
West, on said west line, 78.11 feet; thence North 88
degrees 15 minutes 02 seconds East, 9.00 feet; thence
South 50 degrees 58 minutes 14 seconds East, 27.73 feet;
thence North 88 degrees 15 minutes 33 seconds East, 25.00
feet to the east line of the West 55.00 feet of said lot;
thence South 01 degree 44 minutes 58 seconds East, on said
east line, 60.00 feet; thence South 88 degrees 15 minutes
33 seconds West, 40.00 feet to the east line of the West
15.00 feet of said lot; thence South 01 degree 44 minutes
58 seconds East, on said east line, 186.94 feet; thence
South 88 degrees 15 minutes 28 second West, 5.00 feet to
the east line of the West 10.00 feet of said lot; thence
North 01 degree 44 minutes 58 seconds West, on said east
line, 186.95 feet; thence South 88 degrees 15 minutes 33
seconds West, 10.00 feet to the Point of Beginning.

Said parcel containing 0.105 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0005 Station 92+02.49 To Station 99+94.90
Index No.: 19-09-02-402-003
Parcel 0005
That part of Outlot A in 80th Avenue Industrial Center in
the east half of the Southeast Quarter of Section 2,
Township 35 North, Range 12 East of the Third Principal
Meridian, according to the plat thereof recorded May 27,
1976 as Document No. R1976-015768, Township of Frankfort,
Will County, Illinois, bearings and distances based on the
Illinois Sate Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the northeast corner of said Outlot A, said
northeast corner being the intersection of the east line
of said Outlot A with the south right of way line of
Interstate 80; thence South 05 degrees 42 minutes 13

seconds East, on the east line of said Outlot A, 526.56
feet to an angle point in said east line; thence South 01
degree 44 minutes 58 seconds East, on said east line,
266.93 feet to the north right of way line of 189th Street;
thence South 88 degrees 26 minutes 40 seconds West, on
said north right of way line, 50.00 feet; thence North 01
degree 44 minutes 58 seconds West, parallel with said east
line, 32.00 feet; thence North 88 degrees 26 minutes 40
seconds East, parallel with said north right of way line,
37.00 feet to the west line of the East 13.00 feet of said
Outlot A; thence North 01 degree 44 minutes 58 seconds
West, on said west line, 279.26 feet; thence South 88
degrees 15 minutes 02 seconds West, 22.00 feet; thence
North 01 degree 43 minutes 58 seconds West, 238.59 feet;
thence North 04 degrees 43 minutes 36 seconds West, 197.47
feet; thence North 01 degree 54 minutes 17 seconds West,
45.18 feet to the north line of said Outlot A; thence North
88 degrees 31 minutes 27 seconds East, on said north line,
9.00 feet to the Point of Beginning.
Said parcel containing 0.321 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97

Parcel No.: 0006 Station 102+41.97 To Station 115+07.14
Index No.: 19-09-01-100-013
Parcel 0006
The West 60 acres (Except the East 40 acres thereof) of the
south half of the Northwest Quarter of Section 1, Township
35 North, Range 12 East of the Third Principal Meridian,
in Will County, Illinois.
Excepting therefrom that part described for street
purposes by Plat of Dedication and ordinance approving the
same record as Document R2002-010141.
Also excepting therefrom that part taken for Interstate 80
in Case 66 G 1592H the Lis Pendes of which was recorded as
Document R66-13830.
Said parcel containing 16.618 acres, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0007TE Station 110+41.32 To Station 110+49.57
Index No.: 19-09-02-203-003

Parcel 0007TE
That part of Lot 9 in Mercury Business Center, being a
subdivision of part of the Southeast Quarter of the
Northeast Quarter of Section 2, Township 35 North, Range
12 East of the Third Principal Meridian, according to the
plat thereof recorded August 26, 1994 as Document No.
R94-82441, in Will County, Illinois, bearings and
distances based on the Illinois State Plane Coordinate
System, East Zone, NAD 83 (2011 Adjustment) with a
combined scaled factor of 0.9999641157 described as
follows:
Commencing at the southeast corner of said lot; thence
South 84 degrees 03 minutes 06 seconds West, on the south
line of said lot, 74.77 feet to the Point of Beginning;
thence continuing South 84 degrees 03 minutes 06 seconds
West, on said south line, 44.50 feet; thence North 05
degrees 56 minutes 54 seconds West, perpendicular to said
south line, 5.00 feet; thence North 84 degrees 03 minutes
06 seconds East, parallel with said south line, 44.50
feet; thence South 05 degrees 56 minutes 54 seconds East,
perpendicular to said south line, 5.00 feet to the Point
of Beginning.

Said parcel containing 0.005 acre (223 square feet), more
or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0008TE-A Station 118+98.39 To Station
120+86.46
Index No.: 19-09-02-205-034
Parcel 0008TE-A
That part of Lot 1 in Speedway Tinley Park Subdivision,
being a consolidation of Parcels 1, 2 and 3 in the north
half of Section 2, Township 35 North, Range 12 East of the
Third Principal Meridian, according to the plat thereof
recorded March 1, 2016, as Document No. R2016-015413, all
in Will County, Illinois bearings and distances based on
the Illinois State Plane Coordinate System, East Zone, NAD
83 (2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the northeast corner of said lot; thence
South 01 degree 45 minutes 01 seconds East, on the east
line of said lot, 235.96 feet to the Point of Beginning;

thence continuing South 01 degree 45 minutes 01 second
East, on said east line, 106.00 feet to an angle point in
said east line; thence South 88 degrees 30 minutes 13
seconds West, on said east line, 9.00 feet to an angle
point in said east line; thence South 01 degree 45 minutes
01 second East, on said east line, 82.11 feet to an angle
point in said east line; thence South 88 degrees 30
minutes 13 seconds West, on said east line, 5.00 feet;
thence North 01 degree 45 minutes 01 second West, parallel
with said east line, 82.11 feet; thence South 88 degrees
30 minutes 13 seconds West, 10.00 feet; thence North 01
degree 45 minutes 01 second West, parallel with said east
line, 106.00 feet; thence North 88 degrees 14 minutes 59
seconds East, 24.00 feet to the Point of Beginning.
Said parcel containing 0.068 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0008TE-B Station 115+88.46 To Station
116+03.46
Index No.: 19-09-02-205-034
Parcel 0008TE-B

That part of Lot 1 in Speedway Tinley Park Subdivision,
being a consolidation of Parcels 1, 2 and 3 in the north
half of Section 2, Township 35 North, Range 12 East of the
Third Principal Meridian, according to the plat thereof
recorded March 1, 2016, as Document No. R2016-015413, all
in Will County, Illinois bearings and distances based on
the Illinois State Plane Coordinate System, East Zone, NAD
83 (2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the southeast corner of said lot; thence
South 88 degrees 30 minutes 13 seconds West, on the south
line of said lot, 15.00 feet; thence North 43 degrees 22
minutes 36 seconds East, 21.17 feet to the east line of
said lot; thence South 01 degree 45 minutes 01 second
East, on said east line, 15.00 feet to the Point of
Beginning.
Said parcel containing 0.003 acre (112 square feet), more
or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97

Parcel No.: 0009 Station 115+92.91 To Station 122+04.37
Index No.: 19-09-01-101-009
Parcel 0009
That part of Lot 9 in Hickory Creek Corporate Center Unit
2, being a subdivision of that part of the north half of
the Northwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded October 31, 2001 as Document
No. R2001-148202 and amended by Certificate of Correction
Numbers R2001- 157981, R2001-161607 and R2001-161608, in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the northwest corner of said lot; thence
North 88 degrees 36 minutes 17 seconds East, on the north
line of said lot, 15.70 feet; thence South 01 degree 45
minutes 01 second East, 575.55 feet to a point 5.00 feet
Northeasterly of, as measured perpendicular to, the
southwesterly line of said lot; thence South 46 degrees 35
minutes 11 seconds East, parallel with said southwesterly
line, 40.81 feet; thence South 00 degrees 00 minutes 00
seconds East, 6.88 feet to said southwesterly line; thence

North 46 degrees 35 minutes 11 seconds West, on said
southwesterly line, 62.92 feet to the west line of said
lot; thence North 01 degree 44 minutes 24 seconds West, on
said west line, 566.85 feet to the Point of Beginning.
Said parcel containing 0.212 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0009TE-A Station 115+86.83 To Station
115+98.12
Index No.: 19-09-01-101-009
Parcel 0009TE-A
That part of Lot 9 in Hickory Creek Corporate Center Unit
2, being a subdivision of that part of the north half of
the Northwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded October 31, 2001 as Document
No. R2001-148202 and amended by Certificate of Correction
Numbers R2001- 157981, R2001-161607 and R2001-161608, in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83

(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the southeast corner of said lot; thence
South 88 degrees 35 minutes 00 seconds West, 264.49 feet
to the Point of Beginning; thence continuing South 88
degrees 35 minutes 00 seconds West, on said south line,
45.50 feet to the southwesterly line of said lot; thence
North 46 degrees 35 minutes 11 seconds West, 8.21 feet;
thence North 00 degrees 00 minutes 00 seconds East, 5.21
feet to a point 11.00 feet North of, as measured
perpendicular to, the south line of said lot; thence North
88 degrees 35 minutes 00 seconds East, parallel with said
south line, 48.31 feet; thence South 16 degrees 07 minutes
24 seconds East, 11.37 feet to the Point of Beginning.
Said parcel containing 0.012 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0009TE-B Station 2013+44.28 To Station
2013+90.28
Index No.: 19-09-01-101-009

Parcel 0009TE-B
That part of Lot 9 in Hickory Creek Corporate Center Unit
2, being a subdivision of that part of the north half of
the Northwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded October 31, 2001 as Document
No. R2001-148202 and amended by Certificate of Correction
Numbers R2001- 157981, R2001-161607 and R2001-161608, in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the southeast corner of said lot; thence
South 88 degrees 35 minutes 00 seconds West, on said south
line, 35.00 feet to the Point of Beginning; thence
continuing South 88 degrees 35 minutes 00 seconds West, on
said south line, 46.00 feet; thence North 01 degrees 25
minutes 00 seconds West, 5.00 feet to the north line of the
South 5.00 feet of said lot; thence North 88 degrees 35
minutes 00 seconds East, on said north line, 46.00 feet;
thence South 01 degree 25 minutes 00 seconds East, 5.00
feet to the Point of Beginning.
Said parcel containing 0.005 acre (230 square feet), more

or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0010A Station 122+04.27 To Station 122+34.00
Index No.: 19-09-01-101-007
Parcel 0010A
That part of Lot 10 in Hickory Creek Corporate Center Unit
2, being a subdivision of that part of the north half of
the Northwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded October 31, 2001 as Document
No. R2001-148202 and amended by Certificate of Correction
Numbers R2001-157981, R2001-161607 and R2001-161608, in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the southwest corner of said lot; thence
North 01 degree 48 minutes 13 seconds West, on the west
line of said lot, 29.63 feet; thence North 88 degrees 15

minutes 04 seconds East, 15.73 feet; thence South 01
degree 45 minutes 01 second East, 29.73 feet to the south
line of said lot; thence South 88 degrees 36 minutes 17
seconds West, 15.70 feet to the Point of Beginning.
Said parcel containing 0.011 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0010B Station 122+93.00 To Station 128+25.81
Index No.: 19-09-01-101-007
Parcel 0010B
That part of Lot 10 in Hickory Creek Corporate Center Unit
2, being a subdivision of that part of the north half of
the Northwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded October 31, 2001 as Document
No. R2001-148202 and amended by Certificate of Correction
Numbers R2001-157981, R2001-161607 and R2001-161608, in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of

0.9999641157 described as follows:
Commencing at the southwest corner of said lot; thence
North 01 degree 48 minutes 13 seconds West, on the west
line of said lot, 88.63 feet to the Point of Beginning;
thence continuing North 01 degree 48 minutes 13 seconds
West, on said west line, 127.27 feet to an angle point in
said west line; thence North 01 degree 04 minutes 30
seconds East, on said west line, 199.86 feet to an angle
point in said west line; thence North 01 degree 42 minutes
21 seconds West, on said west line, 156.34 feet to an angle
point in said west line; thence North 43 degrees 31
minutes 05 seconds East, on a northwesterly line of said
lot, 70.43 feet to the north line of said lot; thence North
88 degrees 39 minutes 56 seconds East, on said north line,
613.66 feet; thence South 01 degree 20 minutes 04 seconds
East, perpendicular to said north line, 5.00 feet; thence
South 87 degrees 05 minutes 13 seconds West, 232.71 feet;
thence South 86 degrees 35 minutes 31 seconds West, 357.63
feet; thence South 50 degrees 50 minutes 19 seconds West,
56.86 feet; thence South 07 degrees 02 minutes 04 seconds
West, 130.48 feet; thence South 00 degrees 00 minutes 30
seconds East, 344.94 feet; thence South 88 degrees 15
minutes 04 seconds West, 7.78 feet to the Point of
Beginning.

Said parcel containing 0.376 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0010TE Station 122+29.00 To Station 127+72.90
Index No.: 19-09-01-101-007
Parcel 0010TE
That part of Lot 10 in Hickory Creek Corporate Center Unit
2, being a subdivision of that part of the north half of
the Northwest Quarter of Section 1, Township 35 North,
Range 12 East of the Third Principal Meridian, according
to the plat thereof recorded October 31, 2001 as Document
No. R2001-148202 and amended by Certificate of Correction
Numbers R2001-157981, R2001-161607 and R2001-161608, in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the southwest corner of said lot; thence
North 01 degree 48 minutes 13 seconds West, on the west
line of said lot, 29.63 feet to the Point of Beginning;

thence continuing North 01 degree 48 minutes 13 seconds
West, on said west line, 59.00 feet; thence North 88
degrees 15 minutes 04 seconds East, 7.78 feet; thence
North 00 degree 00 minutes 30 seconds West, 344.94; thence
North 07 degrees 02 minutes 04 seconds East, 130.48 feet;
thence North 50 degrees 50 minutes 19 seconds East, 10.14
feet; thence South 01 degree 44 minutes 33 seconds East,
72.90 feet; thence South 18 degrees 40 minutes 18 seconds
East, 68.68 feet; thence South 01 degree 44 minutes 34
seconds East, 134.29 feet; thence South 13 degrees 46
minutes 54 seconds West, 186.82 feet; thence South 01
degree 44 minutes 30 seconds East, 27.00 feet; thence
North 88 degrees 15 minutes 04 seconds East, 39.81 feet;
thence South 01 degree 48 minutes 13 seconds East, 64.00
feet; thence South 88 degrees 15 minutes 04 seconds West,
40.28 feet; thence North 01 degree 45 minutes 01 second
West, 5.00 feet; thence South 88 degrees 15 minutes 04
seconds West, 15.73 feet to the Point of Beginning.
Said parcel containing 0.435 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0011TE Station 123+22.42 To Station 125+60.84

Index No.: 19-09-02-205-025
Parcel 0011TE
That part of Lot 31 in Tinley Crossings Corporate Center,
Phase 3, a resubdivision of part of the north half of
Section 2, Township 35 North, Range 12 East of the Third
Principal Meridian, according to the plat thereof recorded
February 27, 2001 as Document No. R2001-021137, all in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the southeast corner of said lot, said
southeast corner being on the west right of way line of
80th Avenue; thence South 88 degrees 15 minutes 09 seconds
West, on a south line of said lot, 16.00 feet to the west
line of the East 16.00 feet of said lot; thence North 01
degree 45 minutes 01 second West, on said west line, 47.30
feet; thence North 88 degrees 14 minutes 59 seconds East,
12.00 feet to the west line of the East 4.00 feet of said
lot; thence North 01 degree 45 minutes 01 second West, on
said west line, 142.42 feet; thence South 88 degrees 14
minutes 59 seconds West, 5.00 feet to the west line of the
East 9.00 feet of said lot; thence North 01 degree 45

minutes 01 second West, on said west line, 48.70 feet;
thence North 88 degrees 14 minutes 59 seconds East, 9.00
feet to the east line of said lot; thence South 01 degree
45 minutes 01 second East, on said east line, 238.42 feet
to the Point of Beginning.
Said parcel containing 0.041 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0012 Station 126+69.25 To Station 128+28.53
Index No.: 19-09-02-205-010
Parcel 0012
That part of Lot 25 in Tinley Crossings Corporate Center
Unit 1, being a subdivision of part of the North half of
Section 2, Township 35 North, Range 12 East of the Third
Principal Meridian, according to the Plat of Subdivision
thereof recorded October 16, 1998 as Document R98-122885,
in Will County, Illinois, bearings and distances based on
the Illinois State Plane Coordinate System, East Zone, NAD
83 (2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:

Commencing at the southeast corner of said lot; thence
North 01 degree 45 minutes 01 second West, on the east line
of said lot, 98.41 feet to the Point of Beginning; thence
South 88 degrees 15 minutes 50 seconds West, 6.00 feet;
thence North 01 degree 45 minutes 01 second West, parallel
with said east line, 31.47 feet to a point of curvature;
thence Northwesterly, on a 110.00 foot radius curve,
concave Southwesterly, 172.12 feet, the chord of said
curve bears North 46 degrees 34 minutes 30 seconds West,
155.09 feet to the south line of the North 17.00 feet of
said lot, and to a point of tangency; thence South 88
degrees 35 minutes 58 seconds West, on said south line,
119.66 feet; thence South 01 degree 45 minutes 01 second
East, 7.00 feet; thence South 88 degrees 35 minutes 58
seconds West, parallel with said north line, 20.00 feet to
the west line of said lot; thence North 01 degree 45
minutes 01 second West, on said west line, 24.00 feet to
the northwest corner of said lot; thence North 88 degrees
35 minutes 58 seconds East, on the north line of said lot,
204.99 feet to the northeasterly line of said lot; thence
South 46 degrees 34 minutes 31 seconds East, on said
northeasterly line, 70.93 feet to the east line of said
lot; thence South 01 degree 45 minutes 01 second East, on
said east line, 107.77 feet to the Point of Beginning.

Said parcel containing 0.152 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0012TE Station 126+69.25 To Station 128+11.41
Index No.: 19-09-02-205-010
Parcel 0012TE
That part of Lot 25 in Tinley Crossings Corporate Center
Unit 1, being a subdivision of part of the North half of
Section 2, Township 35 North, Range 12 East of the Third
Principal Meridian, according to the Plat of Subdivision
thereof recorded October 16, 1998 as Document R98-122885,
in Will County, Illinois, bearings and distances based on
the Illinois State Plane Coordinate System, East Zone, NAD
83 (2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the southeast corner of said lot; thence
North 01 degree 45 minutes 01 second West, on the east line
of said lot, 98.41 feet; thence South 88 degrees 15
minutes 50 seconds West, 6.00 feet to the Point of
Beginning; thence continuing South 88 degrees 15 minutes

50 seconds West, 5.00 feet; thence North 01 degree 45
minutes 01 second West, parallel with the east line of
said lot, 31.47 feet; thence North 28 degrees 47 minutes
08 seconds West, 72.92 feet; thence North 57 degrees 01
minute 36 seconds West, 57.77 feet to the south line of the
North 29.00 feet of said lot; thence South 88 degrees 35
minutes 58 seconds West, on said south line, 143.37 feet;
thence South 01 degree 45 minutes 01 second East, 10.00
feet; thence South 88 degrees 35 minutes 58 seconds West,
parallel with the north line of said lot, 20.00 feet to the
west line of said lot; thence North 01 degree 45 minutes 01
second West, on said west line, 15.00 feet; thence North
88 degrees 35 minutes 58 seconds East, parallel with the
north line of said lot, 20.00 feet; thence North 01 degree
45 minutes 01 second West, 7.00 feet to the south line of
the North 17.00 feet of said lot; thence North 88 degrees
35 minutes 58 seconds East, on said south line, 119.66
feet to a point of curvature; thence Southeasterly, on a
110.00 foot radius curve, concave Southwesterly, 172.12
feet, the chord of said curve bears South 46 degrees 34
minutes 30 seconds East, 155.09 feet to the west line of
the East 6.00 feet of said lot, and to a point of tangency;
thence South 01 degree 45 minutes 01 second East, on said
west line, 31.47 feet to the Point of Beginning.
Said parcel containing 0.093 acre, more or less.

Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0013 Station 95+54.70 To Station 98+85.07
Index No.: 19-09-02-205-028
Parcel 0013
All common areas in the 8021 Condominium, as delineated on
a survey of the following described real estate: Lot 30 in
Tinley Crossings Corporate Center, Phase 3, a
resubdivision of part of the North half of Section 2,
Township 35 North, Range 12 East of the Third Principal
Meridian, according to the plat thereof recorded February
27, 2001 as Document No. R2001-021137, which survey is
attached as Exhibit "B" to the Declaration of Condominium
recorded as Document Number R2004-22962, and as amended,
all in Will County, Illinois, bearings and distances based
on the Illinois State Plane Coordinate System, East Zone,
NAD 83 (2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the northeast corner of said Lot 30; thence
South 01 degree 45 minutes 01 second East, on the east line

of said lot, 24.00 feet to the south line of the North
24.00 feet of said lot; thence South 88 degrees 35 minutes
58 seconds West, on said south line, 97.77 feet; thence
North 87 degrees 12 minutes 48 seconds West, 136.96 feet;
thence South 89 degrees 41 minutes 13 seconds West, 52.69
feet to a point of curvature; thence Westerly, on a 787.00
foot radius curve, concave Southerly, 39.84 feet, the
chord of said curve bears South 87 degrees 08 minutes 58
seconds West, 39.83 feet to the west line of said lot;
thence North 01 degree 45 minutes 03 seconds West, on said
west line, 13.01 feet to the northwest corner of said lot;
thence Easterly, on the north line of said lot, being an
800.00 foot radius curve, concave Southerly, 39.91 feet,
the chord of said curve bears North 87 degrees 10 minutes
13 seconds East, 39.91 feet to a point of tangency in said
north line; thence North 88 degrees 35 minutes 58 seconds
East, on said north line, 286.90 feet to the Point of
Beginning.
Said parcel containing 0.142 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0013TE-A Station 97+87.30 To Station 98+85.18

Index No.: 19-09-02-205-028
Parcel 0013TE-A
All common areas in the 8021 Condominium, as delineated on
a survey of the following described real estate: Lot 30 in
Tinley Crossings Corporate Center, Phase 3, a
resubdivision of part of the North half of Section 2,
Township 35 North, Range 12 East of the Third Principal
Meridian, according to the plat thereof recorded February
27, 2001 as Document No. R2001-021137, which survey is
attached as Exhibit "B" to the Declaration of Condominium
recorded as Document Number R2004-22962, and as amended,
all in Will County, Illinois, bearings and distances based
on the Illinois State Plane Coordinate System, East Zone,
NAD 83 (2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the northeast corner of said Lot 30; thence
South 01 degree 45 minutes 01 second East, on the east line
of said lot, 24.00 feet to the Point of Beginning; thence
continuing South 01 degree 45 minutes 01 second East, on
said east line, 15.00 feet; thence South 88 degrees 35
minutes 58 seconds West, parallel with the north line of
said lot, 30.17 feet; thence North 01 degree 24 minutes 02
seconds West, 10.00 feet to the south line of the North

29.00 feet of said lot; thence South 88 degrees 35 minutes
58 seconds West, on said south line, 67.70 feet; thence
North 01 degree 24 minutes 02 seconds West, 5.00 feet to
the south line of the North 24.00 feet of said lot; thence
North 88 degrees 35 minutes 58 seconds East, on said south
line, 97.77 feet to the Point of Beginning.
Said parcel containing 0.018 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0013TE-B Station 95+72.95 To Station 96+39.71
Index No.: 19-09-02-205-028
Parcel 0013TE-B
All common areas in the 8021 Condominium, as delineated on
a survey of the following described real estate: Lot 30 in
Tinley Park Crossings Corporate Center, Phase 3, a
resubdivision of part of the North half of Section 2,
Township 35 North, Range 12 East of the Third Principal
Meridian, according to the plat thereof recorded February
27, 2001 as Document No. R2001-021137, which survey is
attached as Exhibit "B" to the Declaration of Condominium

recorded as Document Number R2004-22962, and as amended,
all in Will County, Illinois, bearings and distances based
on the Illinois State Plane Coordinate System, East Zone,
NAD 83 (2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the northwest corner of said Lot 30; thence
South 01 degree 45 minutes 03 seconds East, on the west
line of said lot, 13.01 feet; thence Easterly, on a 787.00
foot radius curve, concave Southerly, 16.92 feet, the
chord of said curve bears North 86 degrees 18 minutes 55
seconds East, 16.92 feet to the Point of Beginning; thence
continuing Easterly, on said 787.00 foot radius curve,
22.92 feet, the chord of said curve bears North 87 degrees
45 minutes 55 seconds East, 22.92 feet; thence North 89
degrees 41 minutes 13 seconds East, 41.67 feet; thence
South 01 degree 39 minutes 18 seconds East, 6.00 feet;
thence South 89 degrees 41 minutes 10 seconds West, 41.70
feet to a point of curvature; thence Westerly, on a 781.00
foot radius curve, concave Southerly, 22.74 feet, the
chord of said curve bears South 87 degrees 45 minutes 55
seconds West, 22.74 feet; thence North 03 degrees 04
minutes 08 seconds West, 6.00 feet to the Point of
Beginning.
Said parcel containing 0.009 acre (387 square feet), more

or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0014 Station 93+10.05 To Station 95+55.36
Index No.: 19-09-02-205-023
Parcel 0014
That part of Lot 29 in Tinley Crossings Corporate Center
Phase 3, being a subdivision of part of the North half of
Section 2, Township 35 North, Range 12 East of the Third
Principal Meridian, according to the plat thereof recorded
February 27, 2001 as Document No. R2001-021137, all in
Will County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the northeast corner of said Lot 29; thence
South 01 degree 45 minutes 03 second East, 13.01 feet to
the southerly line of the Northerly 13.00 feet of said
lot; thence Southwesterly, on said southerly line, being a
787.00 foot radius curve, concave Southerly, 226.63 feet,

the chord of said curve bears South 77 degrees 26 minutes
59 seconds West, 225.85 feet; thence North 20 degrees 48
minutes 00 seconds West, 13.00 feet to the northerly line
of said lot; thence Northeasterly, on said northerly line,
being a 800.00 foot radius curve, concave Southerly,
230.96 feet, the chord of said curve bears North 77
degrees 28 minutes 14 seconds East, 230.15 feet to the
Point of Beginning.
Said parcel containing 0.068 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP
County: Will
Job No.: R-55-001-97
Parcel No.: 0014TE Station 92+71.20 To Station 93+10.05
Index No.: 19-09-02-205-023
Parcel 0014TE
That part of Lot 29 in Tinley Crossings Corporate Center
Phase 3, being a subdivision of part of the North half of
Section 2, Township 35 North, Range 12 East of the Third
Principal Meridian, according to the plat thereof recorded
February 27, 2001 as Document No. R2001-021137, all in
Will County, Illinois, bearings and distances based on the

Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Commencing at the northeast corner of said Lot 29; thence
Southwesterly, on the northerly line of said lot, being a
800.00 foot radius curve, concave Southerly, 230.96 feet,
the chord of said curve bears South 77 degrees 28 minutes
14 seconds West, 230.15 feet to the Point of Beginning;
thence South 20 degrees 48 minutes 00 seconds East, 13.00
feet to the southerly line of the Northerly 13.00 feet of
said lot; thence Southwesterly, on said southerly line,
being a 787.00 foot radius curve, concave Southerly, 35.99
feet, the chord of said curve bears South 67 degrees 53
minutes 24 seconds West, 35.98 feet; thence North 23
degrees 25 minutes 11 seconds West, 13.00 feet to the
northerly line of said lot; thence Northeasterly, on said
northerly line, being a 800.00 foot radius curve, concave
Southerly, 36.58 feet, the chord of said curve bears North
67 degrees 53 minutes 24 seconds East, 36.58 feet to the
Point of Beginning.
Said parcel containing 0.011 acre, more or less.
Route: 80th Avenue (CH 83)
Section: 06-00122-16-FP

County: Will
Job No.: R-55-001-97
Parcel No.: 0015TE Station 91+38.62 To Station 93+13.16
Index No.: 19-09-02-204-003
Parcel 0015TE
That part of Outlot A in Tinley Crossings Corporate Center
Unit 1, being a subdivision of part of the North half of
Section 2, Township 35 North, Range 12 East of the Third
Principal Meridian, according to the plat thereof recorded
October 16, 1998 as Document No. R98- 122885, all in Will
County, Illinois, bearings and distances based on the
Illinois State Plane Coordinate System, East Zone, NAD 83
(2011 Adjustment) with a combined scale factor of
0.9999641157 described as follows:
Beginning at the northeast corner of said Outlot A; thence
Southwesterly, on the southerly line of said Outlot A,
being a 900.00 foot radius curve, concave Southeasterly,
117.40 feet, the chord of said curve bears South 65
degrees 40 minutes 28 seconds West, 117.32 feet to a point
of tangency in said southerly line; thence South 61
degrees 56 minutes 15 seconds West, on said southerly
line, 63.70 feet; thence North 28 degrees 03 minutes 45
seconds West, 9.00 feet to the northerly line of the

Southerly 9.00 feet of said Outlot A; thence North 61
degrees 56 minutes 15 seconds East, on said northerly
line, 63.70 feet to a point of curvature; thence
Northeasterly, on a 909.00 foot radius curve, concave
Southeasterly, 93.69 feet, the chord of said curve bears
North 64 degrees 53 minutes 25 seconds East, 93.65 feet to
the north line of said Outlot A; thence North 88 degrees 35
minutes 58 seconds East, on said north line, 26.35 feet to
the Point of Beginning.
Said parcel containing 0.035 acre, more or less.
(b) This Section is repealed April 2, 2024 (3 years after
the effective date of Public Act 101-665) this amendatory Act
of the 101st General Assembly.
(Source: P.A. 101-665, eff. 4-2-21; revised 11-18-21.)
(735 ILCS 30/25-5-85)
(Section scheduled to be repealed on July 9, 2024)
Sec. 25-5-85 25-5-80. Quick-take; City of Woodstock;
Madison Street, South Street, and Lake Avenue.
(a) Quick-take proceedings under Article 20 may be used
for a period of no more than 2 years after July 9, 2021 (the
effective date of Public Act 102-53) this amendatory Act of
the 102nd General Assembly by the City of Woodstock for the
acquisition of the following described property for the
purpose of widening the right-of-way proximate to the

intersection of Madison Street, South Street, and Lake Avenue
to construct a traffic roundabout:
That part of the north 47.5 feet of the south 87.5 feet of
Lots 7 and 8 in Block 18 in the Original Town of Centerville,
now City of Woodstock, a subdivision of part of the Southwest
Quarter of Section 5, Township 44 North, Range 7 East of the
Third Principal Meridian, according to the plat recorded June
10, 1844, in Book D of Deeds, page 201, in the City of
Woodstock, McHenry County, Illinois, described as follows
using bearings as referenced to Illinois State Plane
Coordinate System, East Zone North American Datum 1983 (2011
Adjustment):
Commencing at a 5/8-inch iron pipe found at the southwest
corner of said Lot 7; thence North 0 degrees 22 minutes 24
seconds West, 40.00 feet on the west line of said Lot 7 to the
south line of said north 47.5 feet of the south 87.5 feet of
Lots 7 and 8 for the Point of Beginning; thence North 89
degrees 14 minutes 44 seconds East, 15.06 feet along said
south line; thence northwesterly, 27.31 feet on a curve to the
right having a radius of 69.42 feet, the chord of said curve
bears North 34 degrees 05 minutes 52 seconds West, 27.13 feet
to the aforesaid west line of Lot 7; thence South 0 degrees 22
minutes 24 seconds East, 22.67 feet along said west line to the
Point of Beginning.

Said parcel containing 0.003 acre or 145 square feet, more
or less.
***
The north 47.5 feet of the south 87.5 feet of Lots 7 and 8
in Block 18 in the Original Town of Centerville, now City of
Woodstock, a subdivision of part of the Southwest Quarter of
Section 5, Township 44 North, Range 7 East of the Third
Principal Meridian, according to the plat recorded June 10,
1844, in Book D of Deeds, page 201, situated in the County of
McHenry, in the State of Illinois, described as follows, using
bearings as referenced to Illinois State Plane Coordinate
System, East Zone North American Datum 1983 (2011 Adjustment):
Commencing at a 5/8-inch iron pipe found at the southwest
corner of said Lot 7; thence North 0 degrees 22 minutes 24
seconds West, 62.67 feet along the west line of said Lot 7 to
the Point of Beginning; thence continuing North 0 degrees 22
minutes 24 seconds West, 20.41 feet along said west line;
thence North 89 degrees 42 minutes 37 seconds East, 12.36
feet; thence South 0 degrees 17 minutes 23 seconds East, 29.21
feet; thence South 89 degrees 57 minutes 09 seconds East,
26.25 feet; thence South 0 degrees 10 minutes 38 seconds West,
13.45 feet to the south line of said 47.5 feet of the south

87.5 feet of Lots 7 and 8; thence South 89 degrees 14 minutes
44 seconds West, 23.38 feet along said south line; thence
northwesterly, 27.31 feet on a curve to the right, having a
radius of 69.42 feet, the chord of said curve bears North 34
degrees 05 minutes 52 seconds West, 27.13 feet to the Point of
Beginning.
Said temporary easement containing 0.017 acre, more or
less.
***
The south 40 feet of Lots 7 and 8 in Block 18 in the
Original Plat of Town of Centerville, now City of Woodstock, a
subdivision of part of the Southwest Quarter of Section 5,
Township 44 North, Range 7 East of the Third Principal
Meridian, according to the plat recorded June 10, 1844, in
Book D of Deeds, page 201, in the City of Woodstock, McHenry
County, Illinois.
Said parcel containing 0.110 acre, more or less.
***
That part of Lot 204 of the Assessor's Plat of Section 8,
Township 44 North, Range 7 East of the Third Principal

Meridian described as follows, using bearings as referenced to
Illinois State Plane Coordinate System, East Zone North
American Datum 1983 (2011 Adjustment):
Beginning at the most westerly point of said Lot 204;
thence South 89 degrees 50 minutes 58 seconds East, 72.00 feet
along the north line of said Lot 204, said line also being the
south right-of-way line of East South Street; thence South 22
degrees 00 minutes 17 seconds West, 47.64 feet to the
southwesterly line of said Lot 204, said line also being the
northeasterly right-of-way line of Lake Avenue; thence North
50 degrees 40 minutes 20 seconds West, 70.00 feet along said
southwesterly line to the Point of Beginning.
Said parcel containing 0.036 acre, more or less.
(b) This Section is repealed July 9, 2024 (3 years after
the effective date of Public Act 102-53) this amendatory Act
of the 102nd General Assembly.
(Source: P.A. 102-53, eff. 7-9-21; revised 11-18-21.)
(735 ILCS 30/25-5-90)
(Section scheduled to be repealed on August 20, 2024)
Sec. 25-5-90 25-5-80. Quick-take; Moultrie County;
Township Road 185A.
(a) Quick-take proceedings under Article 20 may be used

for a period of no more than 2 years after August 20, 2021 (the
effective date of Public Act 102-564) this amendatory Act of
the 102nd General Assembly by Moultrie County for the
acquisition of the following described property for the
purpose of replacing a structure and constructing an
associated roadway on Township Road 185A:
A part of the Northeast Quarter of Section 11,
Township 12 North, Range 6 East of the Third Principal
Meridian located in Moultrie County, Illinois, more
particularly described as follows:
Commencing at the Southeast corner of the said
Northeast Quarter; thence North 88°48'50" West along the
South line of said Northeast Quarter, 966.15 feet to the
point of beginning; thence North 00°09'24" West, 13.14
feet to the centerline of proposed improvement; thence
continuing North 00°09'24" West, 30.00 feet to a point
being 30 feet distant measured and perpendicular to the
North of said centerline; thence North 84°54'18" West,
109.25 feet to a point being 40 feet distant measured and
perpendicular to and North of said centerline; thence
parallel with said centerline 169.29 feet along a circular
curve to the right having a chord bearing of North
68°09'28" West with a chord length of 165.14 feet and a
radius of 220.12 feet; thence parallel with said
centerline North 46°09'33" West, 296.16 feet: thence
parallel with said centerline 73.65 feet along a circular

curve to the left having a chord bearing of North
53°10'55" West with a chord length of 73.47 feet and a
radius of 300.44 feet to the South line of the North 70
acres of the West Half of the said Northeast Quarter;
thence North 88°59'47" West along the South line of said
North 70 acres, 620.26 feet; thence South 01°25'31" East,
29.21 feet to the existing South right-of-way line of the
East-West public road; thence South 82°37'17" East, 75.89
feet to the point being 30 feet distant measured and
perpendicular to the South of the said centerline; thence
parallel with said centerline North 88°34'29" East, 100
feet; thence South 63°13'29" East, 42.32 feet to a point
being 50 feet distant measured and perpendicular to and
South of the said centerline; thence parallel with said
centerline 109.31 feet along a circular curve to the right
having a chord bearing of South 89°44'30" East, with a
chord length of 109.29 feet and a radius of 1859.51 feet;
thence North 89°05'34" East,100.58 feet to a point being
45 feet distant measured and perpendicular to and South of
said centerline; thence parallel with said centerline
South 88°03'29" East, 54.61 feet; thence parallel with
said centerline 157.54 feet along a circular curve to the
right having a chord bearing of South 67°06'30" East with
a chord length of 165.14 feet and a radius of 220.12 feet,;
thence parallel with said centerline South 46°09'33" East,
79.94 feet; thence North 43°50'27" East, 5.00 feet to a

point being 40 feet distant measured and perpendicular to
and South of said centerline; thence parallel with said
centerline South 46°09'33" East, 161.15 feet to the West
line of Southeast Quarter of said Northeast Quarter;
thence South 01°05'23" East along the West line of said
Southeast Quarter of the Northeast Quarter, 87.37 feet to
the Southwest corner of said Southeast Quarter of the
Northeast Quarter; thence Easterly along the South line
said Northeast Quarter, 355.8 feet to the point of
beginning.
ALSO,
A part of the Northeast Quarter of Section 11,
Township 12 North, Range 6 East of the Third Principal
Meridian located in Moultrie County, Illinois, more
particularly described as follows:
Commencing at the Southeast corner of the said
Northeast Quarter; thence North 88°48'50" West along the
South line of said Northeast Quarter, 1319.84 feet; thence
North 01°11'10" East, 190.97 feet to a point being 40 feet
distant measured and perpendicular to and North of the
centerline of proposed improvement and the point of
beginning; thence North 43°50'27" East, 50.00 feet to a
point being 90 feet distant measured and perpendicular to
and North of said centerline: thence parallel with said
centerline North 46°09'33" West, 120.00 feet; thence South

43°50'27" West, 50.00 feet to the proposed right-of-way
line of proposed improvement, said point being 40 feet
distant measured and perpendicular to and North of said
centerline; thence South 46°09'33" East along said
proposed right-of-way line, 120.00 feet to the point of
beginning.
ALSO,
A part of the Northeast Quarter of Section 11,
Township 12 North, Range 6 East of the Third Principal
Meridian located in Moultrie County, Illinois, more
particularly described as follows:
Commencing at the Southeast corner of the said
Northeast Quarter; thence North 88°48'50" West along the
South line of said Northeast Quarter, 1351.98 feet; thence
North 01°11'10" East, 111.80 feet to the proposed
right-of-way line of the proposed improvement, said point
being 40 feet distant measured and perpendicular to and
South of the centerline of proposed improvement and the
point of beginning; thence parallel with said centerline
North 46°09'33" West along said proposed right-of-way
line, 125.00 feet; thence South 43°50'27" West along said
proposed right-of-way line, 5.00 feet to a point being 45
feet distant measured and perpendicular to and South of
said centerline; thence parallel with said centerline
North 46°09'33" West along said proposed right-of-way,

25.00 feet; thence South 43°50'27" West. 35.00 feet to a
point being 80 feet distant measured and perpendicular to
and South of said centerline; thence parallel with said
centerline South 46°09'33" East, 150.00 feet; North
43°50'27" East, 40.00 feet to the point of beginning.
ALSO,
A part of the Northeast Quarter of Section 11,
Township 12 North, Range 6 East of the Third Principal
Meridian located in Moultrie County, Illinois, more
particularly described as follows:
Commencing at the Southeast corner of the said
Northeast Quarter; thence North 88°48'50" West along the
South line of said Northeast Quarter, 1527.33 feet; thence
North 01°11'30" East, 264.11 feet to the proposed
right-of-way line of the proposed improvement, said point
being 45 feet distant measured and perpendicular to and
South of the centerline of proposed improvement and the
point of beginning; thence parallel with said centerline
73.33 feet along a circular curve to the left having a
chord bearing of North 63°12'22" West with a chord length
of 72.94 feet and a radius of 215.44 feet; thence South
17°06'20" West, 35.00 feet to a point being 80 feet
distant measured and perpendicular to and South of said
centerline; thence parallel with said centerline 61.41
feet along a circular curve to the right having a chord

bearing of South 63°08'38" East with a chord length of
61.12 feet and a radius of 180.44 feet; thence North
36°36'25" East, 35.00 feet to the point of beginning.
(b) This Section is repealed August 20, 2024 (3 years
after the effective date of Public Act 102-564) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-564, eff. 8-20-21; revised 11-18-21.)
(735 ILCS 30/25-5-95)
(Section scheduled to be repealed on August 27, 2023)
Sec. 25-5-95 25-5-80. Quick-take; City of Decatur; Brush
College Road.
(a) Quick-take proceedings under Article 20 may be used
for a period of one year after August 27, 2021 (the effective
date of Public Act 102-624) this amendatory Act of the 102nd
General Assembly by the City of Decatur and Macon County for
the acquisition of the following described property for the
purpose of obtaining the necessary right-of-way for the
construction of a grade separation of Brush College Road over
Faries Parkway and the Norfolk Southern Railroad in Decatur,
Illinois.
PARCEL 57b
A part of the East 108.9 feet of Lot One (1) of Westlake
2nd Addition of Outlots to the City of Decatur, Illinois,
per Plat recorded in Book 335, Page 591 of the Records in

the Recorder's Office of Macon County, Illinois and
described as follows:
Commencing at an Illinois Department of Transportation
Vault found at the northwest corner of Section 8, Township
16 North, Range 3 East of the Third Principal Meridian per
Monument Record recorded as Document 1894076 of the
records aforesaid; thence, along bearings reference to the
Illinois State Plane Coordinate System, NAD83 (2011
Adjustment), East Zone, North 89 degrees 06 minutes 39
seconds East 1204.57 feet, along the north line of the
Northwest Quarter of said Section 8; thence South 0
degrees 11 minutes 07 seconds East 7.33 feet to the
intersection of the west line of the East 108.9 feet of
said Lot One (1) with the north line of said Lot One (1)
and the Point of Beginning; thence North 87 degrees 53
minutes 06 seconds East 108.90 feet, along said north
line, also being the existing south right of way line of
East Faries Parkway per said Book 335, Page 591, to the
northeast corner of said Lot One (1); thence South 0
degrees 11 minutes 07 seconds East 389.96 feet, along the
east line of said Lot One (1), to the southeast corner of
said Lot One (1); thence South 87 degrees 53 minutes 21
seconds West 108.90 feet, along the south line of said Lot
One (1), also being the existing north right of way line of
East Logan Street per said Book 335, Page 591, to the

southwest corner of the East 108.9 feet of said Lot One
(1); thence North 0 degrees 11 minutes 07 seconds West
34.92 feet along the west line of the East 108.9 feet of
said Lot One (1); thence North 42 degrees 59 minutes 54
seconds East 85.21 feet; thence North 02 degrees 28
minutes 18 seconds East 182.00 feet; thence North 33
degrees 26 minutes 49 seconds West 88.33 feet; thence
South 83 degrees 08 minutes 31 seconds West 18.43 feet to
the west line of the East 108.9 feet of said Lot One (1);
thence North 0 degrees 11 minutes 07 seconds West 39.38
feet, along said west line, to the Point of Beginning.
Said parcel contains 0.600 acres, more or less.
Temporary Construction Easement
A part of the East 108.9 feet of Lot One (1) of Westlake
2nd Addition of Outlots to the City of Decatur, Illinois,
per Plat recorded in Book 335, Page 591 of the Records in
the Recorder's Office of Macon County, Illinois and
described as follows:
Commencing at an Illinois Department of Transportation
Vault found at the northwest corner of Section 8, Township
16 North, Range 3 East of the Third Principal Meridian per
Monument Record recorded as Document 1894076 of the
records aforesaid; thence, along bearings reference to the
Illinois State Plane Coordinate System, NAD83 (2011

Adjustment), East Zone, North 89 degrees 06 minutes 39
seconds East 1204.57 feet, along the north line of the
Northwest Quarter of said Section 8, to the intersection
of the northerly extension of the west line of the East
108.9 feet of said Lot One (1) with said north line; thence
South 0 degrees 11 minutes 07 seconds East 46.71 feet
along said northerly extension and said west line; thence
North 83 degrees 08 minutes 31 seconds East 18.43 feet;
thence South 33 degrees 26 minutes 49 seconds East 12.23
feet to the Point of Beginning; thence continue South 33
degrees 26 minutes 49 seconds East 41.57 feet; thence
North 89 degrees 34 minutes 37 seconds West 23.33 feet;
thence North 0 degrees 41 minutes 26 seconds East 34.52
feet to the Point of Beginning. Said parcel contains 0.009
acres (403 square feet), more or less.
PARCEL 57a
A part of the East one half of the West 446.77 feet of the
East 1003.67 feet of Lot One (1) and a part of the West 224
feet of the East 556.9 feet of Lot One (1) all of Westlake
2nd Addition of Outlots to the City of Decatur, Illinois,
per Plat recorded in Book 335, Page 591 of the Records in
the Recorder's Office of Macon County, Illinois and
described as follows:
Commencing at an Illinois Department of Transportation

Vault found at the northwest corner of Section 8, Township
16 North, Range 3 East of the Third Principal Meridian per
Monument Record recorded as Document 1894076 of the
records aforesaid; thence, along bearings reference to the
Illinois State Plane Coordinate System, NAD83 (2011
Adjustment), East Zone, North 89 degrees 06 minutes 39
seconds East 533.51 feet, along the north line of the
Northwest Quarter of said Section 8; thence South 0
degrees 11 minutes 07 seconds East 36.17 feet to the
intersection of the west line of the East one half of the
West 446.77 feet of the East 1003.67 feet of said Lot One
(1) with the existing south right of way line of East
Faries Parkway per Book 2515, Page 103 of the records
aforesaid and the Point of Beginning; thence North 81
degrees 39 minutes 51 seconds East 16.50 feet along said
existing right of way line; thence North 84 degrees 23
minutes 14 seconds East 207.86 feet, along said existing
right of way line, to intersection of the north line of
said Lot One (1) with the west line of the East 556.9 feet
of said Lot One (1); thence North 87 degrees 53 minutes 06
seconds East 224.00 feet, along said north line, also
being the existing south right of way line of East Faries
Parkway per said Book 335, Page 591, to the east line of
the West 224 feet of the East 556.9 feet of said Lot One
(1); thence South 0 degrees 11 minutes 07 seconds East
58.03 feet along said east line; thence South 83 degrees

08 minutes 31 seconds West 145.41 feet; thence South 86
degrees 40 minutes 37 seconds West 208.00 feet; thence
South 58 degrees 45 minutes 06 seconds West 110.93 feet to
the west line of the East one half of the West 446.77 feet
of the East 1003.67 feet of said Lot One (1); thence North
0 degrees 11 minutes 07 seconds West 114.00 feet, along
said west line, to the Point of Beginning. Said parcel
contains 0.743 acres, more or less.
Temporary Construction Easement
A part of the West 224 feet of the East 556.9 feet of Lot
One (1) of Westlake 2nd Addition of Outlots to the City of
Decatur, Illinois, per Plat recorded in Book 335, Page 591
of the Records in the Recorder's Office of Macon County,
Illinois and described as follows:
Commencing at an Illinois Department of Transportation
Vault found at the northwest corner of Section 8, Township
16 North, Range 3 East of the Third Principal Meridian per
Monument Record recorded as Document 1894076 of the
records aforesaid; thence, along bearings reference to the
Illinois State Plane Coordinate System, NAD83 (2011
Adjustment), East Zone, North 89 degrees 06 minutes 39
seconds East 533.51 feet, along the north line of the
Northwest Quarter of said Section 8, to the intersection
of the northerly extension of the west line of the East one

half of the West 446.77 feet of the East 1003.67 feet of
said Lot One (1) with said north line; thence South 0
degrees 11 minutes 07 seconds East 150.17 feet along said
northerly extension and said west line; thence North 58
degrees 45 minutes 06 seconds East 110.93 feet; thence
North 86 degrees 40 minutes 37 seconds East 208.00 feet to
the Point of Beginning; thence North 83 degrees 08 minutes
31 seconds East 91.78 feet; thence South 2 degrees 02
minutes 57 seconds East 5.66 feet; thence South 86 degrees
40 minutes 37 seconds West 91.48 feet to the Point of
Beginning. Said parcel contains 0.006 acres (259 square
feet), more or less.
PARCEL 39
Lot 8 of Westlake 2nd Addition of Outlots to the City of
Decatur, as per Plat recorded in Book 335, Page 591 of the
Records in the Recorder's Office of Macon County, Illinois
also known as 1880 North Brush College Road.
(b) This Section is repealed August 27, 2023 (2 years
after the effective date of Public Act 102-624) this
amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-624, eff. 8-27-21; revised 11-18-21.)
Section 685. The Illinois Marriage and Dissolution of
Marriage Act is amended by setting forth and renumbering

multiple versions of Section 221 as follows:
(750 ILCS 5/221)
Sec. 221. Name change on marriage certificate. For a
person married in any county in this State, the county clerk
shall issue a new marriage certificate when it receives legal
documentation indicating that one of the parties listed on the
certificate has legally changed names. An order for name
change issued pursuant to Section 21-101 of the Code of Civil
Procedure shall be the only legal documentation that a county
clerk may require. The new marriage certificate shall reflect
the legal name change and shall bear no additional markings.
(Source: P.A. 102-169, eff. 7-27-21.)
(750 ILCS 5/222)
Sec. 222 221. Request for changing or removing gender
identifying language on a marriage certificate.
(a) Upon completion of an affidavit provided by the county
clerk and confirmation of identity, a person, still currently
married, may request a certificate of the person's current
marriage free of any gender identifying language. The person
may request a change from terms such as "bride" and "groom" to
a nongendered term such as "spouse" or a variant of "Spouse 1"
or "Spouse A". Upon such request, both parties shall be listed
with a nongendered identifier on a certificate. The request
shall not permanently change the gender identifying language

in the clerk's records, and the affidavit and issuance shall
be kept in the permanent records of the clerk.
The affidavit shall be created by the county clerk, may
appear on a combined form with the form under subsection (b),
and shall be substantially as follows:
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
I, .........., state that I am a named spouse on a
marriage license held in this office, that I am still
married to the other named spouse on that marriage license
as of the date of this request, and hereby request the
holder of this record provide me, and only me, with a
marriage certificate with any gender-identifying language
removed or changed to "spouse". I affirm that this change
is for purposes of this certified copy, the change will
not be made to permanent records, and a record of this
request shall be held by the holder of this marriage
record.
Date..........
Signature..........
(b) If 2 parties currently married request a marriage
certificate with gender identifiers changed, such as "bride"
to "groom" or "groom" to "bride", both parties shall appear
before the clerk, indicate consent, and complete an affidavit.
If the clerk is technologically able and the parties desire,
the change in gender is permanent.
The affidavit shall be created by the county clerk, may

appear on a combined form with the form under subsection (a),
and shall be substantially as follows:
REQUEST FOR NONGENDERED COPY OF A MARRIAGE CERTIFICATE
We, ..........[Spouse A] and ..........[Spouse B], the
still-married named persons on a marriage license held in
this office as of the date of this request, hereby request
the holder of this record to provide a marriage
certificate with gender-identifying terms such as "bride"
and "groom" changed as follows:
..........[Name of Spouse A] Bride, Groom, or Spouse
(select one).
..........[Name of Spouse B] Bride, Groom, or Spouse
(select one).
We affirm that this change is for purposes of this
certified copy, and the change will not be made to
permanent records, unless indicated by selecting Yes or No
(select one) and a record of this request shall be held by
the holder of this marriage record.
Date..........
Signature of Spouse A..........
Signature of Spouse B..........
(c) If a county provides a certified record, photocopy, or
reproduction of an original record in lieu of a summary data
sheet, the county clerk shall work with the Department of
Public Health to develop a new certificate that can be issued
in lieu of a reproduction of the prior record. Nothing in this

subsection authorizes the county clerk to permanently mark or
deface a prior record in lieu of a summary data sheet
certificate.
(d) When a clerk issues a nongendered marriage certificate
under subsection (a), the certificate shall not include any
language indicating it has been amended nor that it is not a
true and accurate record of the facts stated therein.
(Source: P.A. 102-171, eff. 1-1-22; revised 11-18-21.)
Section 690. The Illinois Domestic Violence Act of 1986 is
amended by changing Section 301 as follows:
(750 ILCS 60/301) (from Ch. 40, par. 2313-1)
(Text of Section before amendment by P.A. 101-652)
Sec. 301. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to 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, even if the crime was not committed in
the presence of the officer.
(b) The law enforcement officer may verify the existence
of an order of protection by telephone or radio communication
with his or her law enforcement agency or by referring to the
copy of the order, or order of protection described on a Hope

Card under Section 219.5, provided by the petitioner or
respondent.
(c) Any law enforcement officer may make an arrest without
warrant if the officer has reasonable grounds to believe a
defendant at liberty under the provisions of subdivision
(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
Procedure of 1963 has violated a condition of his or her bail
bond or recognizance.
(Source: P.A. 102-481, eff. 1-1-22.)
(Text of Section after amendment by P.A. 101-652)
Sec. 301. Arrest without warrant.
(a) Any law enforcement officer may make an arrest without
warrant if the officer has probable cause to believe that the
person has committed or is committing any crime, including but
not limited to 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, even if the crime was not committed in
the presence of the officer.
(b) The law enforcement officer may verify the existence
of an order of protection by telephone or radio communication
with his or her law enforcement agency or by referring to the
copy of the order, or order of protection described on a Hope
Card under Section 219.5, provided by the petitioner or
respondent.
(c) Any law enforcement officer may make an arrest without

warrant if the officer has reasonable grounds to believe a
defendant at liberty under the provisions of subdivision
(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
Procedure of 1963 has violated a condition of his or her
pretrial release or recognizance.
(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;
revised 10-14-21.)
Section 695. The Probate Act of 1975 is amended by
changing Sections 11a-2, 11a-10, and 11a-17 as follows:
(755 ILCS 5/11a-2) (from Ch. 110 1/2, par. 11a-2)
Sec. 11a-2. "Person with a disability" defined.) "Person
with a disability" means a person 18 years or older who (a)
because of mental deterioration or physical incapacity is not
fully able to manage his person or estate, or (b) is a person
with mental illness or a person with a developmental
disability and who because of his mental illness or
developmental disability is not fully able to manage his
person or estate, or (c) because of gambling, idleness,
debauchery, or excessive use of intoxicants or drugs, so
spends or wastes his estate as to expose himself or his family
to want or suffering, or (d) is diagnosed with fetal alcohol
syndrome or fetal alcohol effects.
(Source: P.A. 99-143, eff. 7-27-15; revised 11-24-21.)

(755 ILCS 5/11a-10) (from Ch. 110 1/2, par. 11a-10)
Sec. 11a-10. Procedures preliminary to hearing.
(a) Upon the filing of a petition pursuant to Section
11a-8, the court shall set a date and place for hearing to take
place within 30 days. The court shall appoint a guardian ad
litem to report to the court concerning the respondent's best
interests consistent with the provisions of this Section,
except that the appointment of a guardian ad litem shall not be
required when the court determines that such appointment is
not necessary for the protection of the respondent or a
reasonably informed decision on the petition. If the guardian
ad litem is not a licensed attorney, he or she shall be
qualified, by training or experience, to work with or advocate
for persons with developmental disabilities, the mentally ill,
persons with physical disabilities, the elderly, or persons
with a disability due to mental deterioration, depending on
the type of disability that is alleged in the petition. The
court may allow the guardian ad litem reasonable compensation.
The guardian ad litem may consult with a person who by training
or experience is qualified to work with persons with a
developmental disability, persons with mental illness, persons
with physical disabilities, or persons with a disability due
to mental deterioration, depending on the type of disability
that is alleged. The guardian ad litem shall personally
observe the respondent prior to the hearing and shall inform
him orally and in writing of the contents of the petition and

of his rights, including providing a copy of the notice of
rights required under subsection (e). The guardian ad litem
shall also attempt to elicit the respondent's position
concerning the adjudication of disability, the proposed
guardian, a proposed change in residential placement, changes
in care that might result from the guardianship, and other
areas of inquiry deemed appropriate by the court.
Notwithstanding any provision in the Mental Health and
Developmental Disabilities Confidentiality Act or any other
law, a guardian ad litem shall have the right to inspect and
copy any medical or mental health record of the respondent
which the guardian ad litem deems necessary, provided that the
information so disclosed shall not be utilized for any other
purpose nor be redisclosed except in connection with the
proceedings. At or before the hearing, the guardian ad litem
shall file a written report detailing his or her observations
of the respondent, the responses of the respondent to any of
the inquiries detailed in this Section, the opinion of the
guardian ad litem or other professionals with whom the
guardian ad litem consulted concerning the appropriateness of
guardianship, and any other material issue discovered by the
guardian ad litem. The guardian ad litem shall appear at the
hearing and testify as to any issues presented in his or her
report.
(b) The court (1) may appoint counsel for the respondent,
if the court finds that the interests of the respondent will be

best served by the appointment, and (2) shall appoint counsel
upon the respondent's request or if the respondent takes a
position adverse to that of the guardian ad litem. The
respondent shall be permitted to obtain the appointment of
counsel either at the hearing or by any written or oral request
communicated to the court prior to the hearing. The summons
shall inform the respondent of this right to obtain appointed
counsel. The court may allow counsel for the respondent
reasonable compensation.
(c) The allocation of guardian ad litem fees and costs is
within the discretion of the court. No legal fees, appointed
counsel fees, guardian ad litem fees, or costs shall be
assessed against the Office of the State Guardian, the public
guardian, an adult protective services agency, the Department
of Children and Family Services, or the agency designated by
the Governor under Section 1 of the Protection and Advocacy
for Persons with Developmental Disabilities Act.
(d) The hearing may be held at such convenient place as the
court directs, including at a facility in which the respondent
resides.
(e) Unless he is the petitioner, the respondent shall be
personally served with a copy of the petition and a summons not
less than 14 days before the hearing. The summons shall be
printed in large, bold type and shall include the following:
NOTICE OF RIGHTS OF RESPONDENT
You have been named as a respondent in a guardianship

petition asking that you be declared a person with a
disability. If the court grants the petition, a guardian will
be appointed for you. A copy of the guardianship petition is
attached for your convenience.
The date and time of the hearing are:
The place where the hearing will occur is:
The Judge's name and phone number is:
If a guardian is appointed for you, the guardian may be
given the right to make all important personal decisions for
you, such as where you may live, what medical treatment you may
receive, what places you may visit, and who may visit you. A
guardian may also be given the right to control and manage your
money and other property, including your home, if you own one.
You may lose the right to make these decisions for yourself.
You have the following legal rights:
(1) You have the right to be present at the court
hearing.
(2) You have the right to be represented by a lawyer,
either one that you retain, or one appointed by the Judge.
(3) You have the right to ask for a jury of six persons
to hear your case.
(4) You have the right to present evidence to the
court and to confront and cross-examine witnesses.
(5) You have the right to ask the Judge to appoint an
independent expert to examine you and give an opinion
about your need for a guardian.

(6) You have the right to ask that the court hearing be
closed to the public.
(7) You have the right to tell the court whom you
prefer to have for your guardian.
(8) You have the right to ask a judge to find that
although you lack some capacity to make your own
decisions, you can make other decisions, and therefore it
is best for the court to appoint only a limited guardian
for you.
You do not have to attend the court hearing if you do not
want to be there. If you do not attend, the Judge may appoint a
guardian if the Judge finds that a guardian would be of benefit
to you. The hearing will not be postponed or canceled if you do
not attend. If you are unable to attend the hearing in person
or you will suffer harm if you attend, the Judge can decide to
hold the hearing at a place that is convenient. The Judge can
also follow the rule of the Supreme Court of this State, or its
local equivalent, and decide if a video conference is
appropriate.
IT IS VERY IMPORTANT THAT YOU ATTEND THE HEARING IF YOU DO
NOT WANT A GUARDIAN OR IF YOU WANT SOMEONE OTHER THAN THE
PERSON NAMED IN THE GUARDIANSHIP PETITION TO BE YOUR GUARDIAN.
IF YOU DO NOT WANT A GUARDIAN OR IF YOU HAVE ANY OTHER
PROBLEMS, YOU SHOULD CONTACT AN ATTORNEY OR COME TO COURT AND
TELL THE JUDGE.
Service of summons and the petition may be made by a

private person 18 years of age or over who is not a party to
the action.
[END OF FORM] .
(f) Notice of the time and place of the hearing shall be
given by the petitioner by mail or in person to those persons,
including the proposed guardian, whose names and addresses
appear in the petition and who do not waive notice, not less
than 14 days before the hearing.
(Source: P.A. 102-72, eff. 1-1-22; 102-191, eff. 1-1-22;
revised 9-22-21.)
(755 ILCS 5/11a-17) (from Ch. 110 1/2, par. 11a-17)
Sec. 11a-17. Duties of personal guardian.
(a) To the extent ordered by the court and under the
direction of the court, the guardian of the person shall have
custody of the ward and the ward's minor and adult dependent
children and shall procure for them and shall make provision
for their support, care, comfort, health, education and
maintenance, and professional services as are appropriate, but
the ward's spouse may not be deprived of the custody and
education of the ward's minor and adult dependent children,
without the consent of the spouse, unless the court finds that
the spouse is not a fit and competent person to have that
custody and education. The guardian shall assist the ward in
the development of maximum self-reliance and independence. The
guardian of the person may petition the court for an order

directing the guardian of the estate to pay an amount
periodically for the provision of the services specified by
the court order. If the ward's estate is insufficient to
provide for education and the guardian of the ward's person
fails to provide education, the court may award the custody of
the ward to some other person for the purpose of providing
education. If a person makes a settlement upon or provision
for the support or education of a ward, the court may make an
order for the visitation of the ward by the person making the
settlement or provision as the court deems proper. A guardian
of the person may not admit a ward to a mental health facility
except at the ward's request as provided in Article IV of the
Mental Health and Developmental Disabilities Code and unless
the ward has the capacity to consent to such admission as
provided in Article IV of the Mental Health and Developmental
Disabilities Code.
(a-3) If a guardian of an estate has not been appointed,
the guardian of the person may, without an order of court,
open, maintain, and transfer funds to an ABLE account on
behalf of the ward and the ward's minor and adult dependent
children as specified under Section 16.6 of the State
Treasurer Act.
(a-5) If the ward filed a petition for dissolution of
marriage under the Illinois Marriage and Dissolution of
Marriage Act before the ward was adjudicated a person with a
disability under this Article, the guardian of the ward's

person and estate may maintain that action for dissolution of
marriage on behalf of the ward. Upon petition by the guardian
of the ward's person or estate, the court may authorize and
direct a guardian of the ward's person or estate to file a
petition for dissolution of marriage or to file a petition for
legal separation or declaration of invalidity of marriage
under the Illinois Marriage and Dissolution of Marriage Act on
behalf of the ward if the court finds by clear and convincing
evidence that the relief sought is in the ward's best
interests. In making its determination, the court shall
consider the standards set forth in subsection (e) of this
Section.
(a-10) Upon petition by the guardian of the ward's person
or estate, the court may authorize and direct a guardian of the
ward's person or estate to consent, on behalf of the ward, to
the ward's marriage pursuant to Part II of the Illinois
Marriage and Dissolution of Marriage Act if the court finds by
clear and convincing evidence that the marriage is in the
ward's best interests. In making its determination, the court
shall consider the standards set forth in subsection (e) of
this Section. Upon presentation of a court order authorizing
and directing a guardian of the ward's person and estate to
consent to the ward's marriage, the county clerk shall accept
the guardian's application, appearance, and signature on
behalf of the ward for purposes of issuing a license to marry
under Section 203 of the Illinois Marriage and Dissolution of

Marriage Act.
(b) If the court directs, the guardian of the person shall
file with the court at intervals indicated by the court, a
report that shall state briefly: (1) the current mental,
physical, and social condition of the ward and the ward's
minor and adult dependent children; (2) their present living
arrangement, and a description and the address of every
residence where they lived during the reporting period and the
length of stay at each place; (3) a summary of the medical,
educational, vocational, and other professional services given
to them; (4) a resume of the guardian's visits with and
activities on behalf of the ward and the ward's minor and adult
dependent children; (5) a recommendation as to the need for
continued guardianship; (6) any other information requested by
the court or useful in the opinion of the guardian. The Office
of the State Guardian shall assist the guardian in filing the
report when requested by the guardian. The court may take such
action as it deems appropriate pursuant to the report.
(c) Absent court order pursuant to the Illinois Power of
Attorney Act directing a guardian to exercise powers of the
principal under an agency that survives disability, the
guardian has no power, duty, or liability with respect to any
personal or health care matters covered by the agency. This
subsection (c) applies to all agencies, whenever and wherever
executed.
(d) A guardian acting as a surrogate decision maker under

the Health Care Surrogate Act shall have all the rights of a
surrogate under that Act without court order including the
right to make medical treatment decisions such as decisions to
forgo or withdraw life-sustaining treatment. Any decisions by
the guardian to forgo or withdraw life-sustaining treatment
that are not authorized under the Health Care Surrogate Act
shall require a court order. Nothing in this Section shall
prevent an agent acting under a power of attorney for health
care from exercising his or her authority under the Illinois
Power of Attorney Act without further court order, unless a
court has acted under Section 2-10 of the Illinois Power of
Attorney Act. If a guardian is also a health care agent for the
ward under a valid power of attorney for health care, the
guardian acting as agent may execute his or her authority
under that act without further court order.
(e) Decisions made by a guardian on behalf of a ward shall
be made in accordance with the following standards for
decision making. The guardian shall consider the ward's
current preferences to the extent the ward has the ability to
participate in decision making when those preferences are
known or reasonably ascertainable by the guardian. Decisions
by the guardian shall conform to the ward's current
preferences: (1) unless the guardian reasonably believes that
doing so would result in substantial harm to the ward's
welfare or personal or financial interests; and (2) so long as
such decisions give substantial weight to what the ward, if

competent, would have done or intended under the
circumstances, taking into account evidence that includes, but
is not limited to, the ward's personal, philosophical,
religious and moral beliefs, and ethical values relative to
the decision to be made by the guardian. Where possible, the
guardian shall determine how the ward would have made a
decision based on the ward's previously expressed preferences,
and make decisions in accordance with the preferences of the
ward. If the ward's wishes are unknown and remain unknown
after reasonable efforts to discern them, or if the guardian
reasonably believes that a decision made in conformity with
the ward's preferences would result in substantial harm to the
ward's welfare or personal or financial interests, the
decision shall be made on the basis of the ward's best
interests as determined by the guardian. In determining the
ward's best interests, the guardian shall weigh the reason for
and nature of the proposed action, the benefit or necessity of
the action, the possible risks and other consequences of the
proposed action, and any available alternatives and their
risks, consequences and benefits, and shall take into account
any other information, including the views of family and
friends, that the guardian believes the ward would have
considered if able to act for herself or himself.
(f) Upon petition by any interested person (including the
standby or short-term guardian), with such notice to
interested persons as the court directs and a finding by the

court that it is in the best interests of the person with a
disability, the court may terminate or limit the authority of
a standby or short-term guardian or may enter such other
orders as the court deems necessary to provide for the best
interests of the person with a disability. The petition for
termination or limitation of the authority of a standby or
short-term guardian may, but need not, be combined with a
petition to have another guardian appointed for the person
with a disability.
(g)(1) Unless there is a court order to the contrary, the
guardian, consistent with the standards set forth in
subsection (e) of this Section, shall use reasonable efforts
to notify the ward's known adult children, who have requested
notification and provided contact information, of the ward's
admission to a hospital, hospice, or palliative care program,
the ward's death, and the arrangements for the disposition of
the ward's remains.
(2) If a guardian unreasonably prevents an adult child,
spouse, adult grandchild, parent, or adult sibling of the ward
from visiting the ward, the court, upon a verified petition,
may order the guardian to permit visitation between the ward
and the adult child, spouse, adult grandchild, parent, or
adult sibling. In making its determination, the court shall
consider the standards set forth in subsection (e) of this
Section. The court shall not allow visitation if the court
finds that the ward has capacity to evaluate and communicate

decisions regarding visitation and expresses a desire not to
have visitation with the petitioner. This subsection (g) does
not apply to duly appointed public guardians or the Office of
State Guardian.
(Source: P.A. 101-329, eff. 8-9-19; 102-72, eff. 1-1-22;
102-258, eff. 8-6-21; revised 9-22-21.)
Section 700. The Real Property Transfer on Death
Instrument Act is amended by changing Section 5 as follows:
(755 ILCS 27/5)
Sec. 5. Definitions. In this Act:
"Beneficiary" means a person that receives real property
under a transfer on death instrument.
"Designated beneficiary" means a person designated to
receive real property under a transfer on death instrument.
"Joint owner" means an individual who owns real property
concurrently with one or more other individuals with a right
of survivorship. The term includes a joint tenant or a tenant
by the entirety. The term does not include a tenant in common.
"Owner" means an individual who owns an interest in real
property. "Owner" does not include a trustee or an individual
acting in a fiduciary, representative, or agency capacity who
holds an interest in real property.
"Person" means: an individual; a corporation; a business
trust; a trustee of a land trust, a revocable or irrevocable

trust, a trust created under a will or under a transfer on
death instrument; a partnership; a limited liability company;
an association; a joint venture; a public corporation; a
government or governmental subdivision; an agency; an
instrumentality; a guardian; a custodian designated or to be
designated under any state's uniform transfers to minors act;
or any other legal entity. inter vivos
"Real property" means an interest in realty located in
this State capable of being transferred on the death of the
owner.
"Residential real estate" means real property improved
with not less than one nor more than 4 residential dwelling
units; a residential condominium unit, including but not
limited to the common elements allocated to the exclusive use
thereof that form an integral part of the condominium unit and
any parking unit or units specified by the declaration to be
allocated to a specific residential condominium unit; or a
single tract of agriculture real estate consisting of 40 acres
or less which is improved with a single family residence. If a
declaration of condominium ownership provides for individually
owned and transferable parking units, "residential real
estate" does not include the parking unit of a specific
residential condominium unit unless the parking unit is
included in the legal description of the property being
transferred by a transfer on death instrument.
"Transfer on death instrument" means an instrument

authorized under this Act.
(Source: P.A. 102-68, eff. 1-1-22; 102-558, eff. 8-20-21;
revised 10-12-21.)
Section 705. The Illinois Power of Attorney Act is amended
by changing Sections 4-6 and 4-10 as follows:
(755 ILCS 45/4-6) (from Ch. 110 1/2, par. 804-6)
Sec. 4-6. Revocation and amendment of health care
agencies.
(a) Unless the principal elects a delayed revocation
period pursuant to subsection (a-5), every health care agency
may be revoked by the principal at any time, without regard to
the principal's mental or physical condition, by any of the
following methods:
1. By being obliterated, burnt, torn, or otherwise
destroyed or defaced in a manner indicating intention to
revoke;
2. By a written revocation of the agency signed and
dated by the principal or person acting at the direction
of the principal, regardless of whether the written
revocation is in an electronic or hard copy format;
3. By an oral or any other expression of the intent to
revoke the agency in the presence of a witness 18 years of
age or older who signs and dates a writing confirming that
such expression of intent was made; or

4. For an electronic health care agency, by deleting
in a manner indicating the intention to revoke. An
electronic health care agency may be revoked
electronically using a generic, technology-neutral system
in which each user is assigned a unique identifier that is
securely maintained and in a manner that meets the
regulatory requirements for a digital or electronic
signature. Compliance with the standards defined in the
Uniform Electronic Transactions Act or the implementing
rules of the Hospital Licensing Act for medical record
entry authentication for author validation of the
documentation, content accuracy, and completeness meets
this standard.
(a-5) A principal may elect a 30-day delay of the
revocation of the principal's health care agency. If a
principal makes this election, the principal's revocation
shall be delayed for 30 days after the principal communicates
his or her intent to revoke.
(b) Every health care agency may be amended at any time by
a written amendment signed and dated by the principal or
person acting at the direction of the principal.
(c) Any person, other than the agent, to whom a revocation
or amendment is communicated or delivered shall make all
reasonable efforts to inform the agent of that fact as
promptly as possible.
(Source: P.A. 101-163, eff. 1-1-20; 102-38, eff. 6-25-21;

102-181, eff. 7-30-21; revised 9-22-21.)
(755 ILCS 45/4-10) (from Ch. 110 1/2, par. 804-10)
Sec. 4-10. Statutory short form power of attorney for
health care.
(a) The form prescribed in this Section (sometimes also
referred to in this Act as the "statutory health care power")
may be used to grant an agent powers with respect to the
principal's own health care; but the statutory health care
power is not intended to be exclusive nor to cover delegation
of a parent's power to control the health care of a minor
child, and no provision of this Article shall be construed to
invalidate or bar use by the principal of any other or
different form of power of attorney for health care.
Nonstatutory health care powers must be executed by the
principal, designate the agent and the agent's powers, and
comply with the limitations in Section 4-5 of this Article,
but they need not be witnessed or conform in any other respect
to the statutory health care power.
No specific format is required for the statutory health
care power of attorney other than the notice must precede the
form. The statutory health care power may be included in or
combined with any other form of power of attorney governing
property or other matters.
The signature and execution requirements set forth in this
Article are satisfied by: (i) written signatures or initials;

or (ii) electronic signatures or computer-generated signature
codes. Electronic documents under this Act may be created,
signed, or revoked electronically using a generic,
technology-neutral system in which each user is assigned a
unique identifier that is securely maintained and in a manner
that meets the regulatory requirements for a digital or
electronic signature. Compliance with the standards defined in
the Uniform Electronic Transactions Act or the implementing
rules of the Hospital Licensing Act for medical record entry
authentication for author validation of the documentation,
content accuracy, and completeness meets this standard.
(b) The Illinois Statutory Short Form Power of Attorney
for Health Care shall be substantially as follows:
NOTICE TO THE INDIVIDUAL SIGNING
THE POWER OF ATTORNEY FOR HEALTH CARE
No one can predict when a serious illness or accident
might occur. When it does, you may need someone else to speak
or make health care decisions for you. If you plan now, you can
increase the chances that the medical treatment you get will
be the treatment you want.
In Illinois, you can choose someone to be your "health
care agent". Your agent is the person you trust to make health
care decisions for you if you are unable or do not want to make
them yourself. These decisions should be based on your
personal values and wishes.

It is important to put your choice of agent in writing. The
written form is often called an "advance directive". You may
use this form or another form, as long as it meets the legal
requirements of Illinois. There are many written and online
on-line resources to guide you and your loved ones in having a
conversation about these issues. You may find it helpful to
look at these resources while thinking about and discussing
your advance directive.
WHAT ARE THE THINGS I WANT MY
HEALTH CARE AGENT TO KNOW?
The selection of your agent should be considered
carefully, as your agent will have the ultimate
decision-making authority once this document goes into effect,
in most instances after you are no longer able to make your own
decisions. While the goal is for your agent to make decisions
in keeping with your preferences and in the majority of
circumstances that is what happens, please know that the law
does allow your agent to make decisions to direct or refuse
health care interventions or withdraw treatment. Your agent
will need to think about conversations you have had, your
personality, and how you handled important health care issues
in the past. Therefore, it is important to talk with your agent
and your family about such things as:
(i) What is most important to you in your life?
(ii) How important is it to you to avoid pain and

suffering?
(iii) If you had to choose, is it more important to you
to live as long as possible, or to avoid prolonged
suffering or disability?
(iv) Would you rather be at home or in a hospital for
the last days or weeks of your life?
(v) Do you have religious, spiritual, or cultural
beliefs that you want your agent and others to consider?
(vi) Do you wish to make a significant contribution to
medical science after your death through organ or whole
body donation?
(vii) Do you have an existing advance directive, such
as a living will, that contains your specific wishes about
health care that is only delaying your death? If you have
another advance directive, make sure to discuss with your
agent the directive and the treatment decisions contained
within that outline your preferences. Make sure that your
agent agrees to honor the wishes expressed in your advance
directive.
WHAT KIND OF DECISIONS CAN MY AGENT MAKE?
If there is ever a period of time when your physician
determines that you cannot make your own health care
decisions, or if you do not want to make your own decisions,
some of the decisions your agent could make are to:
(i) talk with physicians and other health care

providers about your condition.
(ii) see medical records and approve who else can see
them.
(iii) give permission for medical tests, medicines,
surgery, or other treatments.
(iv) choose where you receive care and which
physicians and others provide it.
(v) decide to accept, withdraw, or decline treatments
designed to keep you alive if you are near death or not
likely to recover. You may choose to include guidelines
and/or restrictions to your agent's authority.
(vi) agree or decline to donate your organs or your
whole body if you have not already made this decision
yourself. This could include donation for transplant,
research, and/or education. You should let your agent know
whether you are registered as a donor in the First Person
Consent registry maintained by the Illinois Secretary of
State or whether you have agreed to donate your whole body
for medical research and/or education.
(vii) decide what to do with your remains after you
have died, if you have not already made plans.
(viii) talk with your other loved ones to help come to
a decision (but your designated agent will have the final
say over your other loved ones).
Your agent is not automatically responsible for your
health care expenses.

WHOM SHOULD I CHOOSE TO BE MY HEALTH CARE AGENT?
You can pick a family member, but you do not have to. Your
agent will have the responsibility to make medical treatment
decisions, even if other people close to you might urge a
different decision. The selection of your agent should be done
carefully, as he or she will have ultimate decision-making
authority for your treatment decisions once you are no longer
able to voice your preferences. Choose a family member,
friend, or other person who:
(i) is at least 18 years old;
(ii) knows you well;
(iii) you trust to do what is best for you and is
willing to carry out your wishes, even if he or she may not
agree with your wishes;
(iv) would be comfortable talking with and questioning
your physicians and other health care providers;
(v) would not be too upset to carry out your wishes if
you became very sick; and
(vi) can be there for you when you need it and is
willing to accept this important role.
WHAT IF MY AGENT IS NOT AVAILABLE OR IS
UNWILLING TO MAKE DECISIONS FOR ME?
If the person who is your first choice is unable to carry
out this role, then the second agent you chose will make the

decisions; if your second agent is not available, then the
third agent you chose will make the decisions. The second and
third agents are called your successor agents and they
function as back-up agents to your first choice agent and may
act only one at a time and in the order you list them.
WHAT WILL HAPPEN IF I DO NOT
CHOOSE A HEALTH CARE AGENT?
If you become unable to make your own health care
decisions and have not named an agent in writing, your
physician and other health care providers will ask a family
member, friend, or guardian to make decisions for you. In
Illinois, a law directs which of these individuals will be
consulted. In that law, each of these individuals is called a
"surrogate".
There are reasons why you may want to name an agent rather
than rely on a surrogate:
(i) The person or people listed by this law may not be
who you would want to make decisions for you.
(ii) Some family members or friends might not be able
or willing to make decisions as you would want them to.
(iii) Family members and friends may disagree with one
another about the best decisions.
(iv) Under some circumstances, a surrogate may not be
able to make the same kinds of decisions that an agent can
make.

WHAT IF THERE IS NO ONE AVAILABLE
WHOM I TRUST TO BE MY AGENT?
In this situation, it is especially important to talk to
your physician and other health care providers and create
written guidance about what you want or do not want, in case
you are ever critically ill and cannot express your own
wishes. You can complete a living will. You can also write your
wishes down and/or discuss them with your physician or other
health care provider and ask him or her to write it down in
your chart. You might also want to use written or online
on-line resources to guide you through this process.
WHAT DO I DO WITH THIS FORM ONCE I COMPLETE IT?
Follow these instructions after you have completed the
form:
(i) Sign the form in front of a witness. See the form
for a list of who can and cannot witness it.
(ii) Ask the witness to sign it, too.
(iii) There is no need to have the form notarized.
(iv) Give a copy to your agent and to each of your
successor agents.
(v) Give another copy to your physician.
(vi) Take a copy with you when you go to the hospital.
(vii) Show it to your family and friends and others
who care for you.

WHAT IF I CHANGE MY MIND?
You may change your mind at any time. If you do, tell
someone who is at least 18 years old that you have changed your
mind, and/or destroy your document and any copies. If you
wish, fill out a new form and make sure everyone you gave the
old form to has a copy of the new one, including, but not
limited to, your agents and your physicians. If you are
concerned you may revoke your power of attorney at a time when
you may need it the most, you may initial the box at the end of
the form to indicate that you would like a 30-day waiting
period after you voice your intent to revoke your power of
attorney. This means if your agent is making decisions for you
during that time, your agent can continue to make decisions on
your behalf. This election is purely optional, and you do not
have to choose it. If you do not choose this option, you can
change your mind and revoke the power of attorney at any time.
WHAT IF I DO NOT WANT TO USE THIS FORM?
In the event you do not want to use the Illinois statutory
form provided here, any document you complete must be executed
by you, designate an agent who is over 18 years of age and not
prohibited from serving as your agent, and state the agent's
powers, but it need not be witnessed or conform in any other
respect to the statutory health care power.
If you have questions about the use of any form, you may

want to consult your physician, other health care provider,
and/or an attorney.
MY POWER OF ATTORNEY FOR HEALTH CARE
THIS POWER OF ATTORNEY REVOKES ALL PREVIOUS POWERS OF ATTORNEY
FOR HEALTH CARE. (You must sign this form and a witness must
also sign it before it is valid)
My name (Print your full name):..........
My address:..................................................
I WANT THE FOLLOWING PERSON TO BE MY HEALTH CARE AGENT
(an agent is your personal representative under state and
federal law):
(Agent name).................
(Agent address).............
(Agent phone number).........................................
(Please check box if applicable) .... If a guardian of my
person is to be appointed, I nominate the agent acting under
this power of attorney as guardian.
SUCCESSOR HEALTH CARE AGENT(S) (optional):
If the agent I selected is unable or does not want to make
health care decisions for me, then I request the person(s) I

name below to be my successor health care agent(s). Only one
person at a time can serve as my agent (add another page if you
want to add more successor agent names):
.....................
(Successor agent #1 name, address and phone number)
..........
(Successor agent #2 name, address and phone number)
MY AGENT CAN MAKE HEALTH CARE DECISIONS FOR ME, INCLUDING:
(i) Deciding to accept, withdraw, or decline treatment
for any physical or mental condition of mine, including
life-and-death decisions.
(ii) Agreeing to admit me to or discharge me from any
hospital, home, or other institution, including a mental
health facility.
(iii) Having complete access to my medical and mental
health records, and sharing them with others as needed,
including after I die.
(iv) Carrying out the plans I have already made, or,
if I have not done so, making decisions about my body or
remains, including organ, tissue or whole body donation,
autopsy, cremation, and burial.
The above grant of power is intended to be as broad as
possible so that my agent will have the authority to make any
decision I could make to obtain or terminate any type of health
care, including withdrawal of nutrition and hydration and

other life-sustaining measures.
I AUTHORIZE MY AGENT TO (please check any one box):
.... Make decisions for me only when I cannot make them for
myself. The physician(s) taking care of me will determine
when I lack this ability.
(If no box is checked, then the box above shall be
implemented.) OR
.... Make decisions for me only when I cannot make them for
myself. The physician(s) taking care of me will determine
when I lack this ability. Starting now, for the purpose of
assisting me with my health care plans and decisions, my
agent shall have complete access to my medical and mental
health records, the authority to share them with others as
needed, and the complete ability to communicate with my
personal physician(s) and other health care providers,
including the ability to require an opinion of my
physician as to whether I lack the ability to make
decisions for myself. OR
.... Make decisions for me starting now and continuing
after I am no longer able to make them for myself. While I
am still able to make my own decisions, I can still do so
if I want to.
The subject of life-sustaining treatment is of particular
importance. Life-sustaining treatments may include tube

feedings or fluids through a tube, breathing machines, and
CPR. In general, in making decisions concerning
life-sustaining treatment, your agent is instructed to
consider the relief of suffering, the quality as well as the
possible extension of your life, and your previously expressed
wishes. Your agent will weigh the burdens versus benefits of
proposed treatments in making decisions on your behalf.
Additional statements concerning the withholding or
removal of life-sustaining treatment are described below.
These can serve as a guide for your agent when making decisions
for you. Ask your physician or health care provider if you have
any questions about these statements.
SELECT ONLY ONE STATEMENT BELOW THAT BEST EXPRESSES YOUR
WISHES (optional):
.... The quality of my life is more important than the
length of my life. If I am unconscious and my attending
physician believes, in accordance with reasonable medical
standards, that I will not wake up or recover my ability to
think, communicate with my family and friends, and
experience my surroundings, I do not want treatments to
prolong my life or delay my death, but I do want treatment
or care to make me comfortable and to relieve me of pain.
.... Staying alive is more important to me, no matter how
sick I am, how much I am suffering, the cost of the
procedures, or how unlikely my chances for recovery are. I

want my life to be prolonged to the greatest extent
possible in accordance with reasonable medical standards.
SPECIFIC LIMITATIONS TO MY AGENT'S DECISION-MAKING AUTHORITY:
The above grant of power is intended to be as broad as
possible so that your agent will have the authority to make any
decision you could make to obtain or terminate any type of
health care. If you wish to limit the scope of your agent's
powers or prescribe special rules or limit the power to
authorize autopsy or dispose of remains, you may do so
specifically in this form.
..................................
..............................
My signature:..................
Today's date:................................................
DELAYED REVOCATION
.... I elect to delay revocation of this power of attorney
for 30 days after I communicate my intent to revoke it.
.... I elect for the revocation of this power of attorney
to take effect immediately if I communicate my intent to
revoke it.
HAVE YOUR WITNESS AGREE TO WHAT IS WRITTEN BELOW, AND THEN
COMPLETE THE SIGNATURE PORTION:

I am at least 18 years old. (check one of the options
below):
.... I saw the principal sign this document, or
.... the principal told me that the signature or mark on
the principal signature line is his or hers.
I am not the agent or successor agent(s) named in this
document. I am not related to the principal, the agent, or the
successor agent(s) by blood, marriage, or adoption. I am not
the principal's physician, advanced practice registered nurse,
dentist, podiatric physician, optometrist, psychologist, or a
relative of one of those individuals. I am not an owner or
operator (or the relative of an owner or operator) of the
health care facility where the principal is a patient or
resident.
Witness printed name:............
Witness address:..............
Witness signature:...............
Today's date:................................................
(c) The statutory short form power of attorney for health
care (the "statutory health care power") authorizes the agent
to make any and all health care decisions on behalf of the
principal which the principal could make if present and under
no disability, subject to any limitations on the granted
powers that appear on the face of the form, to be exercised in
such manner as the agent deems consistent with the intent and

desires of the principal. The agent will be under no duty to
exercise granted powers or to assume control of or
responsibility for the principal's health care; but when
granted powers are exercised, the agent will be required to
use due care to act for the benefit of the principal in
accordance with the terms of the statutory health care power
and will be liable for negligent exercise. The agent may act in
person or through others reasonably employed by the agent for
that purpose but may not delegate authority to make health
care decisions. The agent may sign and deliver all
instruments, negotiate and enter into all agreements, and do
all other acts reasonably necessary to implement the exercise
of the powers granted to the agent. Without limiting the
generality of the foregoing, the statutory health care power
shall include the following powers, subject to any limitations
appearing on the face of the form:
(1) The agent is authorized to give consent to and
authorize or refuse, or to withhold or withdraw consent
to, any and all types of medical care, treatment, or
procedures relating to the physical or mental health of
the principal, including any medication program, surgical
procedures, life-sustaining treatment, or provision of
food and fluids for the principal.
(2) The agent is authorized to admit the principal to
or discharge the principal from any and all types of
hospitals, institutions, homes, residential or nursing

facilities, treatment centers, and other health care
institutions providing personal care or treatment for any
type of physical or mental condition. The agent shall have
the same right to visit the principal in the hospital or
other institution as is granted to a spouse or adult child
of the principal, any rule of the institution to the
contrary notwithstanding.
(3) The agent is authorized to contract for any and
all types of health care services and facilities in the
name of and on behalf of the principal and to bind the
principal to pay for all such services and facilities, and
to have and exercise those powers over the principal's
property as are authorized under the statutory property
power, to the extent the agent deems necessary to pay
health care costs; and the agent shall not be personally
liable for any services or care contracted for on behalf
of the principal.
(4) At the principal's expense and subject to
reasonable rules of the health care provider to prevent
disruption of the principal's health care, the agent shall
have the same right the principal has to examine and copy
and consent to disclosure of all the principal's medical
records that the agent deems relevant to the exercise of
the agent's powers, whether the records relate to mental
health or any other medical condition and whether they are
in the possession of or maintained by any physician,

psychiatrist, psychologist, therapist, hospital, nursing
home, or other health care provider. The authority under
this paragraph (4) applies to any information governed by
the Health Insurance Portability and Accountability Act of
1996 ("HIPAA") and regulations thereunder. The agent
serves as the principal's personal representative, as that
term is defined under HIPAA and regulations thereunder.
(5) The agent is authorized: to direct that an autopsy
be made pursuant to Section 2 of the Autopsy Act; to make a
disposition of any part or all of the principal's body
pursuant to the Illinois Anatomical Gift Act, as now or
hereafter amended; and to direct the disposition of the
principal's remains.
(6) At any time during which there is no executor or
administrator appointed for the principal's estate, the
agent is authorized to continue to pursue an application
or appeal for government benefits if those benefits were
applied for during the life of the principal.
(d) A physician may determine that the principal is unable
to make health care decisions for himself or herself only if
the principal lacks decisional capacity, as that term is
defined in Section 10 of the Health Care Surrogate Act.
(e) If the principal names the agent as a guardian on the
statutory short form, and if a court decides that the
appointment of a guardian will serve the principal's best
interests and welfare, the court shall appoint the agent to

serve without bond or security.
(Source: P.A. 101-81, eff. 7-12-19; 101-163, eff. 1-1-20;
102-38, eff. 6-25-21; 102-181, eff. 7-30-21; revised 9-22-21.)
Section 710. The Illinois Human Rights Act is amended by
changing Sections 1-103, 2-105, and 6-101 as follows:
(775 ILCS 5/1-103) (from Ch. 68, par. 1-103)
Sec. 1-103. General definitions. When used in this Act,
unless the context requires otherwise, the term:
(A) Age. "Age" means the chronological age of a person who
is at least 40 years old, except with regard to any practice
described in Section 2-102, insofar as that practice concerns
training or apprenticeship programs. In the case of training
or apprenticeship programs, for the purposes of Section 2-102,
"age" means the chronological age of a person who is 18 but not
yet 40 years old.
(B) Aggrieved party. "Aggrieved party" means a person who
is alleged or proved to have been injured by a civil rights
violation or believes he or she will be injured by a civil
rights violation under Article 3 that is about to occur.
(B-5) Arrest record. "Arrest record" means:
(1) an arrest not leading to a conviction;
(2) a juvenile record; or
(3) criminal history record information ordered
expunged, sealed, or impounded under Section 5.2 of the

Criminal Identification Act.
(C) Charge. "Charge" means an allegation filed with the
Department by an aggrieved party or initiated by the
Department under its authority.
(D) Civil rights violation. "Civil rights violation"
includes and shall be limited to only those specific acts set
forth in Sections 2-102, 2-103, 2-105, 3-102, 3-102.1, 3-103,
3-102.10, 3-104.1, 3-105, 3-105.1, 4-102, 4-103, 5-102,
5A-102, 6-101, 6-101.5, and 6-102 of this Act.
(E) Commission. "Commission" means the Human Rights
Commission created by this Act.
(F) Complaint. "Complaint" means the formal pleading filed
by the Department with the Commission following an
investigation and finding of substantial evidence of a civil
rights violation.
(G) Complainant. "Complainant" means a person including
the Department who files a charge of civil rights violation
with the Department or the Commission.
(G-5) Conviction record. "Conviction record" means
information indicating that a person has been convicted of a
felony, misdemeanor or other criminal offense, placed on
probation, fined, imprisoned, or paroled pursuant to any law
enforcement or military authority.
(H) Department. "Department" means the Department of Human
Rights created by this Act.
(I) Disability.

(1) "Disability" means a determinable physical or mental
characteristic of a person, including, but not limited to, a
determinable physical characteristic which necessitates the
person's use of a guide, hearing or support dog, the history of
such characteristic, or the perception of such characteristic
by the person complained against, which may result from
disease, injury, congenital condition of birth or functional
disorder and which characteristic:
(a) For purposes of Article 2, is unrelated to the
person's ability to perform the duties of a particular job
or position and, pursuant to Section 2-104 of this Act, a
person's illegal use of drugs or alcohol is not a
disability;
(b) For purposes of Article 3, is unrelated to the
person's ability to acquire, rent, or maintain a housing
accommodation;
(c) For purposes of Article 4, is unrelated to a
person's ability to repay;
(d) For purposes of Article 5, is unrelated to a
person's ability to utilize and benefit from a place of
public accommodation;
(e) For purposes of Article 5, also includes any
mental, psychological, or developmental disability,
including autism spectrum disorders.
(2) Discrimination based on disability includes unlawful
discrimination against an individual because of the

individual's association with a person with a disability.
(J) Marital status. "Marital status" means the legal
status of being married, single, separated, divorced, or
widowed.
(J-1) Military status. "Military status" means a person's
status on active duty in or status as a veteran of the armed
forces of the United States, status as a current member or
veteran of any reserve component of the armed forces of the
United States, including the United States Army Reserve,
United States Marine Corps Reserve, United States Navy
Reserve, United States Air Force Reserve, and United States
Coast Guard Reserve, or status as a current member or veteran
of the Illinois Army National Guard or Illinois Air National
Guard.
(K) National origin. "National origin" means the place in
which a person or one of his or her ancestors was born.
(K-5) "Order of protection status" means a person's status
as being a person protected under an order of protection
issued pursuant to the Illinois Domestic Violence Act of 1986,
Article 112A of the Code of Criminal Procedure of 1963, the
Stalking No Contact Order Act, or the Civil No Contact Order
Act, or an order of protection issued by a court of another
state.
(L) Person. "Person" includes one or more individuals,
partnerships, associations or organizations, labor
organizations, labor unions, joint apprenticeship committees,

or union labor associations, corporations, the State of
Illinois and its instrumentalities, political subdivisions,
units of local government, legal representatives, trustees in
bankruptcy or receivers.
(L-5) Pregnancy. "Pregnancy" means pregnancy, childbirth,
or medical or common conditions related to pregnancy or
childbirth.
(M) Public contract. "Public contract" includes every
contract to which the State, any of its political
subdivisions, or any municipal corporation is a party.
(N) Religion. "Religion" includes all aspects of religious
observance and practice, as well as belief, except that with
respect to employers, for the purposes of Article 2,
"religion" has the meaning ascribed to it in paragraph (F) of
Section 2-101.
(O) Sex. "Sex" means the status of being male or female.
(O-1) Sexual orientation. "Sexual orientation" means
actual or perceived heterosexuality, homosexuality,
bisexuality, or gender-related identity, whether or not
traditionally associated with the person's designated sex at
birth. "Sexual orientation" does not include a physical or
sexual attraction to a minor by an adult.
(P) Unfavorable military discharge. "Unfavorable military
discharge" includes discharges from the Armed Forces of the
United States, their Reserve components, or any National Guard
or Naval Militia which are classified as RE-3 or the

equivalent thereof, but does not include those characterized
as RE-4 or "Dishonorable".
(Q) Unlawful discrimination. "Unlawful discrimination"
means discrimination against a person because of his or her
actual or perceived: race, color, religion, national origin,
ancestry, age, sex, marital status, order of protection
status, disability, military status, sexual orientation,
pregnancy, or unfavorable discharge from military service as
those terms are defined in this Section.
(Source: P.A. 101-81, eff. 7-12-19; 101-221, eff. 1-1-20;
101-565, eff. 1-1-20; 101-656, eff. 3-23-21; 102-362, eff.
1-1-22; 102-419, eff. 1-1-22; 102-558, eff. 8-20-21; revised
9-29-21.)
(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
Sec. 2-105. Equal Employment Opportunities; Affirmative
Action.
(A) Public Contracts. Every party to a public contract and
every eligible bidder shall:
(1) Refrain from unlawful discrimination and
discrimination based on citizenship status in employment
and undertake affirmative action to assure equality of
employment opportunity and eliminate the effects of past
discrimination;
(2) Comply with the procedures and requirements of the
Department's regulations concerning equal employment

opportunities and affirmative action;
(3) Provide such information, with respect to its
employees and applicants for employment, and assistance as
the Department may reasonably request;
(4) Have written sexual harassment policies that shall
include, at a minimum, the following information: (i) the
illegality of sexual harassment; (ii) the definition of
sexual harassment under State law; (iii) a description of
sexual harassment, utilizing examples; (iv) the vendor's
internal complaint process including penalties; (v) the
legal recourse, investigative, and complaint process
available through the Department and the Commission; (vi)
directions on how to contact the Department and
Commission; and (vii) protection against retaliation as
provided by Sections 6-101 and 6-101.5 of this Act. A copy
of the policies shall be provided to the Department upon
request. Additionally, each bidder who submits a bid or
offer for a State contract under the Illinois Procurement
Code shall have a written copy of the bidder's sexual
harassment policy as required under this paragraph (4). A
copy of the policy shall be provided to the State agency
entering into the contract upon request.
(B) State Agencies. Every State executive department,
State agency, board, commission, and instrumentality shall:
(1) Comply with the procedures and requirements of the
Department's regulations concerning equal employment

opportunities and affirmative action. ;
(2) Provide such information and assistance as the
Department may request.
(3) Establish, maintain, and carry out a continuing
affirmative action plan consistent with this Act and the
regulations of the Department designed to promote equal
opportunity for all State residents in every aspect of
agency personnel policy and practice. For purposes of
these affirmative action plans, the race and national
origin categories to be included in the plans are:
American Indian or Alaska Native, Asian, Black or African
American, Hispanic or Latino, Native Hawaiian or Other
Pacific Islander.
This plan shall include a current detailed status
report:
(a) indicating, by each position in State service,
the number, percentage, and average salary of
individuals employed by race, national origin, sex and
disability, and any other category that the Department
may require by rule;
(b) identifying all positions in which the
percentage of the people employed by race, national
origin, sex and disability, and any other category
that the Department may require by rule, is less than
four-fifths of the percentage of each of those
components in the State work force;

(c) specifying the goals and methods for
increasing the percentage by race, national origin,
sex, and disability, and any other category that the
Department may require by rule, in State positions;
(d) indicating progress and problems toward
meeting equal employment opportunity goals, including,
if applicable, but not limited to, Department of
Central Management Services recruitment efforts,
publicity, promotions, and use of options designating
positions by linguistic abilities;
(e) establishing a numerical hiring goal for the
employment of qualified persons with disabilities in
the agency as a whole, to be based on the proportion of
people with work disabilities in the Illinois labor
force as reflected in the most recent employment data
made available by the United States Census Bureau.
(4) If the agency has 1000 or more employees, appoint
a full-time Equal Employment Opportunity officer, subject
to the Department's approval, whose duties shall include:
(a) Advising the head of the particular State
agency with respect to the preparation of equal
employment opportunity programs, procedures,
regulations, reports, and the agency's affirmative
action plan.
(b) Evaluating in writing each fiscal year the
sufficiency of the total agency program for equal

employment opportunity and reporting thereon to the
head of the agency with recommendations as to any
improvement or correction in recruiting, hiring or
promotion needed, including remedial or disciplinary
action with respect to managerial or supervisory
employees who have failed to cooperate fully or who
are in violation of the program.
(c) Making changes in recruitment, training and
promotion programs and in hiring and promotion
procedures designed to eliminate discriminatory
practices when authorized.
(d) Evaluating tests, employment policies,
practices, and qualifications and reporting to the
head of the agency and to the Department any policies,
practices and qualifications that have unequal impact
by race, national origin as required by Department
rule, sex, or disability or any other category that
the Department may require by rule, and to assist in
the recruitment of people in underrepresented
classifications. This function shall be performed in
cooperation with the State Department of Central
Management Services.
(e) Making any aggrieved employee or applicant for
employment aware of his or her remedies under this
Act.
In any meeting, investigation, negotiation,

conference, or other proceeding between a State
employee and an Equal Employment Opportunity officer,
a State employee (1) who is not covered by a collective
bargaining agreement and (2) who is the complaining
party or the subject of such proceeding may be
accompanied, advised and represented by (1) an
attorney licensed to practice law in the State of
Illinois or (2) a representative of an employee
organization whose membership is composed of employees
of the State and of which the employee is a member. A
representative of an employee, other than an attorney,
may observe but may not actively participate, or
advise the State employee during the course of such
meeting, investigation, negotiation, conference, or
other proceeding. Nothing in this Section shall be
construed to permit any person who is not licensed to
practice law in Illinois to deliver any legal services
or otherwise engage in any activities that would
constitute the unauthorized practice of law. Any
representative of an employee who is present with the
consent of the employee, shall not, during or after
termination of the relationship permitted by this
Section with the State employee, use or reveal any
information obtained during the course of the meeting,
investigation, negotiation, conference, or other
proceeding without the consent of the complaining

party and any State employee who is the subject of the
proceeding and pursuant to rules and regulations
governing confidentiality of such information as
promulgated by the appropriate State agency.
Intentional or reckless disclosure of information in
violation of these confidentiality requirements shall
constitute a Class B misdemeanor.
(5) Establish, maintain, and carry out a continuing
sexual harassment program that shall include the
following:
(a) Develop a written sexual harassment policy
that includes at a minimum the following information:
(i) the illegality of sexual harassment; (ii) the
definition of sexual harassment under State law; (iii)
a description of sexual harassment, utilizing
examples; (iv) the agency's internal complaint process
including penalties; (v) the legal recourse,
investigative, and complaint process available through
the Department and the Commission; (vi) directions on
how to contact the Department and Commission; and
(vii) protection against retaliation as provided by
Section 6-101 of this Act. The policy shall be
reviewed annually.
(b) Post in a prominent and accessible location
and distribute in a manner to assure notice to all
agency employees without exception the agency's sexual

harassment policy. Such documents may meet, but shall
not exceed, the 6th grade literacy level. Distribution
shall be effectuated within 90 days of the effective
date of this amendatory Act of 1992 and shall occur
annually thereafter.
(c) Provide training on sexual harassment
prevention and the agency's sexual harassment policy
as a component of all ongoing or new employee training
programs.
(6) Notify the Department 30 days before effecting any
layoff. Once notice is given, the following shall occur:
(a) No layoff may be effective earlier than 10
working days after notice to the Department, unless an
emergency layoff situation exists.
(b) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must notify each employee
targeted for layoff, the employee's union
representative (if applicable), and the State
Dislocated Worker Unit at the Department of Commerce
and Economic Opportunity.
(c) The State executive department, State agency,
board, commission, or instrumentality in which the
layoffs are to occur must conform to applicable
collective bargaining agreements.
(d) The State executive department, State agency,

board, commission, or instrumentality in which the
layoffs are to occur should notify each employee
targeted for layoff that transitional assistance may
be available to him or her under the Economic
Dislocation and Worker Adjustment Assistance Act
administered by the Department of Commerce and
Economic Opportunity. Failure to give such notice
shall not invalidate the layoff or postpone its
effective date.
As used in this subsection (B), "disability" shall be
defined in rules promulgated under the Illinois Administrative
Procedure Act.
(C) Civil Rights Violations. It is a civil rights
violation for any public contractor or eligible bidder to:
(1) fail to comply with the public contractor's or
eligible bidder's duty to refrain from unlawful
discrimination and discrimination based on citizenship
status in employment under subsection (A)(1) of this
Section; or
(2) fail to comply with the public contractor's or
eligible bidder's duties of affirmative action under
subsection (A) of this Section, provided however, that the
Department has notified the public contractor or eligible
bidder in writing by certified mail that the public
contractor or eligible bidder may not be in compliance
with affirmative action requirements of subsection (A). A

minimum of 60 days to comply with the requirements shall
be afforded to the public contractor or eligible bidder
before the Department may issue formal notice of
non-compliance.
(D) As used in this Section:
(1) "American Indian or Alaska Native" means a person
having origins in any of the original peoples of North and
South America, including Central America, and who
maintains tribal affiliation or community attachment.
(2) "Asian" means a person having origins in any of
the original peoples of the Far East, Southeast Asia, or
the Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam.
(3) "Black or African American" means a person having
origins in any of the black racial groups of Africa.
(4) "Hispanic or Latino" means a person of Cuban,
Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
(5) "Native Hawaiian or Other Pacific Islander" means
a person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands.
(Source: P.A. 102-362, eff. 1-1-22; 102-465, eff. 1-1-22;
revised 9-22-21.)
(775 ILCS 5/6-101) (from Ch. 68, par. 6-101)

Sec. 6-101. Additional civil rights violations under
Articles 2, 4, 5, and 5A. It is a civil rights violation for a
person, or for 2 or more persons, to conspire, to:
(A) Retaliation. Retaliate against a person because he
or she has opposed that which he or she reasonably and in
good faith believes to be unlawful discrimination, sexual
harassment in employment, sexual harassment in elementary,
secondary, and higher education, or discrimination based
on arrest record, or citizenship status, or work
authorization status in employment under Articles 2, 4, 5,
and 5A, because he or she has made a charge, filed a
complaint, testified, assisted, or participated in an
investigation, proceeding, or hearing under this Act, or
because he or she has requested, attempted to request,
used, or attempted to use a reasonable accommodation as
allowed by this Act;
(B) Aiding and Abetting; Coercion. Aid, abet, compel,
or coerce a person to commit any violation of this Act;
(C) Interference. Wilfully interfere with the
performance of a duty or the exercise of a power by the
Commission or one of its members or representatives or the
Department or one of its officers or employees.
Definitions. For the purposes of this Section, "sexual
harassment", "citizenship status", and "work authorization
status" shall have the same meaning as defined in Section
2-101 of this Act.

(Source: P.A. 102-233, eff. 8-2-21; 102-362, eff. 1-1-22;
revised 10-12-21.)
Section 715. The Human Trafficking Resource Center Notice
Act is amended by changing Section 5 as follows:
(775 ILCS 50/5)
Sec. 5. Posted notice required.
(a) Each of the following businesses and other
establishments shall, upon the availability of the model
notice described in Section 15 of this Act, post a notice that
complies with the requirements of this Act in a conspicuous
place near the public entrance of the establishment, in all
restrooms open to the public, or in another conspicuous
location in clear view of the public and employees where
similar notices are customarily posted:
(1) On premise consumption retailer licensees under
the Liquor Control Act of 1934 where the sale of alcoholic
liquor is the principal business carried on by the
licensee at the premises and primary to the sale of food.
(2) Adult entertainment facilities, as defined in
Section 5-1097.5 of the Counties Code.
(3) Primary airports, as defined in Section 47102(16)
of Title 49 of the United States Code.
(4) Intercity passenger rail or light rail stations.
(5) Bus stations.

(6) Truck stops. For purposes of this Act, "truck
stop" means a privately-owned and operated facility that
provides food, fuel, shower or other sanitary facilities,
and lawful overnight truck parking.
(7) Emergency rooms within general acute care
hospitals, in which case the notice may be posted by
electronic means.
(8) Urgent care centers, in which case the notice may
be posted by electronic means.
(9) Farm labor contractors. For purposes of this Act,
"farm labor contractor" means: (i) any person who for a
fee or other valuable consideration recruits, supplies, or
hires, or transports in connection therewith, into or
within the State, any farmworker not of the contractor's
immediate family to work for, or under the direction,
supervision, or control of, a third person; or (ii) any
person who for a fee or other valuable consideration
recruits, supplies, or hires, or transports in connection
therewith, into or within the State, any farmworker not of
the contractor's immediate family, and who for a fee or
other valuable consideration directs, supervises, or
controls all or any part of the work of the farmworker or
who disburses wages to the farmworker. However, "farm
labor contractor" does not include full-time regular
employees of food processing companies when the employees
are engaged in recruiting for the companies if those

employees are not compensated according to the number of
farmworkers they recruit.
(10) Privately-operated job recruitment centers.
(11) Massage establishments. As used in this Act,
"massage establishment" means a place of business in which
any method of massage therapy is administered or practiced
for compensation. "Massage establishment" does not
include: an establishment at which persons licensed under
the Medical Practice Act of 1987, the Illinois Physical
Therapy Act, or the Naprapathic Practice Act engage in
practice under one of those Acts; a business owned by a
sole licensed massage therapist; or a cosmetology or
esthetics salon registered under the Barber, Cosmetology,
Esthetics, Hair Braiding, and Nail Technology Act of 1985.
(b) The Department of Transportation shall, upon the
availability of the model notice described in Section 15 of
this Act, post a notice that complies with the requirements of
this Act in a conspicuous place near the public entrance of
each roadside rest area or in another conspicuous location in
clear view of the public and employees where similar notices
are customarily posted.
(c) The owner of a hotel or motel shall, upon the
availability of the model notice described in Section 15 of
this Act, post a notice that complies with the requirements of
this Act in a conspicuous and accessible place in or about the
premises in clear view of the employees where similar notices

are customarily posted.
(d) The organizer of a public gathering or special event
that is conducted on property open to the public and requires
the issuance of a permit from the unit of local government
shall post a notice that complies with the requirements of
this Act in a conspicuous and accessible place in or about the
premises in clear view of the public and employees where
similar notices are customarily posted.
(e) The administrator of a public or private elementary
school or public or private secondary school shall post a
printout of the downloadable notice provided by the Department
of Human Services under Section 15 that complies with the
requirements of this Act in a conspicuous and accessible place
chosen by the administrator in the administrative office or
another location in view of school employees. School districts
and personnel are not subject to the penalties provided under
subsection (a) of Section 20.
(f) The owner of an establishment registered under the
Tattoo and Body Piercing Establishment Registration Act shall
post a notice that complies with the requirements of this Act
in a conspicuous and accessible place in clear view of
establishment employees.
(Source: P.A. 102-4, eff. 4-27-21; 102-131, eff. 1-1-22;
revised 8-3-21.)
Section 720. The Business Corporation Act of 1983 is

amended by changing Sections 8.12 and 15.65 as follows:
(805 ILCS 5/8.12)
Sec. 8.12. Female, minority, and LGBTQ directors.
(a) Findings and purpose. The General Assembly finds that
women, minorities, and LGBTQ people are still largely
underrepresented nationally in positions of corporate
authority, such as serving as a director on a corporation's
board of directors. This low representation could be
contributing to the disparity seen in wages made by females
and minorities versus their white male counterparts. Increased
representation of these individuals as directors on boards of
directors for corporations may boost the Illinois economy,
improve opportunities for women, minorities, and LGBTQ people
in the workplace, and foster an environment in Illinois where
the business community is representative of our residents.
Therefore, it is the intent of the General Assembly to gather
more data and study this issue within the State so that
effective policy changes may be implemented to eliminate this
disparity.
(b) As used in this Section:
"Annual report" means the report submitted annually to the
Secretary of State pursuant to this Act.
"Female" means a person who is a citizen or lawful
permanent resident of the United States and who
self-identifies as a woman, without regard to the individual's

designated sex at birth.
"Minority person" means a person who is a citizen or
lawful permanent resident of the United States and who is any
of the following races or ethnicities:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South
America, including Central America, and who maintains
tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the
Indian subcontinent, including, but not limited to,
Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having origins
in any of the black racial groups of Africa). Terms such as
"Haitian" or "Negro" can be used in addition to "Black" or
"African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish
culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of
Hawaii, Guam, Samoa, or other Pacific Islands).
(6) "Publicly held domestic or foreign corporation"
means a corporation with outstanding shares listed on a
major United States stock exchange.

(c) Reporting to the Secretary of State. As soon as
practical after August 27, 2019 (the effective date of Public
Act 101-589) this amendatory Act of the 101st General
Assembly, but no later than January 1, 2021, the following
information shall be provided in a corporation's annual report
submitted to the Secretary of State under this Act and made
available by the Secretary of State to the public online as it
is received:
(1) Whether the corporation is a publicly held
domestic or foreign corporation with its principal
executive office located in Illinois.
(2) Where the corporation is a publicly held domestic
or foreign corporation with its principal executive office
located in Illinois, data on specific qualifications,
skills, and experience that the corporation considers for
its board of directors, nominees for the board of
directors, and executive officers.
(3) Where the corporation is a publicly held domestic
or foreign corporation with its principal executive office
located in Illinois, the self-identified gender of each
member of its board of directors.
(4) Where the corporation is a publicly held domestic
or foreign corporation with its principal executive office
located in Illinois, whether each member of its board of
directors self-identifies as a minority person and, if so,
which race or ethnicity to which the member belongs.

(5) Where the corporation is a publicly held domestic
or foreign corporation with its principal executive office
located in Illinois, the self-identified sexual
orientation of each member of its board of directors.
(6) Where the corporation is a publicly held domestic
or foreign corporation with its principal executive office
located in Illinois, the self-identified gender identity
of each member of its board of directors.
(7) 7 Where the corporation is a publicly held
domestic or foreign corporation with its principal
executive office located in Illinois, a description of the
corporation's process for identifying and evaluating
nominees for the board of directors, including whether
and, if so, how demographic diversity is considered.
(8) 8 Where the corporation is a publicly held
domestic or foreign corporation with its principal
executive office located in Illinois, a description of the
corporation's process for identifying and appointing
executive officers, including whether and, if so, how
demographic diversity is considered.
(9) 9 Where the corporation is a publicly held
domestic or foreign corporation with its principal
executive office located in Illinois, a description of the
corporation's policies and practices for promoting
diversity, equity, and inclusion among its board of
directors and executive officers.

Information reported under this subsection shall be
updated in each annual report filed with the Secretary of
State thereafter.
(d) Beginning no later than March 1, 2021, and every March
1 thereafter, the University of Illinois Systems shall review
the information reported and published under subsection (c)
and shall publish on its website a report that provides
aggregate data on the demographic characteristics of the
boards of directors and executive officers of corporations
filing an annual report for the preceding year along with an
individualized rating for each corporation. The report shall
also identify strategies for promoting diversity and inclusion
among boards of directors and corporate executive officers.
(e) The University of Illinois System shall establish a
rating system assessing the representation of women,
minorities, and LGBTQ people on corporate boards of directors
of those corporations that are publicly held domestic or
foreign corporations with their principal executive office
located in Illinois based on the information gathered under
this Section. The rating system shall consider, among other
things: compliance with the demographic reporting obligations
in subsection (c); the corporation's policies and practices
for encouraging diversity in recruitment, board membership,
and executive appointments; and the demographic diversity of
board seats and executive positions.
(Source: P.A. 101-589, eff. 8-27-19; 102-223, eff. 1-1-22;

revised 11-24-21.)
(805 ILCS 5/15.65) (from Ch. 32, par. 15.65)
(Section scheduled to be repealed on December 31, 2024)
Sec. 15.65. Franchise taxes payable by foreign
corporations. For the privilege of exercising its authority to
transact such business in this State as set out in its
application therefor or any amendment thereto, each foreign
corporation shall pay to the Secretary of State the following
franchise taxes, computed on the basis, at the rates and for
the periods prescribed in this Act:
(a) An initial franchise tax at the time of filing its
application for authority to transact business in this
State.
(b) An additional franchise tax at the time of filing
(1) a report of the issuance of additional shares, or (2) a
report of an increase in paid-in capital without the
issuance of shares, or (3) a report of cumulative changes
in paid-in capital or a report of an exchange or
reclassification of shares, whenever any such report
discloses an increase in its paid-in capital over the
amount thereof last reported in any document, other than
an annual report, interim annual report or final
transition annual report, required by this Act to be filed
in the office of the Secretary of State.
(c) Whenever the corporation shall be a party to a

statutory merger and shall be the surviving corporation,
an additional franchise tax at the time of filing its
report following merger, if such report discloses that the
amount represented in this State of its paid-in capital
immediately after the merger is greater than the aggregate
of the amounts represented in this State of the paid-in
capital of such of the merged corporations as were
authorized to transact business in this State at the time
of the merger, as last reported by them in any documents,
other than annual reports, required by this Act to be
filed in the office of the Secretary of State; and in
addition, the surviving corporation shall be liable for a
further additional franchise tax on the paid-in capital of
each of the merged corporations as last reported by them
in any document, other than an annual report, required by
this Act to be filed with the Secretary of State, from
their taxable year end to the next succeeding anniversary
month or, in the case of a corporation which has
established an extended filing month, the extended filing
month of the surviving corporation; however if the taxable
year ends within the 2-month period immediately preceding
the anniversary month or the extended filing month of the
surviving corporation, the tax will be computed to the
anniversary or, extended filing month of the surviving
corporation in the next succeeding calendar year.
(d) An annual franchise tax payable each year with any

annual report which the corporation is required by this
Act to file.
On or after January 1, 2020 and prior to January 1, 2021,
the first $30 in liability is exempt from the tax imposed under
this Section. On or after January 1, 2021, the first $1,000 in
liability is exempt from the tax imposed under this Section.
Public Act 101-9
(Source: P.A. 101-9, eff. 6-5-19; 102-16, eff. 6-17-21;
102-558, eff. 8-20-21; revised 10-21-21.)
Section 725. The Consumer Fraud and Deceptive Business
Practices Act is amended by setting forth and renumbering
multiple versions of Section 2WWW as follows:
(815 ILCS 505/2WWW)
Sec. 2WWW. Termination or early cancellation fees for
deceased persons.
(a) Subject to federal law and regulation, no provider of
telephone, cellular telephone, television, Internet, energy,
medical alert system, or water services shall impose a fee for
termination or early cancellation of a service contract in the
event the customer has deceased before the end of the
contract.
(b) Every violation of this Section is an unlawful
practice within the meaning of this Act.
(Source: P.A. 102-112, eff. 1-1-22.)

(815 ILCS 505/2XXX)
Sec. 2XXX 2WWW. Disclosure requirements for manufactured
homes.
(a) A lender, or agent of a lending company, when offering
terms for a mortgage note for the purchase of a manufactured
home, as defined in the Mobile Home Park Act, that has not been
caused to be deemed to be real property by satisfying the
requirements of the Conveyance and Encumbrance of Manufactured
Homes as Real Property and Severance Act, shall disclose:
(1) any affiliation between the landlord and the
lending company;
(2) that the loan is a chattel loan;
(3) that the terms of a chattel loan prohibit
refinancing;
(4) that, depending on where the consumer affixes the
manufactured home (be it property owned by the consumer or
on certain types of leased land), the manufactured home
may qualify as real property under the Conveyance and
Encumbrance of Manufactured Homes as Real Property and
Severance Act; and
(5) any other reason that prohibits refinancing.
(b) A violation of this Section constitutes an unlawful
practice within the meaning of this Act.
(Source: P.A. 102-365, eff. 1-1-22; revised 11-12-21.)

(815 ILCS 505/2YYY)
Sec. 2YYY 2WWW. Deceptive practices targeting veterans and
military members.
(a) As used in this Section:
"Veteran or military benefits services" means any services
offered or provided to a veteran, military member, or family
member who is entitled to receive benefits under federal,
State, or local law, policy, or practice as a result of, at
least in part, qualifying military service. Such services
include assistance in obtaining benefits, increasing benefits,
or appealing a decision related to obtaining or increasing
benefits.
"Veteran's services disclosure" means providing, in upper
case type in size at least as large as the type size of the
written communication or by voice-over, the following
statement: "VETERAN AND MILITARY BENEFITS SERVICES ARE
AVAILABLE FREE OF CHARGE FROM COUNTY VETERAN SERVICE OFFICERS,
THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, AND FEDERALLY
CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE,
CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S
OFFICE AT 1-800-382-3000.".
(b) It is an unlawful practice within the meaning of this
Act for any person providing veteran or military benefits
services to:
(1) Fail in any advertising to conspicuously disclose
a veteran's services disclosure when veteran or military

benefits services are provided in exchange for a benefit
or thing of value.
(2) Fail to obtain, or to obtain a pending application
for, all veteran or military benefits services
qualifications, certifications, and accreditations
required under State or federal law.
(3) Fail, when acting as a fiduciary for a veteran
receiving benefits, to meet the responsibilities of
fiduciaries under 38 CFR 13.140.
(4) Fail, when providing representation before the
United States Department of Veterans Affairs, to meet the
standards of conduct under 38 CFR 14.632.
(5) Charge fees or expenses in violation of 38 CFR
14.636 or 14.637.
(Source: P.A. 102-386, eff. 1-1-22; revised 11-12-21.)
(815 ILCS 505/2ZZZ)
Sec. 2ZZZ 2WWW. Violations of the Educational Planning
Services Consumer Protection Act. Any person who violates the
Educational Planning Services Consumer Protection Act commits
an unlawful practice within the meaning of this Act.
(Source: P.A. 102-571, eff. 1-1-22; revised 11-12-21.)
Section 730. The Prevailing Wage Act is amended by
changing Section 2 as follows:

(820 ILCS 130/2) (from Ch. 48, par. 39s-2)
Sec. 2. This Act applies to the wages of laborers,
mechanics and other workers employed in any public works, as
hereinafter defined, by any public body and to anyone under
contracts for public works. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
As used in this Act, unless the context indicates
otherwise:
"Public works" means all fixed works constructed or
demolished by any public body, or paid for wholly or in part
out of public funds. "Public works" as defined herein includes
all projects financed in whole or in part with bonds, grants,
loans, or other funds made available by or through the State or
any of its political subdivisions, including but not limited
to: bonds issued under the Industrial Project Revenue Bond Act
(Article 11, Division 74 of the Illinois Municipal Code), the
Industrial Building Revenue Bond Act, the Illinois Finance
Authority Act, the Illinois Sports Facilities Authority Act,
or the Build Illinois Bond Act; loans or other funds made
available pursuant to the Build Illinois Act; loans or other
funds made available pursuant to the Riverfront Development
Fund under Section 10-15 of the River Edge Redevelopment Zone
Act; or funds from the Fund for Illinois' Future under Section
6z-47 of the State Finance Act, funds for school construction
under Section 5 of the General Obligation Bond Act, funds

authorized under Section 3 of the School Construction Bond
Act, funds for school infrastructure under Section 6z-45 of
the State Finance Act, and funds for transportation purposes
under Section 4 of the General Obligation Bond Act. "Public
works" also includes (i) all projects financed in whole or in
part with funds from the Environmental Protection Agency under
the Illinois Renewable Fuels Development Program Act for which
there is no project labor agreement; (ii) all work performed
pursuant to a public private agreement under the Public
Private Agreements for the Illiana Expressway Act or the
Public-Private Agreements for the South Suburban Airport Act;
and (iii) all projects undertaken under a public-private
agreement under the Public-Private Partnerships for
Transportation Act. "Public works" also includes all projects
at leased facility property used for airport purposes under
Section 35 of the Local Government Facility Lease Act. "Public
works" also includes the construction of a new wind power
facility by a business designated as a High Impact Business
under Section 5.5(a)(3)(E) and the construction of a new
utility-scale solar power facility by a business designated as
a High Impact Business under Section 5.5(a)(3)(E-5) of the
Illinois Enterprise Zone Act. "Public works" also includes
electric vehicle charging station projects financed pursuant
to the Electric Vehicle Act and renewable energy projects
required to pay the prevailing wage pursuant to the Illinois
Power Agency Act. "Public works" does not include work done

directly by any public utility company, whether or not done
under public supervision or direction, or paid for wholly or
in part out of public funds. "Public works" also includes
construction projects performed by a third party contracted by
any public utility, as described in subsection (a) of Section
2.1, in public rights-of-way, as defined in Section 21-201 of
the Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes construction
projects that exceed 15 aggregate miles of new fiber optic
cable, performed by a third party contracted by any public
utility, as described in subsection (b) of Section 2.1, in
public rights-of-way, as defined in Section 21-201 of the
Public Utilities Act, whether or not done under public
supervision or direction, or paid for wholly or in part out of
public funds. "Public works" also includes any corrective
action performed pursuant to Title XVI of the Environmental
Protection Act for which payment from the Underground Storage
Tank Fund is requested. "Public works" does not include
projects undertaken by the owner at an owner-occupied
single-family residence or at an owner-occupied unit of a
multi-family residence. "Public works" does not include work
performed for soil and water conservation purposes on
agricultural lands, whether or not done under public
supervision or paid for wholly or in part out of public funds,
done directly by an owner or person who has legal control of

those lands.
"Construction" means all work on public works involving
laborers, workers or mechanics. This includes any maintenance,
repair, assembly, or disassembly work performed on equipment
whether owned, leased, or rented.
"Locality" means the county where the physical work upon
public works is performed, except (1) that if there is not
available in the county a sufficient number of competent
skilled laborers, workers and mechanics to construct the
public works efficiently and properly, "locality" includes any
other county nearest the one in which the work or construction
is to be performed and from which such persons may be obtained
in sufficient numbers to perform the work and (2) that, with
respect to contracts for highway work with the Department of
Transportation of this State, "locality" may at the discretion
of the Secretary of the Department of Transportation be
construed to include two or more adjacent counties from which
workers may be accessible for work on such construction.
"Public body" means the State or any officer, board or
commission of the State or any political subdivision or
department thereof, or any institution supported in whole or
in part by public funds, and includes every county, city,
town, village, township, school district, irrigation, utility,
reclamation improvement or other district and every other
political subdivision, district or municipality of the state
whether such political subdivision, municipality or district

operates under a special charter or not.
"Labor organization" means an organization that is the
exclusive representative of an employer's employees recognized
or certified pursuant to the National Labor Relations Act.
The terms "general prevailing rate of hourly wages",
"general prevailing rate of wages" or "prevailing rate of
wages" when used in this Act mean the hourly cash wages plus
annualized fringe benefits for training and apprenticeship
programs approved by the U.S. Department of Labor, Bureau of
Apprenticeship and Training, health and welfare, insurance,
vacations and pensions paid generally, in the locality in
which the work is being performed, to employees engaged in
work of a similar character on public works.
(Source: P.A. 102-9, eff. 1-1-22; 102-444, eff. 8-20-21;
102-673, eff. 11-30-21; revised 12-9-21.)
Section 735. The Unemployment Insurance Act is amended by
changing Section 1900 as follows:
(820 ILCS 405/1900) (from Ch. 48, par. 640)
Sec. 1900. Disclosure of information.
A. Except as provided in this Section, information
obtained from any individual or employing unit during the
administration of this Act shall:
1. be confidential,
2. not be published or open to public inspection,

3. not be used in any court in any pending action or
proceeding,
4. not be admissible in evidence in any action or
proceeding other than one arising out of this Act.
B. No finding, determination, decision, ruling, or order
(including any finding of fact, statement or conclusion made
therein) issued pursuant to this Act shall be admissible or
used in evidence in any action other than one arising out of
this Act, nor shall it be binding or conclusive except as
provided in this Act, nor shall it constitute res judicata,
regardless of whether the actions were between the same or
related parties or involved the same facts.
C. Any officer or employee of this State, any officer or
employee of any entity authorized to obtain information
pursuant to this Section, and any agent of this State or of
such entity who, except with authority of the Director under
this Section or as authorized pursuant to subsection P-1,
shall disclose information shall be guilty of a Class B
misdemeanor and shall be disqualified from holding any
appointment or employment by the State.
D. An individual or his duly authorized agent may be
supplied with information from records only to the extent
necessary for the proper presentation of his claim for
benefits or with his existing or prospective rights to
benefits. Discretion to disclose this information belongs
solely to the Director and is not subject to a release or

waiver by the individual. Notwithstanding any other provision
to the contrary, an individual or his or her duly authorized
agent may be supplied with a statement of the amount of
benefits paid to the individual during the 18 months preceding
the date of his or her request.
E. An employing unit may be furnished with information,
only if deemed by the Director as necessary to enable it to
fully discharge its obligations or safeguard its rights under
the Act. Discretion to disclose this information belongs
solely to the Director and is not subject to a release or
waiver by the employing unit.
F. The Director may furnish any information that he may
deem proper to any public officer or public agency of this or
any other State or of the federal government dealing with:
1. the administration of relief,
2. public assistance,
3. unemployment compensation,
4. a system of public employment offices,
5. wages and hours of employment, or
6. a public works program.
The Director may make available to the Illinois Workers'
Compensation Commission information regarding employers for
the purpose of verifying the insurance coverage required under
the Workers' Compensation Act and Workers' Occupational
Diseases Act.
G. The Director may disclose information submitted by the

State or any of its political subdivisions, municipal
corporations, instrumentalities, or school or community
college districts, except for information which specifically
identifies an individual claimant.
H. The Director shall disclose only that information
required to be disclosed under Section 303 of the Social
Security Act, as amended, including:
1. any information required to be given the United
States Department of Labor under Section 303(a)(6); and
2. the making available upon request to any agency of
the United States charged with the administration of
public works or assistance through public employment, the
name, address, ordinary occupation, and employment status
of each recipient of unemployment compensation, and a
statement of such recipient's right to further
compensation under such law as required by Section
303(a)(7); and
3. records to make available to the Railroad
Retirement Board as required by Section 303(c)(1); and
4. information that will assure reasonable cooperation
with every agency of the United States charged with the
administration of any unemployment compensation law as
required by Section 303(c)(2); and
5. information upon request and on a reimbursable
basis to the United States Department of Agriculture and
to any State food stamp agency concerning any information

required to be furnished by Section 303(d); and
6. any wage information upon request and on a
reimbursable basis to any State or local child support
enforcement agency required by Section 303(e); and
7. any information required under the income
eligibility and verification system as required by Section
303(f); and
8. information that might be useful in locating an
absent parent or that parent's employer, establishing
paternity or establishing, modifying, or enforcing child
support orders for the purpose of a child support
enforcement program under Title IV of the Social Security
Act upon the request of and on a reimbursable basis to the
public agency administering the Federal Parent Locator
Service as required by Section 303(h); and
9. information, upon request, to representatives of
any federal, State, or local governmental public housing
agency with respect to individuals who have signed the
appropriate consent form approved by the Secretary of
Housing and Urban Development and who are applying for or
participating in any housing assistance program
administered by the United States Department of Housing
and Urban Development as required by Section 303(i).
I. The Director, upon the request of a public agency of
Illinois, of the federal government, or of any other state
charged with the investigation or enforcement of Section 10-5

of the Criminal Code of 2012 (or a similar federal law or
similar law of another State), may furnish the public agency
information regarding the individual specified in the request
as to:
1. the current or most recent home address of the
individual, and
2. the names and addresses of the individual's
employers.
J. Nothing in this Section shall be deemed to interfere
with the disclosure of certain records as provided for in
Section 1706 or with the right to make available to the
Internal Revenue Service of the United States Department of
the Treasury, or the Department of Revenue of the State of
Illinois, information obtained under this Act. With respect to
each benefit claim that appears to have been filed other than
by the individual in whose name the claim was filed or by the
individual's authorized agent and with respect to which
benefits were paid during the prior calendar year, the
Director shall annually report to the Department of Revenue
information that is in the Director's possession and may
assist in avoiding negative income tax consequences for the
individual in whose name the claim was filed.
K. The Department shall make available to the Illinois
Student Assistance Commission, upon request, information in
the possession of the Department that may be necessary or
useful to the Commission in the collection of defaulted or

delinquent student loans which the Commission administers.
L. The Department shall make available to the State
Employees' Retirement System, the State Universities
Retirement System, the Teachers' Retirement System of the
State of Illinois, and the Department of Central Management
Services, Risk Management Division, upon request, information
in the possession of the Department that may be necessary or
useful to the System or the Risk Management Division for the
purpose of determining whether any recipient of a disability
benefit from the System or a workers' compensation benefit
from the Risk Management Division is gainfully employed.
M. This Section shall be applicable to the information
obtained in the administration of the State employment
service, except that the Director may publish or release
general labor market information and may furnish information
that he may deem proper to an individual, public officer, or
public agency of this or any other State or the federal
government (in addition to those public officers or public
agencies specified in this Section) as he prescribes by Rule.
N. The Director may require such safeguards as he deems
proper to insure that information disclosed pursuant to this
Section is used only for the purposes set forth in this
Section.
O. Nothing in this Section prohibits communication with an
individual or entity through unencrypted e-mail or other
unencrypted electronic means as long as the communication does

not contain the individual's or entity's name in combination
with any one or more of the individual's or entity's entire or
partial social security number; driver's license or State
identification number; credit or debit card number; or any
required security code, access code, or password that would
permit access to further information pertaining to the
individual or entity.
P. (Blank).
P-1. With the express written consent of a claimant or
employing unit and an agreement not to publicly disclose, the
Director shall provide requested information related to a
claim to an elected official performing constituent services
or his or her agent.
Q. The Director shall make available to an elected federal
official the name and address of an individual or entity that
is located within the jurisdiction from which the official was
elected and that, for the most recently completed calendar
year, has reported to the Department as paying wages to
workers, where the information will be used in connection with
the official duties of the official and the official requests
the information in writing, specifying the purposes for which
it will be used. For purposes of this subsection, the use of
information in connection with the official duties of an
official does not include use of the information in connection
with the solicitation of contributions or expenditures, in
money or in kind, to or on behalf of a candidate for public or

political office or a political party or with respect to a
public question, as defined in Section 1-3 of the Election
Code, or in connection with any commercial solicitation. Any
elected federal official who, in submitting a request for
information covered by this subsection, knowingly makes a
false statement or fails to disclose a material fact, with the
intent to obtain the information for a purpose not authorized
by this subsection, shall be guilty of a Class B misdemeanor.
R. The Director may provide to any State or local child
support agency, upon request and on a reimbursable basis,
information that might be useful in locating an absent parent
or that parent's employer, establishing paternity, or
establishing, modifying, or enforcing child support orders.
S. The Department shall make available to a State's
Attorney of this State or a State's Attorney's investigator,
upon request, the current address or, if the current address
is unavailable, current employer information, if available, of
a victim of a felony or a witness to a felony or a person
against whom an arrest warrant is outstanding.
T. The Director shall make available to the Illinois State
Police, a county sheriff's office, or a municipal police
department, upon request, any information concerning the
current address and place of employment or former places of
employment of a person who is required to register as a sex
offender under the Sex Offender Registration Act that may be
useful in enforcing the registration provisions of that Act.

U. The Director shall make information available to the
Department of Healthcare and Family Services and the
Department of Human Services for the purpose of determining
eligibility for public benefit programs authorized under the
Illinois Public Aid Code and related statutes administered by
those departments, for verifying sources and amounts of
income, and for other purposes directly connected with the
administration of those programs.
V. The Director shall make information available to the
State Board of Elections as may be required by an agreement the
State Board of Elections has entered into with a multi-state
voter registration list maintenance system.
W. The Director shall make information available to the
State Treasurer's office and the Department of Revenue for the
purpose of facilitating compliance with the Illinois Secure
Choice Savings Program Act, including employer contact
information for employers with 25 or more employees and any
other information the Director deems appropriate that is
directly related to the administration of this program.
X. The Director shall make information available, upon
request, to the Illinois Student Assistance Commission for the
purpose of determining eligibility for the adult vocational
community college scholarship program under Section 65.105 of
the Higher Education Student Assistance Act.
Y. Except as required under State or federal law, or
unless otherwise provided for in this Section, the Department

shall not disclose an individual's entire social security
number in any correspondence physically mailed to an
individual or entity.
(Source: P.A. 101-315, eff. 1-1-20; 102-26, eff. 6-25-21;
102-538, eff. 8-20-21; revised 11-8-21.)
Section 995. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i) the
changes made by this Act or (ii) provisions derived from any
other Public Act.
Section 996. No revival or extension. This Act does not
revive or extend any Section or Act otherwise repealed.
Section 999. Effective date. This Act takes effect upon
becoming law.
INDEX
Statutes amended in order of appearance